Copyright Act, 1963
|
PART III. Copyright in Sound Recordings, Cinematograph Films, Broadcasts, etc. | ||
|
Copyright in sound recordings. |
17.—(1) Copyright shall subsist, subject to the provisions of this Act— | |
(a) in every sound recording of which the maker was a qualified person at the time the recording was made, and | ||
(b) without prejudice to the preceding paragraph of this subsection, in every published sound recording the first publication of which took place in the State. | ||
(2) Copyright subsisting in a sound recording by virtue of this section shall continue to subsist until the end of the period of fifty years from the end of the year in which the recording is first published. | ||
(3) Subject to the provisions of this Act, the maker of a sound recording shall be entitled to any copyright subsisting in the recording by virtue of this section, save, however, that where a person commissions the making of a sound recording, and pays or agrees to pay for it in money or money's worth, and the recording is made in pursuance of that commission, that person, in the absence of an agreement to the contrary, shall be entitled to any copyright subsisting in the recording by virtue of this section. | ||
(4) The acts restricted by the copyright in a sound recording are— | ||
(a) making a record embodying the recording; | ||
(b) in the case of a published recording, causing the recording or any reproduction thereof to be heard in public, or to be broadcast, or to be transmitted to subscribers to a diffusion service, without the payment of equitable remuneration to the owner of the copyright subsisting in the recording; | ||
(c) in the case of an unpublished recording, causing the recording or any reproduction thereof to be heard in public, or to be broadcast, or to be transmitted to subscribers to a diffusion service. | ||
(5) Where— | ||
(a) either party to a dispute in relation to the amount of remuneration payable under paragraph (b) of subsection (4) of this section undertakes to refer the dispute to the Controller under section 31 of this Act, and | ||
(b) an undertaking has been given to the owner of the copyright subsisting in the recording by the other party to the dispute to pay to him the amount of remuneration determined under the said section 31, | ||
the copyright in the recording is not infringed on the ground of non-fulfilment of the condition specified in the said paragraph (b). | ||
(6) The copyright in a sound recording is not infringed by a person who does any of the acts mentioned in subsection (4) of this section in the State in relation to a sound recording, or part of a sound recording, if— | ||
(a) records embodying that recording, or that part of the recording, as the case may be, have previously been issued to the public in the State, and | ||
(b) at the time when those records were so issued, neither the records nor the containers in which they were issued bore a label or other mark indicating the year in which the recording was first published. | ||
(7) The immediately preceding subsection of this section shall not apply if it is shown— | ||
(a) that the records in question were not issued by or with the licence of the owner of the copyright, or | ||
(b) that the owner of the copyright had taken all reasonable steps for securing that records embodying the recording, or part thereof, would not be issued to the public in the State without a label or mark either on the records themselves or on their containers indicating the year in which the recording was first published. | ||
(8) Where a published sound recording is caused to be heard in public— | ||
(a) at any premises where persons reside or sleep, as part of the amenities provided exclusively or mainly for residents or inmates therein, or | ||
(b) as part of the activities of, or for the benefit of, a club, society or other organisation which is not established or conducted for profit and whose main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare, | ||
the act of causing the sound recording to be so heard without the payment of equitable remuneration to the owner of the copyright subsisting in the recording shall not, subject to the provisions of the next following subsection of this section, constitute an infringement of the copyright subsisting therein. | ||
(9) The immediately preceding subsection of this section shall not apply— | ||
(a) in the case of the premises mentioned in paragraph (a) of that subsection, if a special charge is made for admission to the part of the premises where the recording is to be heard, or | ||
(b) in the case of any such organisation as is mentioned in paragraph (b) of that subsection, if a charge is made for admission to the place where the recording is to be heard, and any of the proceeds of the charge are applied otherwise than for the purposes of the organisation. | ||
(10) For the purposes of this Act, a sound recording shall be taken to be made at the time when the first record embodying the recording is made, and the maker of a sound recording is the person who owns that record at the time when the recording is made. | ||
(11) Where, by virtue of an assignment or licence or otherwise, Radio Éireann is authorised to broadcast a sound recording, but (apart from this subsection) would not be entitled to make a record of it, the copyright in the recording is not infringed if Radio Éireann by means of its own facilities makes a record of the recording for the purpose of the authorised broadcast. | ||
(12) The general exception mentioned in the immediately preceding subsection of this section shall not apply if, without the consent of the owner of the relevant rights in the sound recording— | ||
(a) the record or any copy thereof is used for any purpose except that of making the broadcast in accordance with the authorisation, if any, or, | ||
(b) the record or any copy thereof is not destroyed before the end of the period of six months next following the making of the record, or such longer period as may be agreed between Radio Éireann and the person who, in relation to the making of records of the description in question, is the owner of the copyright subsisting in the recording | ||
(13) Any record of a recording made under subsection (11) of this section which is of an exceptional documentary character may be preserved in the archives of Radio Éireann, which are hereby designated official archives for the purpose, but, subject to the provisions of this Act, shall not be used for broadcasting or for any other purpose without the consent of the owner of the relevant rights in the recording. | ||
(14) In this Act— | ||
“sound recording” means the aggregate of the sounds embodied in, and capable of being reproduced by means of, a record of any description, other than a sound-track associated with a cinematograph film; and | ||
“publication”, in relation to a sound recording, means the issue to the public of records embodying the recording or any part thereof. |