Copyright Act, 1963

Broadcasts of sound recordings and cinematograph films and diffusion of broadcast programmes.

52.—(1) Where a sound broadcast or television broadcast is made by Radio Éireann, and a person, by the reception of that broadcast, causes a sound recording, whether made before or after the commencement of this section, to be heard in public or to be transmitted to subscribers to a diffusion service, he does not thereby infringe the copyright (if any) in that recording.

(2) Where a television broadcast or sound broadcast is made by Radio Éireann, and the broadcast is an authorised broadcast, any person who, by the reception of the broadcast, causes a cinematograph film to be seen or heard in public shall be in the like position, in any proceedings for the infringement of the copyright (if any) in the film under section 18 of this Act, as if he had been the holder of a licence granted by the owner of that copyright to cause the film to be seen or heard in public by the reception of the broadcast.

(3) Where a television broadcast or sound broadcast is made by Radio Éireann, and the broadcast is an authorised broadcast, any person who, by the reception of the broadcast, causes a programme to be transmitted to subscribers to a diffusion service, being a programme comprising a literary, dramatic, or musical work, or an adaptation of such a work, or an artistic work, or a cinematograph film, shall be in the like position, in any proceedings for infringement of the copyright (if any) in the work or film, as if he had been the holder of a licence granted by the owner of that copyright to include the work, adaptation or film in any programme caused to be transmitted by him to subscribers to that service by the reception of the broadcast.

(4) If, in the circumstances mentioned in either of the two last preceding subsections, the person causing the cinematograph film to be seen or heard, or the programme to be transmitted, as the case may be, infringed the copyright in question, by reason that the broadcast was not an authorised broadcast—

(a) no proceedings shall be brought against that person under this Act in respect of his infringement of that copyright, but

(b) it shall be taken into account in assessing damages in any proceedings against Radio Éireann in respect of that copyright, in so far as that copyright was infringed by Radio Éireann in making the broadcast.

(5) For the purposes of this section, a broadcast shall be taken, in relation to a work or cinematograph film, to be an authorised broadcast if, but only if, it is made by, or with the licence of, the owner of the copyright in the work or film.