Copyright Act, 1963

PART V.

Jurisdiction of the Controller of Industrial and Commercial Property.

Definitions for purposes of Part V.

29.—(1) In this Part of this Act—

“licence” means a licence granted by or on behalf of the owner, or prospective owner, of the copyright in a literary, dramatic or musical work, or in a sound recording or a television broadcast, being—

(a) in the case of a literary, dramatic or musical work, a licence to perform in public, or to broadcast, or to record for the purpose of broadcasting, the work or an adaptation thereof, or to cause the work or an adaptation thereof to be transmitted to subscribers to a diffusion service;

(b) in the case of a sound recording, a licence to cause it to be heard in public, or to broadcast it, or to transmit it to subscribers to a diffusion service;

(c) in the case of a television broadcast, a licence to cause it, in so far as it consists of visual images, to be seen in public and, in so far as it consists of sounds, to be heard in public.

(2) In this Part of this Act “licensing body”—

(a) in relation to such licences as are mentioned in paragraph (a) of the preceding subsection of this section, means a society or other organisation which has as its main object, or one of its main objects, the negotiation or granting of such licences, either as owner or prospective owner of copyright or as agent for the owners or prospective owners thereof;

(b) in relation to such licences as are mentioned in paragraph (b) of the preceding subsection of this section means any owner or prospective owner of copyright in sound recordings, or any person or body of persons acting as agent for any owners or prospective owners of copyright in relation to the negotiation or granting of such licences; and

(c) in relation to such licences as are mentioned in paragraph (c) of the precedng subsection of this section, means Radio Éireann or any organisation appointed by Radio Éireann for the purposes of negotiating or granting licences in respect of the copyright in television broadcasts in so far as the copyright relates to the acts specified in paragraph (c) of subsection (5) of section 19 of this Act.

(3) Paragraph (a) of subsection (2) of this section shall not apply to an organisation by reason that its objects include the negotiation or granting of individual licences, each relating to a single work or the works of a single author, if they do not include the negotiation or granting of general licences, each extending to the works of several authors.

(4) In this Part of this Act “licence scheme”, in relation to licences of any description, means a scheme made by one or more licensing bodies, setting out the classes of cases in which they, or the persons on whose behalf they act, are willing to grant licences of that description, and the charges (if any), and the terms and conditions, subject to which licences would be granted in those classes of cases; and in this subsection “scheme” includes anything in the nature of a scheme, whether described therein as a scheme or a tariff or by any other name.

(5) In this Part of this Act—

(a) references to terms and conditions are references to terms and conditions other than those relating to the amount of a charge for a licence; and

(b) references to giving an opportunity to a person of presenting his case are references to giving him an opportunity, at his option, of submitting representations in writing, or of being heard, or of submitting representations in writing and being heard.