Video Recordings Act, 1989

Exempted supplies.

2.—(1) In this Act “exempted supply” means a supply of a video recording—

(a) that is neither a supply for reward nor a supply in the course or furtherance of a business, or

(b) by a person to another person (including a person acting on behalf of that other person) who, in the course of a business, makes video works or supplies video recordings, being a supply—

(i) that is not made with a view to any further supply of the recording, or

(ii) if it is so made, that is not made with a view to the eventual supply of the recording to the public or is made with a view to its eventual supply to the first-mentioned person,

or

(c) where the recording contains a video work designed to provide a record of an event or occasion for those who took part in the event or occasion or are connected with those who did so and the work does not fall within a description specified in paragraph (a) or (b) of section 3 (1) of this Act, and the supply is to a person aforesaid, or

(d) that is a supply for the purpose only of enabling the video work concerned to be exhibited in public in accordance with a certificate under the Censorship of Films Acts, 1923 to 1970, or

(e) that is a supply with a view only to its use for or in connection with a service under the Broadcasting Authority Acts, 1960 to 1979, or a service provided pursuant to a licence under the Wireless Telegraphy Acts, 1926 to 1988, or

(f) that is a supply for the purpose only of submitting the video work concerned to the Official Censor in connection with an application for a supply certificate in respect of the work or for the purpose only of an appeal to the Appeal Board under section 10 of this Act, or

(g) that is a supply with a view only to its use—

(i) in training for or carrying on an occupation for the carrying on of which a person is required to be registered under the Medical Practitioners Act, 1978 , or the Nurses Act, 1985 , or

(ii) for the purpose of services provided in pursuance of the Health Acts, 1947 to 1987,

or

(h) that is a supply otherwise than for reward and is made for the purpose only of supplying the recording to a person who previously made an exempted supply of it.

(2) Where on any premises facilities for supplying video recordings are provided in the course or furtherance of a business, the supply by a person of a video recording on those premises is, for the purposes of subsection (1) (a) of this section, a supply in the course or furtherance of a business.

(3) For the purposes of subsection (1) (b) of this section, a supply is a supply to the public unless it is—

(a) a supply to a person who, in the course of a business, makes video works or supplies video recordings,

(b) an exempted supply by virtue of paragraph (a), (c), (d), (e), (f) or (g) of subsection (1) of this section, or

(c) a supply outside the State.