Performers' Protection Act, 1968
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Prohibition of making records without consent of performers. |
2.—(1) Subject to the provisions of this Act, if a person knowingly— | |
(a) makes a record, directly or indirectly from or by means of a performance without the consent in writing of the performers, or | ||
(b) sells or lets for hire, or distributes for the purposes of trade, or by way of trade exposes or offers for sale or hire, a record made or deemed to have been made in contravention of this Act, or | ||
(c) uses for the purposes of a broadcast or communication to the public such a record, | ||
he shall be guilty of an offence, and shall be liable, on summary conviction, to a fine not exceeding five pounds for each record in respect of which an offence is proved, but not exceeding one hundred pounds in respect of any one transaction or on conviction on indictment to a fine not exceeding two thousand pounds. | ||
(2) Where a person is charged with an offence under subsection (1) (a) of this section, it shall be a defence to prove that the record to which the charge relates was made for his private and domestic use only. | ||
(3) The making of a record from or by means of a performance without the consent in writing of the performers shall not be a contravention of subsection (1) of this section if— | ||
(a) the record was made by Radio Telefís Éireann by means of its own facilities, the performers had consented in writing to the broadcasting of the performance by Radio Telefís Éireann and the record, or a reproduction thereof, was not used by Radio Telefís Éireann for any purpose other than such broadcasting, or | ||
(b) the record was— | ||
(i) a reproduction of a performance incorporated in a record made with the consent of the performers and the reproduction was not made for a purpose different from those for which that consent was given, or | ||
(ii) a reproduction of a performance incorporated in a record made for the purpose of reporting current events and the reproduction was not made for a different purpose, or | ||
(iii) a reproduction of a performance incorporated in a record by way of background, or otherwise as incidental to the principal matters comprised or represented in the record, and the reproduction was not made for a different purpose. | ||
(4) Where Radio Telefís Éireann makes a record (other than a record of the kind referred to in subsection (3) (b) of this section) directly or indirectly by means of its own facilities of a performance without the consent in writing of the performers, but the performance is one to the broadcasting of which the performers had consented in writing, Radio Telefís Éireann shall, not more than six months after the date on which the making of the record was completed or such longer period (if any) as may be agreed upon by Radio Telefís Éireann and the performers, destroy the record and any reproductions of it, and, if Radio Telefís Éireann contravenes the provisions of this subsection, it shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds. | ||
(5) (a) Subsection (4) of this section shall not apply in relation to a record of a performance which is of an exceptional documentary character, but such a record shall not be used for broadcasting or for any other purpose without the consent of the performers and section 12 (9) of the Copyright Act, 1963 , shall apply in relation thereto as if it were a reproduction of a work made under subsection (7) of that section which is of an exceptional documentary character. | ||
(b) A person who contravenes paragraph (a) of this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds and, on conviction on indictment, to a fine not exceeding two thousand pounds. |