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10 1963

COPYRIGHT ACT, 1963

PART VI.

Application of Act to other Countries.

Power to extend benefit of Act to other countries.

43. —(1) The Government may by order make provision for applying any of the provisions of this Act specified in the order for the benefit of another country, in any one or more of the following ways, so as to secure that those provisions—

(a) apply in relation to literary, dramatic, musical or artistic works, sound recordings, cinematographic films or editions first published in that country as they apply in relation to literary, dramatic, musical or artistic works, sound recordings, cinematographic films or editions first published in the State;

(b) apply in relation to persons who, at a material time, are citizens or subjects of that country as they apply in relation to persons who, at such a time are Irish citizens;

(c) apply in relation to persons who, at a material time, are domiciled or resident in that country as they apply in relation to persons who, at such a time, are domiciled or resident in the State;

(d) apply in relation to bodies incorporated under the laws of that country as they apply in relation to bodies incorporated under the laws of the State;

(e) apply in relation to television broadcasts and sound broadcasts made from places in that country by one or more organisations constituted in or under the laws of that country as they apply in relation to television broadcasts or sound broadcasts made from places in the State by Radio Éireann.

(2) An order under this section may—

(a) apply the provisions in question as mentioned in the preceding subsection, but subject to exceptions or modifications specified in the order;

(b) direct that the provisions in question shall so apply either generally or in relation to such classes of works or other subject matters or classes of cases as may be specified in the order.

(3) The Government shall not make an order under this section applying any of the provisions of this Act in respect of any country which is not a party to a Convention relating to copyright to which the State is also a party, unless the Government is satisfied that, in respect of the class of works or other subject matter to which those provisions relate, provision has been or will be made under the laws of that country whereby adequate protection will be given to owners of copyright under this Act.

(4) The Government may by order revoke or amend an order under this section including an order under this subsection.

Copyright in publications of certain international organisations.

44. —(1) This section applies to the following organisations, namely, the United Nations and the organs thereof, and the specialised agencies in relationship therewith, the Organisation of American States and any other international organisation specified in an order made under subsection (6) of this section.

(2) Where a work which is an original literary, dramatic, musical or artistic work or a sound recording or cinematograph film is made by or under the direction or control of an organisation to which this section applies in such circumstances that—

(a) copyright would not subsist in the work apart from this subsection, but

(b) if the author or maker of the work had been an Irish citizen at the time when it was made, copyright would have subsisted in the work immediately after it was made and would thereupon have vested in the organisation,

copyright shall subsist in the work as if the author or maker had been an Irish citizen when it was made, that copyright shall continue to subsist so long as the work remains unpublished, and the organisation shall, subject to the provisions of this Act, be entitled to that copyright.

(3) Where a work which is an original literary, dramatic, musical or artistic work or a sound recording or cinematograph film is first published by or under the direction or control of an organisation to which this section applies in such circumstances that, apart from this subsection, copyright does not subsist in the work immediately after the first publication thereof, and either—

(a) the work is so published in pursuance of an agreement with the author or maker which does not reserve to the author or maker the copyright (if any) in the work, or

(b) the work was made in such circumstances that, if it had been first published within the State, the organisation would have been entitled to the copyright in the work,

copyright shall subsist in the work (or, if copyright in the work subsisted immediately before its first publication, shall continue to subsist) as if it had been first published within the State, that copyright shall subsist until the end of the period of fifty years from the end of the year in which they were first published and the organisation shall, subject to the provisions of this Act, be entitled to that copyright.

(4) The provisions of Parts II and III of this Act with the exception of those relating to the subsistence, duration or ownership of copyright, shall apply in relation to copyright subsisting by virtue of this section as they apply in relation to copyright subsisting by virtue of the said provisions.

(5) An organisation to which this section applies which otherwise has not, or at some material time otherwise had not, the legal capacities of a body corporate shall have, and shall be deemed at all material times to have had, the legal capacities of a body corporate for the purpose of holding, dealing with and enforcing copyright and in connection with all legal proceedings relating to copyright.

(6) The Government may, if it thinks fit, by order direct that the provisions of subsections (2), (3), (4) and (5) of this section shall apply to such international organisations as may be specified in the order.

(7) The Government may by order revoke or amend an order under this section including an order under this subsection.

Extended application of provisions relating to broadcasts.

45. —(1) The Government may by order provide that, subject to such exceptions and modifications (if any) as may be specified in the order, such provisions of this Act relating to television broadcasts or to sound broadcasts as may be so specified shall apply in relation to the operation of wireless telegraphy apparatus by way of the emission (as opposed to reception) of electro-magnetic energy—

(a) by such persons or classes of persons, other than Radio Éireann, as may be specified in the order, and

(b) for such purposes (whether involving broadcasting or not) as may be so specified,

as they apply in relation to television broadcasts, or, as the case may be, to sound broadcasts made by Radio Éireann.

(2) The Government may by order revoke or amend an order under this section including an order under this subsection.

Denial of copyright to citizens of countries not giving adequate protection to Irish works.

46. —(1) If it appears to the Government that the laws of a country fail to give adequate protection to Irish works to which this section applies, or fail to give such protection in the case of one or more classes of such works (whether the lack of protection relates to the nature of the work or the country of its author or both), the Government may make an order designating that country and making such provision in relation thereto as is mentioned in the following provisions of this section.

(2) An order under this section shall provide that, either generally or in such classes of cases as are specified in the order, copyright under this Act shall not subsist in works to which this section applies which were first published after a date specified in the order, if at the time of their first publication the authors thereof were—

(a) citizens or subjects of the country designated by the order, not being at that time persons domiciled or resident in the State, or

(b) bodies incorporated under the laws of the country designated by the order.

(3) In making an order under this section the Government shall have regard to the nature and extent of the lack of protection for Irish works in consequence of which the order is made.

(4) This section applies to the following works, that is to say, literary, dramatic, musical and artistic works, sound recordings and cinematograph films.

(5) The Government may by order revoke or amend an order under this section including an order under this subsection.

(6) In this section—

Irish work” means a work of which the author, at the time when the work was made, was a qualified person for the purposes of the relevant provision of this Act;

author”, in relation to a sound recording or a cinematograph film, means the maker of the recording or film;

the relevant provision of this Act”, in relation to literary, dramatic and musical works means section 8, in relation to artistic works means section 9, in relation to sound recordings means section 17, and in relation to cinematograph films means section 18 of this Act.