Copyright Act, 2005
Act 690
(6) Theprovisions of thissection aresubject totheinterest ofthe publisher,
authoror therelevant collectiveadministration society.
Permitted use of work or publication of portrait in public interest events
22. (1) The accidental or incidentalinclusionof a work in the reporting of a
newsbroadcast of fresh eventsor ofnewinformation is notaninfringement of the
rightsof the authorin thework.
(2) The publication of theportraitof a person is notan infringement ofthe
rights of the author or other person having an interest in the portrait where the
publication is relatedto scientific, educational orcultural purposes in general orto
factsoreventsof public interestor eventsthathaveoccurredin public.
Ephemeral recordings
23. (1) Wherea workisbroadcast, thebroadcaster maymakearecording ofthe
broadcast withthebroadcaster's ownfacility andmayproduce copies oftherecord
ingfor the broadcasters own use.
(2) Subjecttosubsection (3)ofthissection, thecopies oftherecording shall
be destroyed by the broadcaster within six months after the date on which the
recording was made.
(3) An authorised recording undersubsection (1)ofthissectionofexcep
tionaldocumentary charactermay be preservedfor presentation to the National
Archives.
(4) The preservation of an authorised recording for presentation to the
National Archives does not affect the rights of the author in the work that was
broadcast.
(5) Whether a recording of a broadcast is of exceptional documentary
characteris a question of factto be determined bythebroadcaster aftertakinginto
consideration the circumstances of the case and in particular the need for the
enhancement of thehistorical andcultural aspects oflifein thecountry.
Copies of Sound Recordings, Mechanical Reproduction Rights of
Composers
Production ofcopies ofsound recordings
24. (1) Amanufacturer, producerorproduction company ofsound recordings may
makecopiesof anymusicalworkor a similaradaptation, if copies of themusical
work or a similar adaptationof them have previously been made in or imported
into the Republic for thepurposeof retailsale andthe copieswere made withthe
licence of or imported by the owner of the copyright or authorised collective
administration society.
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