Page:Copyright Act 1978 from Government Gazette.djvu/9

GOVERNMENT GAZETTE, 30 JUNE 1978

Rh

causing the film to be transmitted in a diffusion service, unless such service transmits a lawful television broadcast, including the film, and is the original broadcast;

making an adaptation of the film;

doing, in relation to an adaptation of the film, any of the acts specified in relation to the film in paragraphs (a) to (d) inclusive.

(2) The authorization to use a work, other than a musical work, for the making of a cinematograph film, or the contribution of a work to such making, shall, in the absence of agreement to the contrary, include the right to broadcast such film.

9. Copyright in a sound recording or any substantial part thereof vests the exclusive right to do or to authorize the doing of any of the following acts in the Republic:

Making, directly or indirectly, a record embodying the sound recording;

importing and distributing, directly or indirectly, records embodying the sound recording to the general public or any section thereof.

10. Copyright in a broadcast or any substantial part thereof vests the exclusive right to do or to authorize the doing of any of the following acts in the Republic:

Reproducing, directly or indirectly, the broadcast in any manner or form, including, in the case of a television broadcast, making a still photograph of an individual image;

rebroadcasting the broadcast;

causing the broadcast to be transmitted in a diffusion service, unless such service is operated by the original broadcaster.

11. Copyright in programme-carrying signals vests the exclusive right to undertake, or to authorize, the direct or indirect distribution of such signals by any distributor to the general public or any section thereof in the Republic, or from the Republic.

12. (1) Copyright shall not be infringed if a literary or musical work is used solely, and then only to the extent reasonably necessary―

for the purposes of research or private study by, or the personal or private use of, the person using the work;

for the purposes of criticism or review of that work or of another work; or

for the purpose of reporting current events―

in a newspaper, magazine or similar periodical; or

by means of broadcasting or in a cinematograph film:

Provided that, subject to the provisions of section 13, the expression “used” shall not be construed as authorizing the making of a copy of the whole or a substantial part of the work in question: Provided further, in the case of paragraphs (b) and (c) (i), that the source shall be mentioned, as well as the name of the author if it appears on the work.

(2) The copyright in a literary or musical work shall not be infringed by using the work for the purposes of judicial proceedings or by reproducing it for the purposes of a report of judicial proceedings.

(3) The copyright in a literary or musical work which is lawfully available to the public shall not be infringed by any quotation therefrom, including any quotation from articles in newspapers or periodicals that are in the form of summaries of any such work: Provided that the quotation shall be compatible