I move that the Bill be now read a Second Time.
An International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations was concluded at Rome in October, 1961. The Convention was drafted under the auspices of the United Nations Educational, Scientific and Cultural Organisation, the International Labour Office and the Bureau of the International Union for the Protection of Literary and Artistic Works. It was open for signature until 30th June, 1962, by which date it was signed by 36 countries, including Ireland. In accordance with the provisions of Article 25 the Convention entered into force on 18th May, 1964, following ratification by six countries, one of which was Britain.
The requirements of the Convention, in so far as they relate to Producers of Phonograms and Broadcasting Organisations, will be met by the provisions of the Copyright Act, 1963, which came into operation on 1st October, 1964. The Convention cannot be ratified until legislation is enacted to meet its requirements in relation to the protection of performers.
Article 4 of the Convention requires that national treatment shall be granted to performers whose performance takes place in another contracting State or is incorporated in a phonogram or a broadcast which would be the subject of protection under the Copyright Act. "National treatment" as defined in the Convention would be the treatment accorded by our domestic law to performers who are Irish nationals as regards performances taking place, broadcast, or first fixed on Irish territory. The Convention, at Article 7, sets out certain acts in relation to performances and requires that the protection to be given to performers shall include the possibility of preventing those acts. It is not proposed to create a property right in a performance, in the nature of a copyright, which a performer could enforce by civil action or which he might assign to any group such as a performers' union for enforcement. The proposals provide for protection of performers by making it a penal offence to do certain acts in relation to performances. It will, for instance, be an offence, punishable by fine on summary conviction, to make a record or a film of a performance, to sell or hire such a record or film or to use it for the purpose of giving a public performance without the consent of the performer. The necessary provisions are contained in sections 2, 3 and 4 of the Bill. These will meet the requirements of Article 7 of the Constitution.
Article 12 of the Convention provides that where commercial records are used for broadcasting purposes or for public performance, the user shall make a payment to the performers or the producers of the records or both. Under the provisions of the Copyright Act, 1963, payment is required to be made to the owners of copyright in records, that is to the recording companies, when their records are broadcast or used for public performance. It is understood that, under an agreement made between the recording companies and the various performers' unions, a percentage of the money which the companies receive for this use of their records is paid over to the performers' unions for the benefit of their members. The proposals in the Bill will not interfere with this arrangement.
It is also proposed to take powers to make an Order or Orders extending the protection of performers to records and films made in countries of the Convention, under circumstances which would be in contravention of the Act if they were made in the State.
The initiation of proceedings under the Act will be the responsibility of the person aggrieved.
I recommend the Bill for the approval of the House.