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. 13

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