John Halligan (Waterford, Independent) | Oireachtas source

Section 4 of the Bill amends section 2(1) of the Copyright and Related Rights Act 2000, which provides for the amendment of certain existing definitions and the inclusion of new definitions that are required for changes made elsewhere in the Bill. The definition of "broadcast" has been amended to provide for the repeal of section 183(a) of the Broadcasting Act 2009 with the intention of replacing the definition of "broadcast" with a technically neutral and future-proofed definition. Two new definitions linked to the definition of "broadcast" are also included in section 4 of the Bill, namely the definitions for "electronic transmission" and "specific transmission through the Internet.

Following engagement with stakeholders since the publication of the Bill and during its progress through the House, issues regarding the amended definition of "broadcast" and related definitions have been identified.It transpires that the new definition of "broadcast" is too broad a scope and could, potentially, be interpreted to mean that any Internet transmissions, including sound recordings, could now be regarded as a broadcast. This could of course impact on the sound recording producers exclusive right of making a work available. I think that is very important.

It was never the Department's intention that the amended definition of "broadcast" would cover sound recordings, therefore it is necessary to make some technical amendments to the definition of "electric transmission" to clarify that sound recordings are not covered and to ensure that the rightholder's rights are protected.

A separate declaration to provide further clarity of the Government's intentions on this issue is proposed to be inserted in section 5 of the Bill and this explicitly states that the definition of "broadcast" will not prejudice the exclusive making available right provided for in the Copyright and Related Rights Act 2000 and this declaration is listed as amendment No. 2 on the numbered list.