Broadcasting Act 2009


Access to archives.

111.— (1) A corporation shall make reasonable arrangements, itself or with such person or persons as it chooses, for public access to an archive or library established or maintained in pursuance of section 114(1)(e) or section 118(1)(e) with or without charge, such charge not to exceed the estimated cost of the search for and retrieval of items contained in the archive or library.

(2) Arrangements made under subsection (1) shall not encompass the copying or reuse of material contained in an archive or library.

(3) A corporation may enter into an arrangement with a public service broadcaster for the reuse with or without charge by the public service broadcaster, in pursuance of its public service objects and functions under this Part, of items contained in any archive or library maintained by the corporation, such charge not to exceed the estimated cost of the search and retrieval of such items.

(4) A corporation shall prepare and submit to the Minister for his or her approval, following consultation with the Authority, a scheme for the licensing of the use and exploitation by third parties of sound and television recordings over which the corporation holds copyright and related rights.

(5) A scheme shall provide separate terms and conditions of licencing for—

(a) non-commercial bona fide educational and research purposes,

(b) commercial purposes, and

(c) other purposes.

(6) Without prejudice to the generality of subsection (4) a corporation may—

(a) specify more favourable charges, terms and conditions in respect of programme material used for the purpose of Irish language broadcasts, and

(b) attach to a scheme such particular terms or conditions as it considers appropriate.

(7) Any amendment or revocation of a scheme shall be submitted by the corporation to the Minister for his or her approval.

(8) A scheme shall, if approved of by the Minister, be—

(a) published (including publication on a website maintained by the corporation), and

(b) carried out in accordance with its terms,

by the corporation.

(9) The Minister shall cause a scheme approved under subsection (4) to be laid before each House of the Oireachtas as soon as practicable after it is made.

(10) The corporation shall ensure that provision is made for resolving disputes arising in respect of the operation of a scheme (by independent arbitration or otherwise) in a manner that appears to the Minister to be appropriate.

(11) The Compliance Committee shall, at the direction of the Minister, report to the Minister on compliance by the corporation with this section.

(12) In this section “scheme” means a scheme prepared and submitted to the Minister under subsection (4).