نسخة موحدة غير رسمية من قانون حق المؤلف والحقوق المجاورة لعام 2000 (بصيغته المعدلة), إيرلندا, WIPO Lex

النصوص الرئيسية

بالإنكليزية Unofficial Consolidated Version of Copyright and Related Rights Act, 2000 (as amended)

Copyright and Related Rights Act, 2000

(as amended)

Amended by:

COPYRIGHT AND OTHER

INTELLECTUAL PROPERTY LAW

PROVISIONS ACT 2019

EUROPEAN UNION (COLLECTIVE

RIGHTS MANAGEMENT) (DIRECTIVE

2014/26/EU) REGULATIONS 2016

EUROPEAN UNION (CERTAIN

PERMITTED USES OF ORPHAN WORKS)

REGULATIONS 2014

EUROPEAN UNION (TERM OF

PROTECTION OF COPYRIGHT AND

CERTAIN RELATED RIGHTS)

(DIRECTIVE2011/77/EU) REGULATIONS

2013

EUROPEAN UNION (COPYRIGHT AND

RELATED RIGHTS) REGULATIONS 2012

ARBITRATION ACT 2010

BROADCASTING ACT 2009

COPYRIGHT AND RELATED RIGHTS

(AMENDMENT) ACT 2007

PATENTS AMENDMENT ACT 2006

EUROPEAN COMMUNITIES

(ENFORCEMENT OF INTELLECTUAL

PROPERTY RIGHTS) REGULATIONS 2006

SEA-FISHERIES AND MARITIME

JURISDICTION ACT 2006

EUROPEAN COMMUNITIES (COPYRIGHT

AND RELATED RIGHTS) REGULATIONS

2004

COPYRIGHT AND RELATED RIGHTS

(AMENDMENT)

ACT 2004

INDUSTRIAL DESIGNS ACT, 2001.

DELETED OR REPEALED

Changes tracked, colour coded.

Note to users:

This is an unofficial consolidation of the Copyright Act

2000 and amendments up to and including the 2nd

December 2019 and is produced here as a reference

document only. This document has no legal force.

occasions since it was enacted on the 1 January 2001,

but the amending laws have not been officially

consolidated into a single text. Whilst every effort has

been made to ensure the accuracy of the

information/material contained on this document, the

State, the Department of Business, Enterprise and

Innovation, its servants or agents assume no

responsibility for and give no guarantees, undertakings

or warranties concerning the accuracy, completeness or

up to date nature of the information provided and do

not accept any liability whatsoever arising nor for any

errors or omissions in this document.

Number 28 of 2000

COPYRIGHT AND RELATED RIGHTS ACT, 2000

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation. (Amended by the Broadcasting Act 2009) (Amended by the

European Union (Copyright and Related Rights) Regulations 2004)

(Amended by the Copyright and Other Intellectual Property Law Provisions

Act 2019)

2A. Provisions supplementary to definition of “broadcast”

(Inserted by the Copyright and Other Intellectual Property Law Provisions

Act 2019)

3. Construction of references to rightsowner.

4. Construction of references to copyright.

5. Encrypted broadcasts.

6. Making and protection of broadcasts.

7. Regulations and orders.

8. Laying of regulations and orders. (Amended by the Copyright and Related

Rights (Amendment) Act 2007)

9. Expenses. (Amended by the Copyright and Related Rights (Amendment)

Act 2007)

10. Transitional provisions and repeals.

11. Prosecution of offences.

12. Offences by bodies corporate.

13. Offences by members of partnership.

14. Service of notices. (Amended by the Copyright and Other Intellectual

Property Law Provisions Act 2019)

15. Fees.

16. Jurisdiction of Courts.

16A. Circuit Court. (Inserted by the Copyright and Other Intellectual Property

Law Provisions Act 2019)

16B. District Court. (Inserted by the Copyright and Other Intellectual Property Law

Provisions Act 2019)

PART II

Chapter 1

Subsistence of Copyright

17. Copyright and copyright works.

18. Copyright in literary, dramatic or musical works and original databases.

19. Copyright in sound recordings.

20. Exclusion of copyright in retransmission.

Chapter 2

Authorship and Ownership of Copyright

21. Interpretation of author. (Amended by the Copyright and Other Intellectual

Property Law Provisions Act 2019)

22. Works of joint authorship.

23. First ownership of copyright.

Chapter 3

Duration of Copyright

24. Duration of copyright in a literary, dramatic, musical or artistic work or an

original database. (Amended by the European Union (Term of Protection of

Copyright and Related Rights) (Directive 2011/77/EU) Regulations 2013)

(Amended by the Copyright and Other Intellectual Property Law Provisions

Act 2019)

24A Transitional provisions relating to section 24(1A) (Inserted by the European

Union (Term of Protection of Copyright and Related Rights) (Directive

2011/77/EU) Regulations 2013)

25. Duration of copyright in films.

26. Duration of copyright in sound recordings. (Amended by the European Union

(Term of Protection of Copyright and Related Rights) (Directive 2011/77/EU)

Regulations 2013)

27. Duration of copyright in broadcasts.

28. Duration of copyright in cable programmes.

29. Duration of copyright in typographical arrangements.

30. Duration of copyright in computer-generated works.

31. Duration of copyright in works in volumes, parts, etc.

31A. Duration of copyright in relation to registered design. (Inserted by the Industrial

Designs Act, 2001) (Repealed by the Copyright and Other Intellectual Property

Law Provisions Act 2019)

31B. Transitional provision for section 31A. (Inserted by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

32. Miscellaneous matters in relation to duration.

33. Expiry of copyright.

34. Making available of a work not previously made available. (Amended by the

Copyright and Other Intellectual Property Law Provisions Act 2019)

34A. Presumption relevant to section 34. (Inserted by the European Communities

(Enforcement of Intellectual Property Rights) Regulations 2006)

35. Calculation of term of copyright.

36. Non-application of certain provisions on duration to Government copyright, etc.

Chapter 4

Rights of Copyright Owner

37. Acts restricted by copyright in a work. (Amended by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

38. Playing of sound recordings — licenses of right.

39. Reproduction right.

40. Making available right. (Amended by the Copyright and Related Rights

(Amendment) Act 2004) (Amended by the Copyright and Related Rights

(Amendment) Act 2007) (Amended by the European Union (Copyright and

Related Rights) Regulations 2012)

41. Distribution right.

42. Rental and lending right. (Amended by the Copyright and Related Rights

(Amendment) Act 2007)

42A Public Lending Remuneration Scheme. (Inserted by the Copyright and Related

Rights (Amendment) Act 2007)

43. Infringement by adaptation of works.

Chapter 5

Secondary Infringement of Copyright

44. Interpretation of infringing copy.

45. Secondary infringement: dealing with infringing copy.

46. Secondary infringement: providing means for making infringing copies.

47. Secondary infringement: permitting use of premises for infringing performances.

48. Secondary infringement: permitting use of apparatus for infringing performances.

Chapter 6

Acts Permitted in Relation to Works Protected by Copyright

49. Exemptions in respect of copyright works.

50. Fair dealing: research or private study. (Amended by the European Union

(Copyright and Related Rights) Regulations 2004)

51. Fair dealing: criticism or review. (Amended by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

52. Incidental inclusion of copyright material. (Amended by the Copyright and

Other Intellectual Property Law Provisions Act 2019)

Education

53. Acts done for purposes of instruction or examination. (Amended by the

Copyright and Other Intellectual Property Law Provisions Act 2019)

53A. Text and data mining for non-commercial research. (Inserted by the Copyright

and Other Intellectual Property Law Provisions Act 2019)

54. Anthologies for educational use.

55. Performing, playing or showing work in course of activities of educational

establishment. (Amended by the Copyright and Other Intellectual Property

Law Provisions Act 2019)

56. Recording by educational establishments of broadcasts and cable programmes.

57. Reprographic copying by educational establishments of certain works.

(Amended by the Copyright and Other Intellectual Property Law Provisions

Act 2019)

57A. Distance learning provided by educational establishment. (Inserted by the

Copyright and Other Intellectual Property Law Provisions Act 2019)

57B. Use by educational establishment of work available through Internet. (Inserted

by the Copyright and Other Intellectual Property Law Provisions Act 2019)

57C. Licensing schemes for educational establishments. (Inserted by the Copyright

and Other Intellectual Property Law Provisions Act 2019)

58. Copyright not infringed by lending Copyright not infringed by lending by

educational establishments. (Amended by the Copyright and Related Rights

(Amendment) Act 2007)

Libraries and Archives

59. Regulations relating to copying by libraries and archives. (Amended by the

Copyright and Other Intellectual Property Law Provisions Act 2019)

60. Libraries and archives: declarations.

61. Copying by librarians or archivists: articles in periodicals. (Amended by the

Copyright and Other Intellectual Property Law Provisions Act 2019)

62. Copying by librarians or archivists: parts of works lawfully made available to

public. (Amended by the Copyright and Other Intellectual Property Law

Provisions Act 2019)

63. Multiple copying. (Amended by the Copyright and Other Intellectual Property

Law Provisions Act 2019)

64. Copying by librarians or archivists: supply of copies to other libraries and

archives.

65. Copying by librarians or archivists: replacement copies of works.

66. Copying by librarians or archivists for certain purposes. (Amended by the

Copyright and Other Intellectual Property Law Provisions Act 2019)

67. Copying by librarians or archivists: certain works not lawfully made available

to public. (Amended by the Copyright and Other Intellectual Property Law

Provisions Act 2019)

68. Copy of work required to be made as condition of export.

68A. Format shifting by librarians or archivists. (Inserted by the Copyright and

Other Intellectual Property Law Provisions Act 2019)

69. Copying by librarians or archivists: exemptions. (Repealed by the Copyright

and Related Rights (Amendment) Act 2007)

69A. Fair dealing by librarians and archivists. (Inserted by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

70. Copying by librarians or archivists: infringing copy. (Amended by the

Copyright and Other Intellectual Property Law Provisions Act 2019)

70A. Orphan Works (Inserted by the European Union (Certain Permitted Uses of Orphan Works) Regulations 2014 )

Public Administration

71. Parliamentary and judicial proceedings.

72. Statutory inquiries.

73. Copying of material in public records.

74. Material open to public inspection or on statutory register.

75. Works communicated to Government or Oireachtas.

76. Acts done under statutory authority.

77. Savings.

Designs

78. Acts done in reliance on registration of design. (Amended by the Industrial

Designs Act, 2001)

78A. Design - documents and models. (Inserted by the Industrial Designs Act, 2001)

78B. Effect of exploitation of design derived from artistic work. (Inserted by the

Industrial Designs Act, 2001) (Repealed by the Copyright and Other Intellectual Property Law Provisions Act 2019)

78C. Transitional provisions for section 78B. (Amended by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

79. Exception from protection of copyright in certain works. (Amended by the

Industrial Designs Act, 2001)

Computer Programs

80. Back-up copies of computer programs.

81. Lawful copies of computer programs.

82. Exceptions to infringement of copyright in computer programs.

Original Database

83. Access to or use of original database.

Typefaces

84. Use of typefaces: printing.

85. Articles for producing materials in particular typefaces. (Amended by the

Industrial Designs Act, 2001)

Works in Electronic Form

86. Transfer of copies of work in electronic form.

Miscellaneous Matters Relating to Copyright

87. Transient and incidental copies Temporary acts of reproduction. (Amended by

the European Union (Copyright and Related Rights) Regulations 2004)

88. Anonymous or pseudonymous works: acts permitted.

89. Use of notes or recordings of spoken words in certain cases. (Amended by the

Copyright and Other Intellectual Property Law Provisions Act 2019)

90. Public reading or recitation of works.

91. Abstracts of scientific or technical articles.

92. Fixations of performances of works of folklore. (Amended by the Copyright

and Other Intellectual Property Law Provisions Act 2019)

93. Representation of certain artistic works on public display.

94. Advertising sale of artistic work. (Amended by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

95. Making of subsequent works by same artist.

96. Reconstruction of buildings.

97. Playing or showing of sound recordings, broadcasts and cable programmes in

certain premises.

98. Playing of sound recordings for clubs, societies, etc.

99. Copying for purpose of broadcast or cable programme. (Amended by the

Copyright and Other Intellectual Property Law Provisions Act 2019)

100. Recording for purposes of supervision and control of broadcasts and cable

programmes.

101. Recording for purposes of time-shifting.

102. Photographs of television broadcasts or cable programmes.

103. Reception and retransmission of broadcasts in cable programme services.

103A. Definitions - sections 103A to 104B. (Inserted by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

104. Provision of modified works. (Amended by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

104A. Circumstances in which section 104 shall not apply. (Inserted by the

Copyright and Other Intellectual Property Law Provisions Act 2019)

104B Electronic form of relevant work. (Inserted by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

105. Recording for archival purposes.

106. Adaptation of a work.

Chapter 7

Copyright: Moral Rights

107. Paternity right.

108. Exceptions to paternity right.

109. Integrity right.

110. Exceptions to integrity right.

111. Qualification of integrity right in certain cases.

112. Secondary infringement of integrity right: possessing or dealing.

113. False attribution of work.

114. Right to privacy in photographs and films.

115. Duration of moral rights.

116. Waiver of rights.

117. Application of certain provisions to works of joint authorship and joint

ownership.

118. Moral rights not assignable or alienable.

119. Transmission of moral rights on death.

Chapter 8

Dealings with Rights in Copyright Works

120. Assignment and licences.

121. Prospective ownership of copyright.

122. Exclusive licences.

123. Copyright to pass under will with certain original fixations.

124. Presumption of transfer of rental right in case of film production agreement.

125. Right to equitable remuneration where rental right transferred.

126. Equitable remuneration: reference of determination of amount to Controller.

Chapter 9

Remedies: Copyright Owner

127. Infringement actionable by copyright owner.

128. Award of damages in infringement action.

129. Action in respect of construction of building.

130. Undertakings concerning licences of right.

131. Order for delivery up.

132. Application to District Court for seizure of infringing copies, articles or devices.

133. Right of copyright owner to seize infringing copies, articles or devices, etc.

134. Rights of owner of copyright in respect of infringing copy.

Chapter 10

Rights and Remedies: Exclusive Licensee

135. Rights and remedies of exclusive licensee.

136. Exercise of concurrent rights.

Chapter 11

Remedies: Moral Rights

137. Remedies for infringement of moral rights.

138. Action in respect of construction of building.

Chapter 12

Presumptions

139. Presumptions.

Chapter 13

Offences: Copyright

140. Offences. (Amended by the Copyright and Other Intellectual Property Law

Provisions Act 2019)

141. False claims of copyright. (Amended by the Copyright and Other Intellectual

Property Law Provisions Act 2019)

142. Order for delivery up in criminal proceedings.

143. Search warrants and seizure. (Amended by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

Chapter 14

Delivery up and Disposal

144. Period after which remedy for delivery up is not available.

145. Order as to disposal of infringing copy, article or device.

146. Amendment to section 23 of Trade Marks Act, 1996.

Chapter 15

Provision for Preventing Importation

147. Infringing copies, articles or devices may be treated as prohibited goods.

148. Power of Revenue Commissioners to make regulations.

Chapter 16

Copyright Licensing

149. Licensing schemes and licensing bodies.

References and Applications Relating to Licensing Schemes

150. General references.

151. Reference of proposed licensing scheme to Controller.

152. Reference of licensing scheme to Controller.

153. Further reference of scheme to Controller.

154. Application for grant of licence in connection with licensing scheme.

155. Review of orders made by Controller.

156. Effect of order of Controller as to licensing scheme.

References and Applications Relating to Licensing by Licensing Bodies

157. General references by licensing bodies.

158. Reference to Controller of proposed licence.

159. Reference to Controller of expiring licence.

160. Application for review of order made by Controller.

161. Effect of order of Controller as to licence.

Licensing: Miscellaneous

162. General considerations: unreasonable discrimination.

163. Licences for reprographic copying.

164. Licences to reflect payments in respect of underlying rights.

165. Licences to reflect conditions imposed by promoters of events.

166. Licences in respect of works included in retransmissions.

167. Implied indemnity in certain schemes and licences for reprographic copying.

168. Power to extend application of scheme or licence. (Amended by the Copyright and

Other Intellectual Property Law Provisions Act 2019)

169. Variation or discharge of order extending scheme or licence.

170. Appeals against orders.

171. Inquiry whether other provisions required. (Amended by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

172. Statutory licence where recommendation not implemented. (Amended by the

Copyright and Other Intellectual Property Law Provisions Act 2019)

173. Certification of licensing schemes. (Amended by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

Cable Retransmissions

174. Collective exercise of certain rights in relation to cable retransmissions.

Chapter 17

Registration of Copyright Licensing Bodies

175. Register of copyright licensing bodies. (Amended by the European Union

(Collective Rights Management) Regulations 2016)

176. Proof that licensing body may act on behalf of specified classes.

177. Notification of charges.

178. Validity of certificates of registration.

179. Refusal of application. (Amended by the European Union (Collective Rights

Management) Regulations 2016)

180. Indemnity for Controller.

181. Obligation of collecting societies to register (copyright). (Amended by the Copyright

and Other Intellectual Property Law Provisions Act 2019)

Chapter 18

Qualification for Copyright Protection

182. Qualification for copyright protection: general.

183. Qualification by reference to author.

184. Qualification for copyright protection: specific.

185. Territorial waters and Continental Shelf. (Amended by the Sea-Fisheries and

Maritime Jurisdiction Act 2006)

186. Qualification for copyright in broadcasts and cable programmes.

187. Prohibition on contravention of certain international obligations.

188. Extension of this Part by order.

189. Orders to be made for countries other than convention countries, etc.

190. Restriction of rights by order.

Chapter 19

Government and Oireachtas copyright

191. Government copyright.

192. Copyright in Acts, etc.

193. Houses of the Oireachtas: copyright.

194. Oireachtas copyright.

195. Houses of the Oireachtas: supplementary provisions with regard to copyright.

Chapter 20

International Organisations

196. Copyright vesting in certain international organisations.

Chapter 21

Anonymous Works

197. Works of folklore.

Chapter 22

Deposit of Certain Copyright Materials

198. Delivery of certain materials to libraries. (Amended by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

Chapter 23

Amendment of National Cultural Institutions Act, 1997, and Miscellaneous Repeals

199. Amendment of sections 65 and 66 of the National Cultural Institutions Act, 1997.

Chapter 24

Copyright: Legal Tender

200. Copyright in Irish legal tender notes, euro notes, consolidated bank notes and in Irish

and euro coins.

Chapter 25

Disposal of Certain Books

201. Disposal of books of King's Inns Library, Dublin.

PART III

Rights in Performances

Chapter 1

Performers' Rights

202. Interpretation.

203. Performers' rights: general.

204. Reproduction right of performer.

205. Making available to public copies of recordings of qualifying performances.

(Amended by the Copyright and Related Rights (Amendment) Act 2007) (Amended

by the European Union (Copyright and Related Rights) Regulations 2012)

206. Distribution right of performers.

207. Rental and lending right of performer. (Amended by the Copyright and Related

Rights (Amendment) Act 2007)

208. Right to equitable remuneration for exploitation of sound recording. (Amended by

the European Union (Term of Protection of Copyright and Related Rights)

(Directive 2011/77/EU) Regulations 2013)

Chapter 2

Infringement of Performers' Rights

209. Consent required for recording or live transmission of performance.

210. Meaning of illicit recording.

211. Presumptions.

211A. Presumption relevant to civil proceedings. (Inserted by the European

Communities (Enforcement of Intellectual Property Rights) Regulations 2006)

212. Secondary infringement: importing, possessing or dealing with illicit recordings.

213. Secondary infringement: providing means for making illicit recording.

214. Secondary infringement: permitting use of apparatus for infringing performances.

Chapter 3

Recording Rights

215. Interpretation.

216. Infringement of recording rights by copying.

217. Infringement of recording rights by use of illicit recording.

218. Secondary infringement: importing, possessing or dealing with illicit recording.

219. Secondary infringement: providing means for making illicit recordings.

Chapter 4

Acts Permitted in Relation to Performances

220. Exemptions in respect of performance.

221. Fair dealing with performances, etc. (Amended by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

222. Incidental use of performances.

Education

223. Copying of a performance for purpose of instruction, etc. (Amended by the

Copyright and Other Intellectual Property Law Provisions Act 2019)

224. Playing of sound recording, etc., at an educational establishment. (Amended by the

Copyright and Other Intellectual Property Law Provisions Act 2019)

225. Recording of broadcast, etc., on behalf of an educational establishment.

225A. Text and data mining for non-commercial research. (Inserted by the Copyright and

Other Intellectual Property Law Provisions Act 2019)

225B Illustration for education, teaching or scientific research. (Inserted by the

Copyright and Other Intellectual Property Law Provisions Act 2019)

225C. Distance learning provided by educational establishment. (Inserted by the

Copyright and Other Intellectual Property Law Provisions Act 2019)

225D. Use by educational establishment of recording of performance available through

the Internet. (Inserted by the Copyright and Other Intellectual Property Law

Provisions Act 2019)

226. Performer's rights not infringed by lending Performers’ rights not infringed by

lending by educational establishments. (Amended by the Copyright and Related

Rights (Amendment) Act 2007)

Libraries and Archives

227. Regulations relating to copying of recordings by libraries and archives.

228. Libraries and archives: declarations.

229. Copying by librarians or archivists: parts of recordings lawfully made available to

public. (Amended by the Copyright and Other Intellectual Property Law

Provisions Act 2019)

230. Multiple copying. (Amended by the Copyright and Other Intellectual Property

Law Provisions Act 2019)

231. Copying by librarians or archivists: supply of copies to other libraries and archives.

232. Copying by librarians or archivists: replacement copies of recordings of

performances.

233. Copying by librarians or archivists for certain purposes. (Amended by the

Copyright and Other Intellectual Property Law Provisions Act 2019)

234. Copying by librarians or archivists: certain recordings not lawfully made available

to public. (Amended by the Copyright and Other Intellectual Property Law

Provisions Act 2019)

235. Copy of recording required to be made as condition of export.

235A. Fair dealing by librarians and archivists. (Inserted by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

236. Copying by librarians or archivists: illicit recording.

236A Orphan Works (Inserted by the European Union (Certain Permitted Uses of Orphan Works) Regulations 2014 )

Public Administration

237. Parliamentary and judicial proceedings.

238. Statutory inquiries.

239. Copying of material in public records.

240. Material open to public inspection or on statutory register.

241. Acts done under statutory authority.

Recordings in Electronic Form

242. Transfer of copies of recordings in electronic form.

Miscellaneous Matters Relating to Performers' Rights

243. Use of recordings of spoken words in certain cases.

244. Transient and incidental copies Temporary acts of reproduction. (Amended by the

European Union (Copyright and Related Rights) Regulations 2004)

245. Recordings of works of folklore. (Amended by the Copyright and Other Intellectual

Property Law Provisions Act 2019)

246. Playing or showing sound recordings, broadcasts and cable programmes in certain

premises.

247. Playing of sound recordings for clubs, societies, etc.

248. Recording for purposes of broadcast or cable programme.

249. Recording for purposes of supervision and control of broadcasts and cable

programmes.

250. Recording for purposes of time-shifting.

251. Reception and retransmission of broadcast in cable programme service.

252. Provision of modified recordings.

253. Recording for archival purposes.

254. Power of Controller to consent on behalf of performer. (Amended by the European Union (Certain Permitted Uses of Orphan Works) Regulations 2014 )

Chapter 5

Delivery Up and Seizure

255. Order for delivery up.

256. Application to District Court for seizure of illicit recordings, articles or devices, etc.

257. Right of rightsowner to seize illicit recordings, articles or devices, etc.

Chapter 6

Offences: Performances

258. Offences. (Amended by the Copyright and Other Intellectual Property Law

Provisions Act 2019)

259. False claims of rights in performances. (Amended by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

260. Order for delivery up in criminal proceedings.

261. Search warrants and seizure. (Amended by the Copyright and Other Intellectual

Property Law Provisions Act 2019)

262. False representation of authority to give consent. (Amended by the Copyright and

Other Intellectual Property Law Provisions Act 2019)

263. Period after which remedy of delivery up is not available.

264. Order as to disposal of illicit recording, article or device.

Chapter 7

Licensing Schemes: Performers' Property Rights Licensing

265. Licensing schemes and licensing bodies.

References and Applications Relating to Licensing Schemes

266. General references.

267. Reference of proposed licensing scheme to Controller.

268. Reference of licensing scheme to Controller.

269. Further reference of scheme to Controller.

270. Application for grant of a licence in connection with licensing scheme.

271. Review of orders made by Controller.

272. Effect of order of Controller as to licensing scheme.

References and Applications Relating to Licensing by Licensing Bodies

273. General references by licensing bodies.

274. Reference to Controller of proposed licence Non-interference of Rights Protection

Measures with Permitted Acts (Amended by the European Union (Copyright and

Related Rights) Regulations 2004).

275. Reference to Controller of expiring licence.

276. Application for review of order made by Controller.

277. Effect of order of Controller as to licence.

Licensing: Miscellaneous

278. General considerations: unreasonable discrimination.

279. Licences to reflect payments in respect of underlying rights.

Chapter 8

Registration of Licensing Bodies in Respect of Performers' Property Rights

280. Register of licensing bodies for performers' property rights. (Amended by the

European Union (Collective Rights Management) Regulations 2016)

281. Proof that licensing body may act on behalf of specified classes.

282. Notification of charges.

283. Validity of certificates of registration.

284. Refusal of application. (Amended by the European Union (Collective Rights

Management) Regulations 2016)

285. Indemnity for Controller.

286. Obligation of collecting societies to register (performers' property rights). (Amended

by the Copyright and Other Intellectual Property Law Provisions Act 2019)

Chapter 9

Qualification: Performances

287. Definition of qualifying person.

288. Qualifying performance.

289. Designation of qualifying countries.

290. Territorial waters and Continental Shelf. (Amended by the Sea-Fisheries and Maritime Jurisdiction Act 2006)

Chapter 10

Duration of Rights in Performances

291. Duration of rights. (Amended by the European Union (Term of Protection of

Copyright and Related Rights) (Directive 2011/77/EU) Regulations 2013)

Chapter 11

Performers' Property Rights

292. Performers' property rights.

Chapter 12

Transmission of Performers' Property Rights

293. Assignment and licences.

294. Prospective ownership of performers' property rights.

295. Exclusive licences.

296. Performers' property rights to pass under will with certain original recordings.

297. Presumption of transfer of rental right in case of film production agreement.

298. Right to equitable remuneration where rental right is transferred.

299. Equitable remuneration: reference of determination of amount to Controller.

299A Termination of assignment agreement. (Inserted by the European Union (Term of

Protection of Copyright and Related Rights) (Directive 2011/77/EU) Regulations

2013)

299B Annual Supplementary Remuneration. (Inserted by the European Union (Term of

Protection of Copyright and Related Rights) (Directive 2011/77/EU) Regulations

2013)

299C Recurring payments. (Inserted by the European Union (Term of Protection of

Copyright and Related Rights) (Directive 2011/77/EU) Regulations 2013)

299D Application of sections 299A to 299C. (Inserted by the European Union (Term of

Protection of Copyright and Related Rights) (Directive 2011/77/EU) Regulations

2013)

299E Deemed continuation in force and modification of assignment agreements. (Inserted

by the European Union (Term of Protection of Copyright and Related Rights)

(Directive 2011/77/EU) Regulations 2013)

Chapter 13

Transmission of Recording Rights and Performers' Non-Property Rights

300. Performers' non-property rights.

301. Transmissibility of rights of person having recording rights.

302. Consent.

Chapter 14

Remedies: Owner of Performers' Property Rights

303. Infringement actionable by rightsowner.

304. Award of damages in infringement action.

305. Undertakings concerning licences of right.

Chapter 15

Rights and Remedies: Exclusive Licensee

306. Rights and remedies of exclusive licensee.

307. Exercise of concurrent rights.

Chapter 16

Remedies: Owner of Performers' Non-Property Rights and Person having Recording

Rights

308. Infringement actionable as a breach of statutory duty.

PART IV

Performers' Moral Rights

309. Paternity right.

310. Exceptions to paternity right.

311. Integrity right.

312. Exceptions to integrity right.

313. Secondary infringement of integrity right: possessing or dealing.

314. False attribution of performances.

315. Duration of moral rights. (Amended by the European Union (Term of Protection

of Copyright and Related Rights) (Directive 2011/77/EU) Regulations 2013)

316. Waiver of rights.

317. Performers' moral rights not assignable or alienable.

318. Transmission of moral rights on death.

319. Remedies for infringement of moral rights.

PART V

Databases

Chapter 1

Rights in Databases

320. Interpretation. (Amended by the Copyright and Related Rights (Amendment) Act

2007)

Chapter 2

Subsistence of Database Right

321. Database right.

Chapter 3

Maker and Ownership: Databases

322. Maker of database.

323. First ownership of database right.

Chapter 4

Restricted Acts: Databases

324. Acts restricted by database right.

Chapter 5

Duration of Database Right

325. Term of protection of database right.

Chapter 6

Qualification: Databases

326. Qualification for database right.

Chapter 7

Rights and Obligations of Lawful Users

327. Avoidance of certain terms affecting lawful users.

Chapter 8

Acts Permitted in Respect of Database Right

328. Exemptions in respect of databases.

329. Fair dealing: research or private study. (Amended by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

Education

330. Exception for educational establishments. (Amended by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

Public Administration

331. Parliamentary or judicial proceedings.

332. Statutory inquiries.

333. Copying of material in public records.

334. Material open to public inspection or on statutory register.

335. Databases communicated to Government or Oireachtas.

336. Acts done under statutory authority.

Anonymous or Pseudonymous Databases

337. Anonymous or pseudonymous databases: acts permitted.

Chapter 9

Application of Copyright Provisions to Database Right

338. Application of copyright provisions to database right.

Chapter 10

Presumptions

339. Presumptions relevant to database right.

Chapter 11

Database Right: Licensing

340. Licensing schemes and licensing bodies.

References and Applications Relating to Licensing Schemes

341. General references.

342. Reference of proposed licensing scheme to Controller.

343. Reference of licensing scheme to Controller.

344. Further reference of scheme to Controller.

345. Application for grant of licence in connection with licensing scheme.

346. Review of orders made by Controller.

347. Effect of order of Controller as to licensing scheme.

References and Applications Relating to Licensing by Licensing Bodies

348. General reference by licensing bodies.

349. Reference to Controller of proposed licence.

350. Reference to Controller of expiring licence.

351. Application for review of order made by Controller.

352. Effect of order of Controller as to licence.

Licensing: Miscellaneous

353. General considerations: unreasonable discrimination.

354. Licences to reflect payments in respect of underlying rights.

Chapter 12

Registration of Licensing Bodies in Respect of Database Right

355. Register of licensing bodies for database right.

356. Proof that licensing body may act on behalf of specified classes.

357. Notification of charges.

358. Validity of certificates of registration.

359. Refusal of application.

360. Indemnity for Controller.

361. Obligation of collecting societies to register (database rights). (Amended by the

Copyright and Other Intellectual Property Law Provisions Act 2019)

PART VI

Jurisdiction of Controller

362. Jurisdiction of Controller.

363. Rules in relation to proceedings before Controller.

364. Power of Controller to award costs.

364A Costs of Controller in proceedings. (Inserted by the Patents (Amendment) Act

2006)

365. Appointment of assessors.

366. Appeal to the High Court.

367. References of dispute to arbitrator. (Amended by the Patents (Amendment) Act

2006) (Amended by the Arbitration Act 2010)

368. Controller may consult Attorney General.

369. Definition of dispute for the purposes of this Chapter.

PART VII

Technological Protection Measures

Chapter 1

Rights Protection Measures

370. Devices designed to circumvent protection. (Amended by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

371. Offence of unlawful reception. (Amended by the Copyright and Other Intellectual

Property Law Provisions Act 2019)

372. Rights in respect of apparatus, etc., for unauthorised reception of transmissions.

373. Denial of protection.

374. Non-interference of rights protection measures with permitted acts. (Amended by the

European Union (Copyright and Related Rights) Regulations 2004) (Amended by

the Copyright and Other Intellectual Property Law Provisions Act 2019)

Chapter 2

Rights Management Information

375. Rights and remedies in respect of unlawful acts which interfere with rights

management information. (Amended by the Copyright and Other Intellectual

Property Law Provisions Act 2019)

376. Removal or interference with rights management information. (Amended by the

Copyright and Other Intellectual Property Law Provisions Act 2019)

377. Certain acts infringe rights of rightsowner of rights management information.

(Inserted by the Copyright and Other Intellectual Property Law Provisions Act

2019)

FIRST SCHEDULE

PART I

Transitional Provisions and Savings: Copyright (Amended by the Copyright and Other

Intellectual Property Law Provisions Act 2019)

PART II

Works made before the first day of July, 1912

PART III

Secondary Infringements

PART IV

Performers' Rights

PART V

PART VI

Transitional Provisions and Savings: Databases

SECOND SCHEDULE

PART I

PART II

THIRD SCHEDULE

Acts Referred to

Arbitration Act, 1954 1954, No. 26

Coinage Act, 1926 1926, No. 14

Coinage Act, 1950 1950, No. 32

Companies Acts, 1963 to 1999

Competition Act 2002 2002, No. 14

Continental Shelf Act, 1968 1968, No. 14

Courts (Supplemental Provisions) Act 1961 (No. 39) 1961, No. 39

Courts (Supplemental Provisions) Acts 1961 to 2015

Courts of Justice Acts 1924 to 2014

Currency Act, 1927 1927, No. 32

Decimal Currency Acts, 1969 to 1990

Disability Act 2005 2005, No. 14

Dublin City University Act, 1989 1989, No. 15

Economic and Monetary Union Act, 1998 1998, No. 38

Industrial and Commercial Property (Protection) Act, 1927 1927, No. 16

Industrial Designs Act 2001 2001. No. 39

Intellectual Property (Miscellaneous Provisions) Act, 1998 1998, No. 28

King's Inns Library Act, 1945 1945, No. 22

Local Government Act, 1994 1994, No. 8

Maritime Jurisdiction Act, 1959 1959, No. 22

National Cultural Institutions Act, 1997 1997, No. 11

Patents Act 1992 1992, No. 1

Patents Acts 1992 to 2017

Performers' Protection Act, 1968 1968, No. 19

Petty Sessions (Ireland) Act, 1851 14 & 15 Vict. c. 9

Public Offices Fees Act, 1879 1879, c. 58

Qualifications and Quality Assurance (Education and Training) Act 2012 2012, No. 28

Radio and Television Act, 1988 1988, No. 20

Statute of Limitations, 1957 1957, No. 6

Statutes of Limitations, 1957 and 1991

The Courts of Justice Act 1924 1924, No.10

Trade Marks Act, 1996 1996, No. 6

Universities Act, 1997 1997, No. 24

University of Limerick Act, 1989 1989, No. 14

Number 28 of 2000

COPYRIGHT AND RELATED RIGHTS ACT, 2000

AN ACT TO MAKE PROVISION IN RESPECT OF COPYRIGHT,

PROTECTION OF RIGHTS OF PERFORMERS AND RIGHTS

IN PERFORMANCES, TO MAKE PROVISION FOR

LICENSING SCHEMES AND REGISTRATION SCHEMES

FOR COPYRIGHT AND RELATED RIGHTS; TO RESTATE

THE LAW IN RESPECT OF COUNCIL DIRECTIVE NO.

91/250/EEC OF 14 MAY 19911 ON THE LEGAL

PROTECTION OF COMPUTER PROGRAMS; TO GIVE

EFFECT TO COUNCIL DIRECTIVE NO. 92/100/EEC OF 19

NOVEMBER 19922 ON RENTAL RIGHT AND LENDING

RIGHT AND ON CERTAIN RIGHTS RELATING TO

PROPERTY; TO GIVE EFFECT TO COUNCIL DIRECTIVE

NO. 93/83/EEC OF 27 SEPTEMBER 19933 ON THE CO-

ORDINATION OF CERTAIN RULES CONCERNING

APPLICABLE TO SATELLITE BROADCASTING AND

CABLE RETRANSMISSION; TO RESTATE THE LAW IN

RESPECT OF COUNCIL DIRECTIVE NO. 93/98/EEC OF 29

OCTOBER 19934 HARMONISING THE TERM OF

PROTECTION OF COPYRIGHT AND CERTAIN RELATED

RIGHTS AND TO GIVE EFFECT TO ARTICLE 2.1

THEREOF; TO GIVE EFFECT TO DIRECTIVE NO. 96/9/EC

OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

OF 11 MARCH 19965 ON THE LEGAL PROTECTION OF

DATABASES; AND TO PROVIDE FOR RELATED

MATTERS. [10th July, 2000]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General

Short title and

commencement. 1.—(1) This Act may be cited as the Copyright and Related Rights

Act, 2000.

(2) This Act shall come into operation on such day or days as the

Minister may be order or orders either generally or with reference to

any particular purpose appoint, and different days may be so

appointed for different purposes or different provisions of this Act.

(3) An order under subsection (2) may, in respect of the repeals or

revocations effected by section 10 of the enactments mentioned in the

Second Schedule, fix different days for the repeal or revocation of

different enactments or for the repeal or revocation for different

purposes of any enactment.

Interpretation. 2.—(1) In this Act, unless the context otherwise requires—

“Act of 1927” means the Industrial and Commercial Property

(Protection) Act, 1927;

“anonymous work” means a work where the identity of the author is

unknown or, in the case of a work of joint authorship, where the

identity of the authors is unknown;

“appropriate court” means—

(a) the District Court, where the damages or the value of the

other relief sought in any action to which the application

relates is not liable to exceed such sum as stands specified

by an enactment to be the jurisdiction of the District Court

for actions in contract or tort,

(b) the Circuit Court, where the damages or the value of the

other relief sought in any action to which the application

relates is not liable to exceed such sum as stands specified

by an enactment to be the jurisdiction of the Circuit Court

for actions in contract or tort, and

“artistic work” includes a work of any of the following descriptions,

irrespective of their artistic quality—

(a) photographs, paintings, drawings, diagrams, maps, charts,

plans, engravings, etchings, lithographs, woodcuts, prints

or similar works, collages or sculptures (including any cast

or model made for the purposes of a sculpture),

(b) works of architecture, being either buildings or models for

buildings, and

“author” has the meaning assigned to it by section 21;

“authorised broadcaster” means Radio Telefís Éireann, Seirbhísí

Theilifís na Gaeilge Teoranta or a person with whom the Independent

Radio and Television Commission has entered into a contract for the

provision of broadcasting services under the Radio and Television

Act, 1988, and is licensed under that Act to provide those services;

1 Amended by the Broadcasting Act 2009 2 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 3 Amended by the Broadcasting Act 2009

“authorised cable programme service provider” means the provider of

any cable programme service other than a cable programme service

provided unlawfully;

“broadcast” means a transmission by wireless means, including by

terrestrial or satellite means, for direct public reception or for

presentation to members of the public of sounds, images or data or

any combination of sounds, images or data, or the representations

thereof, but does not include MMDS service; ‘ broadcast ’ means a

transmission by wireless means, including by terrestrial or satellite

means, whether digital or analogue, for direct public reception or for

presentation to members of the public of sounds, images or data or

any combination of sounds, images or data, or the representations

thereof, but does not include transmission by means of MMDS or

digital terrestrial retransmission;1

‘broadcast’ means an electronic transmission of sounds, images or

data, or any combination or representation thereof, for direct public

reception or for presentation to members of the public;2

“building” includes any structure;

“cable programme” means any item included in a cable programme

service;

“cable programme service” means a service, including MMDS

including MMDS and digital terrestrial retransmission3, which

consists wholly or mainly of sending sounds, images or data or any

combination of sounds, images or data, or the representations thereof,

by means of a telecommunications system—

(a) for reception at 2 or more places (whether for simultaneous

reception or at different times in response to requests by

different users), or

(b) for presentation to members of the public,

but shall not include:

(i) a service or part of a service of which it is an essential feature

that while sounds, images or data or any combination of

sounds, images or data, or the representations thereof, are

being conveyed by the person providing the service, there

may be sent from each place of reception, by means of the

same system or, as the case may be, the same part of it,

data (other than signals sent for the operation or control of

the service) for reception by the person providing the

service or other persons receiving the service;

(ii) a service operated for the purposes of a business, trade or

profession where—

(I) no person except that person carrying on the business,

trade or profession is concerned in the control of the

apparatus comprised in the system,

(II) sounds, images or data or any combination of sounds,

images or data, or the representations thereof, are

conveyed by the system exclusively for the purposes of

the internal management of that business, trade or

profession and not for the purpose of rendering a

service or providing amenities for others, and

(III) the system is not connected to any other

telecommunications system;

(iii) a service operated by an individual where—

(I) all the apparatus comprised in the system is under his

or her control,

(II) sounds, images or data or any combination of sounds,

images or data, or the representations thereof,

conveyed by the system are conveyed solely for his or

her private and domestic use by that individual, and

(III) the system is not connected to any other

telecommunications system;

(iv) services, other than services operated as part of the amenities

provided for residents or occupants of premises operated

as a business, trade or profession, where—

(I) all the apparatus comprised in the system is situated in,

or connects, premises which are in single occupation,

and

(II) the system is not connected to any other

telecommunications system;

(v) services which are, or to the extent that they are, operated for

persons providing broadcasting or cable programme

service or providing programmes for such services;

“computer-generated”, in relation to a work, means that the work is

generated by computer in circumstances where the author of the work

is not an individual;

“computer program” means a program which is original in that it is

the author's own intellectual creation and includes any design

materials used for the preparation of the program;

4 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 5 Inserted by the Broadcasting Act 2009 6 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 7 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019 8 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 9 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

“Controller” means the Controller of Patents, Designs and Trade

Marks; ‘Controller’ means the Controller of Intellectual Property;4

“copyright work” means a work in which copyright subsists;

“database” means a collection of independent works, data or other

materials, arranged in a systematic or methodical way and

individually accessible by any means but excludes computer

programs used in the making or operation of a database;

‘digital terrestrial retransmission’ means the reception and immediate

retransmission on an encrypted basis without alteration by means of a

multiplex of a broadcast or a cable programme initially transmitted

from another Member State of the EEA;5

“disability” has the same meaning as in section 48 of the Statute of

Limitations, 1957 ; ‘disability’ has the meaning assigned to it in

section 2 of the Disability Act 2005;6

“dramatic work” includes a choreographic work or a work of mime;

‘education’ means instruction, lectures, study, research, teaching or

training either in an educational establishment or by any person acting

under the authority of an educational establishment, and includes all

activities necessary or expedient or ancillary to such a programme,

and ‘educational purposes’ shall be construed accordingly;7

“educational establishment” means—

(a) any school,

(b) any university to which the Universities Act, 1997, applies,

applies, and8,

(ba) any relevant provider within the meaning of section 2 of the

Qualifications and Quality Assurance (Education and

Training) Act 2012, and9

Minister under section 55;

“EEA Agreement” means the Agreement on the European Economic

Area signed at Oporto on 2 May 1992, as adjusted by the Protocol

signed at Brussels on 17 March 1993 and as amended from time to

time;

10 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019 11 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

‘electronic transmission’ means a specified transmission through the

Internet, a transmission by wireless means and a transmission

prescribed for the purposes of this definition, but does not include—

(a) a transmission by means of MMDS, or

(b) a digital terrestrial retransmission;10

“enactment” means an Act of the Oireachtas or an instrument made

thereunder;

‘excluded data information’, means—

(a) a computer program (whether in whole or in part), or

(b) a program source code of a website;11

“film” means a fixation on any medium from which a moving image

may, by any means, be produced, perceived or communicated through

a device;

“fixation” means the embodiment of sounds or images or any

combination of sounds or images, or the representations thereof, from

which they can be perceived, reproduced or communicated through a

device;

“general licence” means a licence granted by a licensing body that

includes all works of the description to which it applies;

‘intellectual property claim’ means—

(a) any proceedings instituted, application or reference made, or

appeal lodged, under the Patents Act 1992 other than an application

under section 47, 49, 50, 51, 52, 53, 54, 57, 59, 74, 86, 91, 96, 108,

123 or 124 of that Act,

(b) any proceedings instituted, application or reference made, or

appeal lodged, under the Trade Marks Act 1996 other than an

application under section 25, 51, 52, 57, 65, 67, 72, 77, 78, 79, 85(5),

88 or 97 of that Act, or under paragraph 14(3) of the Second Schedule

to that Act in so far as that paragraph relates to an application under

section 51 of that Act,

appeal lodged, under this Act other than an application under section

133, 143, 170, 256, 257, 261, 299B, 366 or 367, or

12 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019 13 Inserted by the Broadcasting Act2009

(d) any proceedings instituted, application or reference made, or

appeal lodged, under the Industrial Designs Act 2001 other than an

application under section 33, 34, 35, 62, 70, 81, 84 or 86 of that Act;12

“judicial proceeding” includes proceedings before any court or

tribunal which has power to hear, receive and examine evidence on

oath or otherwise and has authority to decide any matter affecting the

legal rights or liabilities of a person;

“licensing body” means a body referred to in section 38 , 149 , 265 or

340 , as the case may be;

“literary work” means a work, including a computer program, but

does not include a dramatic or musical work or an original database,

which is written, spoken or sung;

“marketed” means sold, hired rented or lent, or offered or exposed for

sale, hire, rental or loan, or otherwise distributed, and references to

“marketing” shall be construed accordingly;

“Member State of the EEA” means a state which is a contracting state

to the EEA Agreement;

“Minister” means the Minister for Enterprise, Trade and

Employment;

“MMDS” means a Multipoint Microwave Distribution System;

‘multiplex’ has the meaning assigned to it in section 129 of the

Broadcasting Act 2009;13

“musical work” means a work consisting of music, but does not

include any words, or action, intended to be sung, spoken or

performed with the music;

“original database” means a database in any form which by reason of

the selection or arrangement of its contents constitutes the original

intellectual creation of the author;

“parliamentary proceeding” includes proceedings of either or both of

the Houses of the Oireachtas or committees established by either or

both of the Houses of the Oireachtas or proceedings of the European

Parliament or committees established by the European Parliament;

“photograph” means a recording of light, or any other radiation on

any medium on which an image is produced, or from which an image

may by any means be produced and which is not part of a film;

“premises” means any building or place, including any land, vehicle,

vessel, moveable structure, trailer, hovercraft or aircraft;

14 Inserted by the European Union (Copyright and Related Rights) Regulations 2004

“prescribe” means prescribe by regulations and cognate words shall

be construed accordingly;

“producer”, in relation to a film or sound recording, means the person

by whom the arrangements necessary for the making of the film or

sound recording, as the case may be, are undertaken;

“protection-defeating device” includes any device, function or

product, or component incorporated into a device, function or

product, the primary purpose or effect of which is to avoid, bypass,

remove, deactivate or otherwise circumvent, without authority, any

rights protection measure or which is promoted, advertised or marketed for the purpose of circumvention of any rights protection measure, or

which has only a limited commercially significant purpose or use other

than to circumvent any rights protection measure14;

“pseudonymous work” means a work where the pseudonym adopted

by the author or, in the case of a work of joint authorship the authors,

does not reveal the identity of the author or authors and the identity of

the author or authors is unknown;

“published edition”, in relation to the copyright in the typographical

arrangement of a published edition, means a published edition of the

whole or any part of one or more literary, dramatic or musical works

or original databases;

“repeat broadcast” means a repeat of a broadcast which has been

previously transmitted;

“repeat cable programme” means a repeat of a cable programme

which has been previously included in a cable programme service;

“reprographic process” means a process—

(a) for making facsimile copies, or

(b) involving the use of an appliance for making multiple copies,

and includes, in relation to a work held in electronic form, any

copying by electronic means, but does not include the making of a

film or sound recording;

‘rights identifying information’, in relation to a work, means data

information (other than excluded data information) about the work,

including digital data (whether or not it is incorporated within the

work or is otherwise associated with it) that provides information

about—

(a) the authorship, condition, content, context, origin, ownership,

provenance, quality or structure of the work,

(b) rights pertaining to or associated with the work, or

15 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019 16 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

(b);15

“rights protection measure” means any process, treatment, mechanism

or system which is designed to prevent or inhibit the unauthorised

exercise of any of the rights conferred by this Act;

“sound recording” means a fixation of sounds, or of the

representations thereof, from which the sounds are capable of being

reproduced, regardless of the medium on which the recording is

made, or the method by which the sounds are reproduced;

‘specified transmission through the Internet’ means—

(a) a transmission taking place simultaneously through the

Internet and by other means,

(b) a concurrent transmission of a live event, or

forming part of a programme service offered by the person

responsible for making the transmission, being a service in which

programmes are transmitted at scheduled times determined by that

person;16

“statutory inquiry” means an inquiry held, or investigation conducted,

pursuant to a duty imposed or power conferred by an enactment;

“statutory register” means a register maintained pursuant to a

statutory requirement;

“statutory requirement” means a requirement imposed by an

enactment;

“sufficient acknowledgement” has the meaning assigned to it by

section 51;

“telecommunications system” means a system for conveying sounds,

data or information or any combination of sounds, images or

information, or the representations thereof, by means of a wire, beam

or any other conducting device through which electronically

generated programme-carrying signals are guided over a distance;

“work” means a literary, dramatic, musical or artistic work, sound

recording, film, broadcast, cable programme, typographical

arrangement of a published edition or an original database and

includes a computer program except in Part II, Chapter 7 where

“work” means “literary, dramatic, musical or artistic work or film”;

“work of joint authorship” has the meaning assigned to it by section

22;

“writing” includes any form of notation or code whether by hand or

otherwise and regardless of the method by which, or medium in or on

which, it is recorded, and references to “written” shall be construed

accordingly.

(2) A reference in this Act to the reception of a broadcast shall

include the reception of a broadcast relayed by means of a

telecommunications system.

(3) A reference in this Act to a prescribed archive shall include

references to a prescribed museum.

(4) A reference in this Act to an archive shall include references to

a museum and a reference in this Act to an archivist shall include

references to a curator.

(5) A reference in this Act to a librarian or archivist shall include

references to a person acting on his or her behalf.

(6) A computer program used in the making or operation of

databases shall not be regarded as a database.

(7) The author of a work shall be deemed to be known where it is

possible for a person, without previous knowledge of the facts, to

ascertain the identity of the author of the work by reasonable enquiry.

(8) The authors of a work of joint authorship shall be deemed to be

known where it is possible for a person, without previous knowledge

of the facts, to ascertain the identity of one or more of the authors of

the work by reasonable enquiry.

(9) References in this Act to a permanent collection shall include a

collection of works or sound recordings in the possession of a library

or archive that have been loaned to that library or archive for an

indefinite period.

(10) Where an act which would otherwise infringe any of the rights

conferred by this Act is permitted under this Act it is irrelevant

whether or not there exists any term or condition in an agreement

which purports to prohibit or restrict that act.

(11) A reference in this Act to the copyright owner or the

rightsowner shall include a reference to a person designated by the

infringement proceedings.

(12) (a) A reference in this Act to a Part, Chapter, Division,

section or Schedule is a reference to a Part, Chapter,

Division or section of, or Schedule to, this Act unless it is

indicated that a reference to some other Act is intended.

17 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

(b) A reference in this Act to a subsection, paragraph or

subparagraph is to the subsection, paragraph or

subparagraph of the provision in which the reference

occurs unless it is indicated that reference to some other

provision is intended.

except where the context otherwise requires, be construed

as a reference to that enactment as amended by or under

any other enactment including this Act.

2A. The definition of ‘broadcast’ shall not be construed to

prejudice the exclusive right under this Act of a person to make a

work available by means of a broadcast of the work.17

Construction of

references to

rightsowner.

3.—(1) In the case of a right conferred by this Act to which

different persons are entitled (whether in consequence of a partial

assignment of such right or otherwise) in respect of the application of

the right—

(a) to undertake different acts or classes of acts restricted by that

right, or

(b) to undertake one or more acts or classes of acts restricted by

that right in different countries, territories, states or areas,

or at different times,

the rightsowner shall be deemed to be the person who is entitled to

the right in respect of its application to the undertaking of the act or

class of acts restricted by the right, or, as the case may be, to the

undertaking of the act or class of acts restricted by the right in the

particular country, territory, state or area or at the particular time,

which is relevant to the purpose concerned.

(2) In relation to a future right to which different persons are

prospectively entitled, references in this Act to the prospective owner

shall be construed accordingly.

(3) Where a right conferred by this Act (or any aspect of such right)

is owned by more than one person jointly, references in this Act to the

rightsowner are to all the owners, and any requirement of the licence

of the rightsowner requires the licence of all of the owners.

Construction of

references to copyright. 4.—(1) References in this Act to copyright shall include references

to copyright under any previous enactment conferring copyright.

(2) References in the Act of 1927 to Part VI or VII of that Act shall

be deemed to include references to this Act.

Encrypted broadcasts. 5.—A broadcast that is encrypted shall be regarded as being

broadcast for lawful direct public reception where the means required

for decoding the signals for those broadcasts have been made

available by, or with the authority of, the person making the

broadcast.

Making and protection of

broadcasts. 6.—(1) Subject to subsection (3), a reference in this Act to the

person making a broadcast, broadcasting a work, or including a work

in a broadcast shall be construed as a reference—

(a) to the person transmitting the programme, where he or she

has responsibility to any extent for its contents, and

(b) to any person providing the programme who makes the

arrangements necessary for its transmission with the

person transmitting that programme,

and references to a programme, in the context of broadcasting, shall

be construed as references to any item included in the broadcast.

(2) Subject to subsection (3), the place from which a broadcast is

made is the place where, under the control and responsibility of the

person making the broadcast, the programme-carrying signals are

introduced into an uninterrupted chain of communication including,

in the case of a satellite transmission, the chain leading to the satellite

and down towards the earth.

(3) Where the place from which a broadcast by way of satellite

transmission is made is located in a country, territory, state or area

other than a Member State of the EEA and the law of that country,

territory, state or area fails to provide, at least, the following level of

protection:

(a) exclusive rights in relation to broadcasting equivalent to

those conferred by section 37 ;

(b) a right in relation to live broadcasting equivalent to that

conferred on a performer by section 204 ; and

share in a single equitable remuneration in respect of the

broadcasting of sound recordings,

then, the following provisions shall apply:

(i) where the place from which the programme-carrying signals

are transmitted to the satellite (in this Act that place is

referred to as the “uplink station”) is located in a Member

State of the EEA—

(I) that uplink station shall be treated as the place from

which the broadcast is made, and

(II) the person operating the uplink station shall be treated

as the person making the broadcast;

18 Inserted by the Copyright and Related Rights (Amendment) Act 2007 19 Inserted by the Copyright and Related Rights (Amendment) Act 2007

(ii) where the uplink station is not located in a Member State of

the EEA but a person who is established in a Member

State of the EEA has commissioned the making of the

broadcast—

(I) the place in which that person has his or her principal

establishment in a Member State of the EEA shall be

treated as the place from which the broadcast is made,

and

(II) that person shall be treated as the person making the

broadcast.

Regulations and orders. 7.—(1) The Minister may make regulations for the purpose of

enabling this Act to have full effect.

(2) Regulations made under this section may contain such

incidental, supplementary and consequential provisions as appear to

the Minister to be necessary or expedient for the purposes of this Act.

(3) The Minister may make regulations for prescribing any matter

referred to in this Act as prescribed.

(4) The Government or Minister, as the case may be, may by order

amend or revoke an order made by the Government or the Minister

under this Act including an order made under this subsection (other

than an order made under section 1 (2)).

Laying of regulations

and orders. 8.—Every order (other than an order made under section 1 (2)) or

regulation made by the Minister, the Minister for the Environment,

Heritage and Local Government18 or the Minister for Finance under

this Act shall be laid before each House of the Oireachtas as soon as

may be after it is made and, if a resolution annulling the order or

regulation is passed by either such House within the next 21 days on

which that House has sat after the order or regulation is laid before it,

the order or regulation shall be annulled accordingly, but without

prejudice to the validity of anything previously done thereunder.

Expenses. 9.—The expenses incurred by the Minister and the Minister for the

Environment, Heritage and Local Government19 in the administration

of this Act shall, to such extent as may be sanctioned by the Minister

for Finance, be paid out of moneys provided by the Oireachtas.

Transitional provisions

and repeals. 10.—(1) The First Schedule shall have effect with respect to

transitional matters.

(2) The Acts mentioned in column (2) of Part I of the Second

Schedule are hereby repealed to the extent mentioned in column (3) of

that Schedule.

(3) The statutory instruments mentioned in column (2) of Part II of

the Second Schedule are hereby revoked to the extent mentioned in

column (3) of that Schedule.

Prosecution of offences. 11.—(1) Summary proceedings for an offence under this Act may

be brought and prosecuted by the Minister.

(2) Notwithstanding the provisions of section 10(4) of the Petty

Sessions (Ireland) Act, 1851, summary proceedings for an offence

under this Act may be commenced at any time within 12 months from

the date on which the offence was committed.

Offences by bodies

corporate. 12.—Where an offence under this Act is committed by a body

corporate and is proved to have been so committed with the consent,

connivance or approval of or to be attributable to any neglect on the

part of a person being a director, manager, secretary or other officer

of the body corporate, or any other person who was acting or

purporting to act in any such capacity, that person as well as the body

corporate shall be guilty of an offence and be liable to be proceeded

against and punished as if he or she were guilty of the first-mentioned

offence.

Offences by members of

partnership. 13.—(1) Without prejudice to any liability of a partner under

subsection (3), where an offence under this Act is committed by a

partnership any proceedings shall be brought against the partnership

in the name of the partnership and not in the name of the individual

partner.

(2) A fine imposed on a partnership on its conviction in

proceedings brought under subsection (1) shall be paid out of the

assets of the partnership.

(3) Where a partnership is guilty of an offence under this Act,

every partner, other than a partner who is proved to have been

ignorant of or to have attempted to prevent commission of the

offence, shall also be guilty of the offence and shall be liable to be

proceeded against and punished accordingly.

Service of notices. 14.—(1) A notice required to be served or given under this Act

shall, subject to subsection (2), be addressed to the person concerned

by name, and may be served on or given to the person in one of the

following ways—

(a) by delivering it to the person,

(b) by leaving it at the address at which the person ordinarily

resides or, in a case in which an address for service has

been furnished, at that address,

which the person ordinarily resides or, in a case in which

an address for service has been furnished, to that address,

20 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

21 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

(d) by sending it by such other method (including electronic

method) as the Minister may decide,

(e) where the address at which the person ordinarily resides

cannot be ascertained by reasonable enquiry and notice is

required to be served on, or given to, him or her in respect

of any premises, by delivering it to a person over the age

of 16 years of age resident in or employed at the premises

or by affixing it in a conspicuous position on or near the

premises.

(2) Where a notice under this Act is to be served on or given to a

person who is the owner or occupier of any premises and the name of

the person cannot be ascertained by reasonable enquiry, it may be

addressed to the person by using the words “the owner” or, as the case

may require, “the occupier”.

(3) For the purposes of this section, a company within the meaning

of the Companies Acts, 1963 to 1999, shall be deemed to be

ordinarily resident at its registered office, and every other body

corporate, unincorporated body or person, including a partnership

shall be deemed to be ordinarily resident at its principal office or

place of business.

(4) A person shall not at any time during the period of 3 months

after a notice is affixed under subsection (1)(e) remove, alter, damage

or deface the notice without lawful authority.

(5) A person who contravenes subsection (4) shall be guilty of an

offence and shall be liable on summary conviction to a fine not

exceeding £1,500 class C fine.20

Fees. 15.—The Public Offices Fees Act, 1879, shall not apply in respect

of any fees payable under this Act.

Jurisdiction of Courts. 16.—An appeal lies from the making of an order under this Act—

(a) from the District Court to the Circuit Court, where the order

is made by the District Court,

(b) from the Circuit Court to the High Court, where the order is

made by the Circuit Court,

Appeal, where the order is made by the Central Criminal

Court.

Circuit Court 16A. The Circuit Court shall have jurisdiction to hear and determine

intellectual property claims21.

22 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

District Court 16B. (1) The District Court shall have jurisdiction to hear and

determine intellectual property claims.

(2) The District Court in which such a claim shall be heard is

the District Court Area in which the defendant concerned

ordinarily resides or carries on any business, trade or

profession.22

PART II

Chapter 1

Subsistence of Copyright

works. 17.—(1) Copyright is a property right whereby, subject to this Act,

the owner of the copyright in any work may undertake or authorise

other persons in relation to that work to undertake certain acts in the

State, being acts which are designated by this Act as acts restricted by

(2) Copyright subsists, in accordance with this Act, in—

(a) original literary, dramatic, musical or artistic works,

(b) sound recordings, films, broadcasts or cable programmes,

(d) original databases.

(3) Copyright protection shall not extend to the ideas and principles

which underlie any element of a work, procedures, methods of

operation or mathematical concepts and, in respect of original

databases, shall not extend to their contents and is without prejudice

to any rights subsisting in those contents.

(4) Copyright shall not subsist in a work unless the requirements

for copyright protection specified in this Part with respect to

qualification are complied with.

(5) Copyright shall not subsist in a work which infringes, or to the

extent that it infringes, the copyright in another work.

(6) Copyright shall not subsist in a work which is, or to the extent

that it is, a copy taken from a work which has been previously made

available to the public.

dramatic or musical

works and original

databases.

18.—(1) Copyright shall not subsist in a literary, dramatic or

musical work or an original database until that work is recorded in

writing or otherwise by or with the consent of the author.

23 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

(2) References in this Part to the time at which, or the period during

which, a work referred to in subsection (1) is made are to the time at

which, or the period during which, that work is so recorded.

(3) Copyright may subsist in a work that is recorded and may

subsist in the recording of a work.

recordings. 19.—Copyright shall not subsist in a sound recording until the first

fixation of the sound recording is made.

Exclusion of copyright in

retransmission. 20.—(1) Subject to subsection (2), copyright shall not subsist in the

transmission of a broadcast or other material in a cable programme

service unless the transmission alters the content of the broadcast or

other materials.

(2) Nothing in subsection (1) shall affect the copyright subsisting in

the broadcast or other material arising other than by virtue of the

transmission.

Chapter 2

Authorship and Ownership of Copyright

Interpretation of author. 21.—In this Act, “author” means the person who creates a work

and includes:

(a) in the case of a sound recording, the producer;

(b) in the case of a film (including the soundtrack accompanying

the film),23 the producer and the principal director;

in the case of a broadcast which relays another broadcast

by reception and immediate retransmission, without

alteration, the person making that other broadcast;

(d) in the case of a cable programme, the person providing the

cable programme service in which the programme is

included;

(e) in the case of a typographical arrangement of a published

edition, the publisher;

(f) in the case of a work which is computer-generated, the person

by whom the arrangements necessary for the creation of

the work are undertaken;

(g) in the case of an original database, the individual or group of

individuals who made the database; and

(h) in the case of a photograph, the photographer.

Works of joint

authorship. 22.—(1) In this Act, “a work of joint authorship” means a work

produced by the collaboration of two or more authors in which the

contribution of each author is not distinct from that of the other author

or authors.

(2) A film shall be treated as a work of joint authorship unless the

producer and the principal director are the same person.

(3) A broadcast shall be treated as a work of joint authorship if

more than one person makes the broadcast and the contribution of

each person is not distinct from that of any of the others involved in

making that broadcast.

(4) References in this Act to the author of a work shall, unless

otherwise provided, be construed, in relation to a work of joint

authorship, as references to all of the authors of the work.

First ownership of

(a) the work is made by an employee in the course of

employment, in which case the employer is the first owner

of any copyright in the work, subject to any agreement to

the contrary,

(b) the work is the subject of Government or Oireachtas

international organisation, or

(d) the copyright in the work is conferred on some other person

by an enactment.

(2) Where a work, other than a computer program, is made by an

author in the course of employment by the proprietor of a newspaper

or periodical, the author may use the work for any purpose, other than

for the purposes of making available that work to newspapers or

periodicals, without infringing the copyright in the work.

Chapter 3

Duration of Copyright

Duration of copyright in

a literary, dramatic,

musical or artistic work

or an original database.

24.—(1) The copyright in a literary, dramatic, musical or artistic

work, or an original database shall expire 70 years after the death of

the author, irrespective of the date on which the work is first lawfully

made available to the public.

(1) The copyright in a literary, dramatic, musical or artistic work,

or an original database, shall expire 70 years after the death of the

author irrespective of—

24 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019 25 Inserted by the European Union (Term of Protection of Copyright and Related Rights) (Directive

2011/77/EU) Regulations 2013)

(a) the date (if any) on which the work is first lawfully made

available to the public, or

(b) whether the work is ever lawfully made available to the

public.24

(1A) Notwithstanding subsection (1), the copyright in a musical

composition with words shall expire 70 years after the last of the

following persons dies, namely:

(a) the author or authors of the musical composition whose

identity is known;

(b) the author or authors of the words whose identity is known;

provided that both the musical composition and the words were

specifically created for the musical composition with words and that

either the musical composition or the words were protected by

created on or after that date.

(2) The copyright in a work specified in subsection (1), or, in the

case of a musical composition with words referred to in subsection

(1A), a musical composition with words, which is anonymous or

pseudonymous shall expire 70 years after the date on which the work

is first lawfully made available to the public.

(3) In respect of an anonymous or pseudonymous work referred to

in subsection (2)—

(a) where the pseudonym adopted by the author leaves no doubt

as to his or her identity,

(b) where the author discloses his or her identity, or

from the date on which the work is first lawfully made

available to the public,

the copyright in that work shall expire 70 years after the death of that

author.

(4) In relation to a musical composition with words referred to in

subsection (1A), references in subsection (3) and in section 32(1) to

the identity of the author becoming known or being disclosed shall be

construed as references to the identity of any of the authors of the

musical composition or the words becoming known or being

disclosed.25

Transitional provisions

relating to section

24(1A).

24A. (1) Subject to subsection (2), where, in relation to a

musical composition with words referred to in section 24(1A) -

(a) the copyright in either the musical composition or the words

had expired prior to 1 November 2013 and is revived by virtue of

section 24(1A), or

(b)the copyright in the musical composition or the words did not

expire before 1 November 2013 and is extended by virtue of section

24(1A),

the owner of the copyright as so revived or extended shall be the

author, or, in the event that that person is deceased, his or her legal

personal representative.

(2) Where, in the case of revived or extended copyright specified

in subsection (1), a deed of assignment or other binding legal

instrument transferring ownership in the copyright of the musical

composition or the words expressly provided that, in the event of any

revival or extension of the copyright being effected by or under any

enactment, the copyright as so revived or extended would vest in the

person to whom ownership in the copyright was transferred, the

ownership of the copyright shall vest accordingly.

(3) Where, in relation to a musical composition with words

referred to in section 24(1A), the copyright in either the musical

composition or the words had expired prior to 1 November 2013 and

was revived by virtue of section 24(1A) (‘revived copyright’) -

(a) a person who, before 1 November 2013, undertook the

exploitation of such a work at a time when that work was not

protected by copyright shall not be regarded as having infringed the

revived copyright,

(b)a person who, before 1 November 2013, undertook the

exploitation of such a work at a time when that work was not

protected by copyright shall not infringe the revived copyright by

continuing that exploitation of that work,

exploit such a work at a time when that work was not protected by

which he or she undertakes of that work on foot of such preparations,

(d) a person who does anything in relation to a literary, dramatic

or musical work or a film that contains a copy of such a work or is an

adaptation of such a work, where the literary, dramatic or musical

work or film -

(i) was made before commencement, or

(ii) was made on foot of preparations made before 1

November 2013,

shall not infringe the revived copyright in such a work if -

26 Inserted by the European Union (Term of Protection of Copyright and Related Rights) (Directive

2011/77/EU) Regulations 2013)

(I)the copy or adaptation of that work was made before 1

November 2013 at a time when that work was not protected by

(II) the copy or adaptation of that work was made

on foot of preparations made before 1 November 2013 at a time when

that work was not protected by copyright, and

(e) a person who exploits such a work on or after 1 November

2013 shall not infringe revived copyright in that work if the

exploitation is done at a time when, or is on foot of preparations made

at a time when, the name and the address of a person entitled to

authorise the exploitation cannot by reasonable inquiry be

ascertained.

(4) It is not an infringement of any moral right conferred by

Chapter 7 of Part II to do anything which by virtue of subsection (3)

is not an infringement of copyright.26

Duration of copyright in

films. 25.—(1) Subject to subsection (2), the copyright in a film shall

expire 70 years after the last of the following persons dies, namely:

(a) the principal director of the film;

(b) the author of the screenplay of the film;

(d) the author of music specifically composed for use in the film.

(2) Where a film is first lawfully made available to the public

during the period of 70 years following the death of the last of the

persons specified in subsection (1), the copyright in that film shall

expire 70 years after the date of such making available.

(3) Where the copyright in a film has expired, a person who, after

such expiration, makes available to the public the film or causes the

film to be so made available shall not infringe the copyright in any

work included in the film.

Duration of copyright in

sound recordings. 26.—The copyright in a sound recording shall expire—

(a) 50 years after the sound recording is made, or

(b) where it is first lawfully made available to the public during

the period specified in paragraph (a), 50 years after the

date of such making available. available or,

lawfully made available to the public during the period specified in

paragraph (a), and -

27 Amended by the European Union (Term of Protection of Copyright and Related Rights) (Directive

2011/77/EU) Regulations 2013)

28 Inserted by the Industrial Designs Act, 2001.

29 Repealed by the Copyright and Other Intellectual Property Law Provisions Act 2019

(i)where the rights of the performer and the producer

would still have been protected on 1 November 2013, had the

European Union (Term of Protection of Copyright and Certain

Related Rights) (Directive 2011/77/EU) Regulations 2013 not come

into operation on that date, or

(ii) where the sound recording is created on or after 1

November 2013,

70 years after the date of such making available.27

Duration of copyright in

broadcasts. 27.—(1) The copyright in a broadcast shall expire 50 years after the

broadcast is first lawfully transmitted.

(2) The copyright in a repeat broadcast shall expire at the same

time as the copyright in the original broadcast and no copyright shall

subsist in a repeat broadcast which is transmitted after the expiration

of the copyright in the original broadcast.

Duration of copyright in

cable programmes. 28.—(1) The copyright in a cable programme shall expire 50 years

after the cable programme is first lawfully included in a cable

programme service.

(2) The copyright in a repeat cable programme shall expire at the

same time as the copyright in the original cable programme and no

in a cable programme service after the expiration of the copyright in

the original cable programme.

Duration of copyright in

typographical

arrangements.

29.—The copyright in a typographical arrangement of a published

edition shall expire 50 years after the date on which it is first lawfully

made available to the public.

Duration of copyright in

computer-generated

works.

30.—The copyright in a work which is computer-generated shall

expire 70 years after the date on which the work is first lawfully made

available to the public.

Duration of copyright in

works in volumes, parts,

etc.

31.—Where a work is lawfully made available to the public in

volumes, parts, instalments, issues or episodes and the copyright

subsists from the date on which the work is so made available, the

Duration of copyright in

relation to registered

design.

31A.—The copyright in a design registered under the Industrial

Designs Act, 2001, shall expire 25 years after the filing date of the

application for registration of the design under that Act or on the date

of expiration of the copyright under this Act, whichever is the

sooner.2829

31B. (1) An act to which subsection (2) applies is not an

infringement of the copyright in a design registered under the

Industrial Designs Act 2001 if—

(a) that act is done pursuant to a contract entered into before

the relevant date, and

(b) that act, if it were done immediately before the relevant

date, would not, by virtue of section 31A, have been such

an infringement.

(2) An act to which this subsection applies is any of the

following acts done, in relation to a design referred to in subsection

(1), during the 6 months period immediately following and including

the relevant date:

(a) the copying of the design;

(b) the provision of means for making a copy of the design;

(3) An act to which subsection (4) applies is not an infringement

of the copyright in a design registered under the Industrial Designs Act

2001 if that act, if it were done on the day immediately before the

relevant date, would not, by virtue of section 31A, have been such an

infringement.

(4) An act to which this subsection applies is any of the following

acts done, in relation to a design referred to in subsection (3), during

the 6 months period immediately following and including the relevant

date:

(a) the issuing or selling, or renting or lending, to the public

of a copy of the design that was made in, or imported

into, the State—

(i) before the relevant date, or

(ii) during that 6 months period pursuant to a contract

entered into before the relevant date;

(b) the communication to the public of that design in

connection with anything done in reliance on paragraph

(a).

30 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 31 Amended by the European Union (Term of Protection of Copyright and Related Rights) (Directive

2011/77/EU) Regulations 2013)

(5) In this section, ‘relevant date’ means the date referred to in

section 1(7) of the Copyright and Other Intellectual Property Law

Provisions Act 2019.30

Miscellaneous matters in

relation to duration. 32.—(1) Where the identity of the author of an anonymous or

pseudonymous work becomes known or is disclosed after the term of

may be, of that section shall not apply, and copyright in the work

shall be deemed to have expired 70 years from the date on which the

work was first lawfully made available to the public.

(2) Copyright shall not subsist in an anonymous or pseudonymous

literary, dramatic, musical or artistic work, or a musical composition

with words31 or original database where it is reasonable to presume

that the author has been dead for 70 years or more.

(3) Copyright shall not subsist in an anonymous or pseudonymous

film where it is reasonable to presume that the last of any of the

persons specified in section 25 has been dead for 70 years or more.

(4) In relation to works of joint authorship, the reference in section

24 to the death of the author shall be construed—

(a) where the identity of all of the authors is known, as a

reference to the death of the last of the joint authors, or

(b) where the identity of any of the authors is known and the

identity of one or more of the others is not, as a reference

to the death of the last of the joint authors whose identity

is known.

(5) In relation to a work of joint authorship, references to the

identity of the author becoming known or being disclosed shall be

construed as references to the identity of any of the authors becoming

known or being disclosed.

Expiry of copyright. 33.—Where the term of copyright in a work is not calculated from

the death of the author or authors and the work is not lawfully made

available to the public within 70 years of its creation, the copyright in

that work shall expire on the expiration of that period of 70 years.

Making available of a

work not previously

made available.

34.—Any person who, after the expiration of the copyright in a

work, lawfully makes available to the public for the first time a work

which was not previously so made available, shall benefit from rights

equivalent to the rights of an author, other than the moral rights, for

32 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 33 Inserted by the European Communities (Enforcement of Intellectual Property Rights) Regulations 2006

25 years from the date on which the work is first lawfully made

available to the public.

34. (1) Subject to subsection (2), any person who, after the expiration

of the copyright in a work, lawfully makes available to the public for

the first time a work which was not previously so made available,

shall benefit from rights equivalent to the rights of an author (other

than the moral rights) for 25 years from the date on which the work is

first lawfully made available to the public.

(2) A work is not lawfully made available to the public by a person

for the purposes of subsection (1) if the person has made the work

available to the public without first obtaining the express consent of

the owner of the physical medium in which the work is embodied, or

on which the work is recorded, to do so.32

Presumption relevant to

section 34. 34A.— In civil proceedings for infringement of a right conferred in

respect of a work made available to the public under section 34, where

copies of the work bear or incorporate a statement, label or other mark

that a named person is the owner of rights in the work under that section,

the statement, label or mark shall be admissible as evidence of the fact

stated or indicated and shall be presumed to be correct, unless the

contrary is proved.33

Calculation of term of

term shall be calculated from the first day of January of the year

following the event that gives rise to that term.

Non-application of

certain provisions on

duration to Government

36.—Sections 24 to 35 shall not apply to Government or Oireachtas

Chapter 4

Rights of Copyright Owner

Acts restricted by

provisions relating to licensing in this Part, the owner of the copyright

in a work has the exclusive right to undertake or authorise others to

undertake all or any of the following acts, namely:

(a) to copy the work;

(b) to make available to the public the work;

acts referred to in paragraph (a) or (b) in relation to an

adaptation,

34 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

and those acts shall be known and in this Act referred to as “acts

restricted by copyright”.

(2) The copyright in a work is infringed by a person who without

the licence of the copyright owner undertakes, or authorises another to

undertake, any of the acts restricted by copyright.

(3) References to the undertaking of an act restricted by the

substantial part of the work and to whether the act is undertaken

directly or indirectly.

(3) For the purposes of any reference in this Act to the undertaking

of an act restricted by the copyright in a work—

(a) ‘work’ shall be construed as a reference to—

(i) the work as a whole,

(ii) any substantial part of the work, or

(iii) rights identifying information embedded or

otherwise incorporated in the work,

and

(b) the undertaking of an act indirectly, as well as directly,

shall be taken to be included in such reference.34

Playing of sound

recordings — licences

of right.

38.—(1) Notwithstanding the provisions of section 37 , where a

person proposes to—

(a) play a sound recording in public, or

(b) include a sound recording in a broadcast or a cable

programme service,

he or she may do so as of right where he or she—

(i) agrees to make payments in respect of such playing or

inclusion in a broadcast or a cable programme service

to a licensing body, and

(ii) complies with the requirements of this section.

(2) A person may avail of the right to play a sound recording in

public or to include a sound recording in a broadcast or a cable

programme service, where he or she—

(a) gives notice to each licensing body concerned of his or her

intention to play sound recordings in public or include

sound recordings in a broadcast or a cable programme

service,

(b) informs each of those bodies of the date on and from which he

or she intends to play sound recordings in public or include

sound recordings in a broadcast or a cable programme

service,

than 3 months in arrears,

(d) complies with any reasonable conditions relating to payments

under this section as may be notified to him or her by the

licensing body from time to time, and

(e) complies with any reasonable requests for information from

the licensing body to enable it to calculate and manage

payments under this section.

(3) A person who satisfies the conditions specified in subsection (2)

shall be deemed to be in the same position as regards infringement of

the owner of the copyright in question at all material times.

(4) Where the person intending to play sound recordings in public

or to include sound recordings in a broadcast or a cable programme

service and the licensing body fail to reach agreement as to fair

payment under subsection (2) within a reasonable time, the terms of

the proposed agreement shall be referred to the Controller for

determination of the amount and terms of payment.

(5) In the case of a dispute referred to the Controller under

subsection (4), a person shall not exercise the right conferred by

subsection (1) unless he or she—

(a) gives reasonable notice to the Controller that he or she has

commenced or intends to commence the playing of sound

recordings in public and that a dispute has arisen between

him or her and the licensing body concerned as to the terms

of payment and the exercise of the right; and

(b) applies to the Controller for a determination under subsection

(4).

(6) Where the terms of a proposed agreement are referred to the

Controller under subsection (4) a person shall not exercise a right

conferred by subsection (1) unless he or she—

(a) gives notice in writing to the Controller of his or her intention

to exercise the right, and of the date on which he or she

proposes to begin to do so, and

(b) applies in writing to the Controller for a determination under

subsection (4).

(7) On an application to settle the terms of payment being referred

to the Controller, he or she shall consider the matter and make such

order as he or she may determine to be reasonable in the

circumstances and that order shall take effect on and from the date on

which the applicant begins to exercise the right, and any necessary

repayments or further payments shall be made in respect of amounts

which, in consequence of the terms of the order, have fallen due.

(8) Where no request for payment has been made by the licensing

body, or where the amount requested by the licensing body is disputed

by the person exercising the right then, pending the making of an order

by the Controller under subsection (7), the person exercising the right

shall pay to the licensing body such amount as he or she considers

reasonable, and shall notify the licensing body and the Controller of

his or her intention to do so.

(9) A person exercising the right conferred by subsection (1), or

who has given notice to the Controller of his or her intention to do so,

may also refer to the Controller the question of—

(a) whether any condition relating to payment, notice of which

has been given to him or her by the licensing body

concerned is a reasonable condition, or

(b) whether any licence condition, notice of which has been given

to him or her by the licensing body in question, is a

reasonable condition, or

information which the licensing body can reasonably

require him or her to provide.

(10) Where a reference is made under subsection (9), the Controller

shall consider the matter and make such order as he or she may

determine to be reasonable in the circumstances.

(11) A person exercising the right conferred by subsection (1) or a

licensing body may apply to the Controller to review any order under

subsection (7) or (10).

(12) An application under subsection (11) may not be made except

with the special leave of the Controller—

(a) within 12 months from the date of the order or of the decision

on a previous application under this section, or

(b) where the order was made so as to be in force for 15 months

or less or, as a result of the decision on a previous

application, is due to expire within 15 months of that

decision,

until at least 3 months before the expiration of the order.

(13) Where an application is made under subsection (11), the

Controller shall consider the matter and make such order confirming

or varying the original order as he or she may determine to be

reasonable in the circumstances and any order made under this

subsection shall be for such period as may be specified by the

Controller.

(14) This section shall not apply in any circumstances where sound

recordings are made available to the public by wire or wireless means

in such a way that members of the public may access the sound

recordings from a place and at a time individually chosen by them

(including the making available of copies of sound recordings through

the Internet).

(15) Notwithstanding section 149 , in this section “licensing body”

means a society, a company registered under the Companies Acts,

1963 to 1999, or other organisation which has as one of its objects the

negotiation or granting of licences to play sound recordings in public

or to include sound recordings in broadcasts or cable programme

services, either as owner or prospective owner of copyright in the said

sound recording or as his or her exclusive licensee, agent or

designated representative and shall include a human person who has

the right to negotiate or grant a licence to play sound recordings in

public or to include sound recordings in broadcasts or cable

programme services, either as owner or prospective owner of

Reproduction right. 39.—(1) References in this Part to copying shall be construed as

including references to all or any of the following, namely:

(a) in relation to any work—

(i) storing the work in any medium,

(ii) the making of copies which are transient or incidental

to some other use of the work;

(b) in relation to an artistic work, the making of a copy in three

dimensions of a two dimensional work and the making of a

copy in two dimensions of a three dimensional work;

making a photograph of the whole or a substantial part of

any image forming part of the film, broadcast or

programme;

(d) in relation to a typographical arrangement of a published

edition, making a reprographic copy of the arrangement.

(2) There shall be a right of the owner of copyright to copy a work

or to authorise others to do so which shall be known and in this Part

referred to as the “reproduction right”.

35 Deleted by the Copyright and Related Rights (Amendment) Act 2007

Making available right. 40.—(1) References in this Part to the making available to the

public of a work shall be construed as including all or any of the

following, namely:

(a) making available to the public of copies of the work, by wire

or wireless means, in such a way that members of the

public may access the work from a place and at a time

chosen by them (including the making available of copies

of works through the Internet);

(b) performing, showing or playing a copy of the work in public;

(d) including a copy of the work in a cable programme service;

(e) issuing copies of the work to the public;

(f) renting copies of the work;

(g) lending copies of the work without the payment of

remuneration to the owner of the copyright in the work35,

and references to “lawfully making available to the public” shall mean

the undertaking of any of the acts referred to in paragraphs (a) to (g)

by or with the licence of the copyright owner.

(2) References in this Part to the making available to the public of

copies of a work shall include the making available to the public of the

original of the work.

(3) Subject to subsection (4), the provision of facilities for enabling

the making available to the public of copies of a work shall not of

itself constitute an act of making available to the public of copies of

the work.

(4) Without prejudice to subsection (3), where a person who

provides facilities referred to in that subsection is notified by the

owner of the copyright in the work concerned that those facilities are

being used to infringe the copyright in that work and that person fails

to remove that infringing material as soon as practicable thereafter that

person shall also be liable for the infringement.

(5) Without prejudice to subsection (4), the Minister may prescribe

the form of the notice to be given under that subsection and the form

shall specify—

(a) the name and address of the person claiming to be the owner

of the copyright in the work concerned,

(b) the grounds that the person requesting the removal of material

has for such removal, and

36 Inserted by the European Union (Copyright and Related Rights) Regulations 2012 37 Inserted by the Copyright and Related Rights (Amendment) Act 2004

(5A) (a) The owner of the copyright in a work may, in respect of that

work, apply to the High Court for an injunction against an

intermediary to whom paragraph 3 of Article 8 of Directive

2001/29/EC of the European Parliament and of the Council of 22 May

2001 on the harmonisation of certain aspects of copyright and related

rights in the information society applies.

(b) In considering an application for an injunction under this

subsection, the court shall have due regard to the rights of any person

likely to be affected by virtue of the grant of any such injunction and

the court shall give such directions (including, where appropriate, a

direction requiring a person be notified of the application) as the court

considers appropriate in all of the circumstances.36

(6) References in this Part to “performance”, in relation to a work,

shall include—

(a) delivery, in the case of lectures, addresses, speeches and

sermons, and

(b) any means of presentation of sounds or images, or any

combination of sounds or images or representations

thereof, including presentation by means of a sound

recording, film, broadcast or cable programme of the work.

(7) Where copyright in a work is infringed by its being performed,

played or shown in public, by means of apparatus for receiving

sounds, images or data or any combination of sounds, images or data,

or the representations thereof, conveyed by any means, the person by

whom sounds, images or data or any combination of sounds, images or

data, or the representations thereof, are sent shall not be regarded as

liable for the infringement and a performer shall not be regarded as

liable for the infringement to the extent that the infringement relates to

his or her activity as a performer.

(7A) For the avoidance of doubt, no infringement of any right

created by this Part in relation to an artistic or literary work occurs by

reason of the placing on display the work, or a copy thereof, in a place

or premises to which members of the public have access.37

(8) There shall be a right of the owner of copyright to make

available to the public copies of a work or to authorise others to do so

which shall be known and in this Part referred to as the “making

available right”.

Distribution right. 41.—(1) References in this Part to the issue of copies of a work to

the public shall be construed as including:

(a) the act of putting into circulation in a Member State of the

EEA copies not previously put into circulation in a

Member State of the EEA by or with the licence of the

(b) the act of putting into circulation outside the Member States

of the EEA copies not previously put into circulation in a

Member State of the EEA or elsewhere.

(2) Without prejudice to the rental right or the lending right,

references in this Part to the issue of copies of a work to the public

shall not include:

(a) any subsequent circulation of copies previously put into

circulation; or

(b) any subsequent importation of such copies into the State or

any other Member State of the EEA,

except in so far as subsection (1)(a) applies to putting into circulation

in the Member States of the EEA copies previously put into circulation

outside the Member States of the EEA.

(3) References in this section to “circulation” shall include sale,

rental or loan.

(4) There shall be a right of the owner of copyright to issue copies

of a work to the public or to authorise others to do so which shall be

known and in this Part referred to as the “distribution right”.

Rental and lending right. 42.—(1) References in this Part to “rental” or “lending” shall be

construed as including references to the rental or lending of:

(a) a literary, dramatic or musical work, film or original database;

(b) an artistic work, other than—

(i) a work of architecture in the form of a building or a

model for a building, or

(ii) a work of applied art;

(d) a typographical arrangement of a published edition,

and shall not include, in the case of a computer program, rentals where

the program itself is not the essential object of the rental.

(2) In this Part, subject to subsection (3)—

(a) “rental” means making a copy of a work available for use, on

terms that it is to be or may be returned after a limited

period of time, for direct or indirect economic or

commercial advantage, and

38 Inserted by the Copyright and Related Rights (Amendment) Act 2007 39 Inserted by the Copyright and Related Rights (Amendment) Act 2007

(b) “lending” means making a copy of a work available for use,

on terms that it is to be or may be returned after a limited

period of time, otherwise than for direct or indirect

economic or commercial advantage, through an

establishment to which members of the public have access.

(3) References in this Part to “rental” or “lending” shall not include

the making available of copies of a work for the purposes of—

(a) performing, playing or showing in public, broadcasting or

inclusion in a cable programme service,

(b) exhibition in public, or

(4) The making of a copy of a work available between

establishments to which members of the public have access shall not

infringe the copyright in the work.

(5) For the purpose of this section, where lending by an

establishment to which members of the public have access gives rise

to a payment the amount of which does not exceed that which is

necessary to cover the operating costs of the establishment, there is no

direct or indirect economic or commercial advantage.

(6) (a) There shall be a right of the owner of copyright to rent

copies of a work or to authorise others to do so which shall

be known and in this Part referred to as the “rental right”.

(b)There Subject to subsection (7), there38 shall be a right of the

owner of copyright to lend copies of a work or to authorise

others to do so which shall be known and in this Part

referred to as the “lending right”.

(7) The lending right in relation to a work does not apply at any time

in a period during which a scheme for the remuneration of authors is

in effect, pursuant to section 42A, in relation to works of a class in

which that work is included, whether the author, or (in the case of a

work of joint authorship) any of the authors, is a participant in that

scheme or not..39

Public Lending

Remuneration Scheme 42A.— (1) The Minister for the Environment, Heritage and Local

Government may by regulation establish a scheme, to be known as the

Public Lending Remuneration Scheme, to remunerate authors, out of

moneys voted by the Oireachtas for the purpose, for the lending by

public libraries of qualifying works.

(2) For the purposes of subsection (1), a work is a qualifying work in

relation to a particular period if—

(a) in relation to that period, it is a work included in a class of

works declared by regulations made for the purposes of

that subsection to be a class of works to which the

scheme applies, and

(b) the author of the work (or, in the case of a work of joint

authorship, any one or more of the joint authors) is a

citizen or subject of, or is an individual domiciled or

ordinarily resident in, a Member State of the EEA.

(3) Regulations made for the purposes of subsection (1) shall make

comprehensive provision for the operation of the Public Lending

Remuneration Scheme, and may include, in particular, provisions

relating to—

(a) the manner of participation in the scheme by individual

authors, including, but not limited to—

(i) a requirement for the registration of authors and their

works as a condition of participation in the scheme,

and

(ii) in the case of works of joint authorship, provision for

distinguishing, between those of the joint authors

who are citizens or subjects of, or are individuals

domiciled or ordinarily resident in, Member States of

the EEA and those who are not,

(b) in relation to any requirement for the registration of

authors—

(i) the manner of maintaining the register, and

(ii) the form and particulars of entries in it,

authors, including, but not limited to—

(i) the manner of calculating, or estimating, the number

of instances of lending of the works of individual

authors or of individual works of individual authors,

(ii) the rate of remuneration, including—

(I) differential rates of remuneration for particular

classes of work, and

(II) in the case of works of joint authorship,

differential rates of remuneration for the individual

joint authors,

(iii) the periods in respect of which payments may be

made under the scheme, and

40 Inserted by the Copyright and Related Rights (Amendment) Act 2007

(iv) minimum and maximum amounts payable, in

respect of a specified period, to individual

participating authors,

(d) the manner in which payments under the scheme are to be

made,

(e) the establishment or designation of one or more persons or

bodies to exercise powers and perform duties in respect

of the administration of the scheme or any part of it

(including the making of payments under the scheme),

and

(f) the making of arrangements with authorities in other

countries for—

(i) reciprocal registration of authors and works, and

(ii) the sharing and exchange of data relating to the

operation of the scheme and similar schemes in those

countries.

(4) A person who contravenes a provision of regulations made for the

purposes of subsection (1) that is expressed to be a provision

contravention of which attracts the operation of this subsection is

guilty of an offence punishable on summary conviction by a fine not

exceeding €5,000.

(5) In this section—

‘author’ includes, in relation to a recording of a performance,

the performer;

‘public library’ means a library to which members of the

public have access that is operated by or under the direction of

a library authority within the meaning of section 77(1) of the

Local Government Act 2001.40

Infringement by

adaptation of works. 43.—(1) For the purposes of section 37 —

(a) an adaptation is made when it is recorded in writing or

otherwise, and

(b) it shall be immaterial to the interpretation of this section

whether the adaptation has been recorded in writing or

otherwise at the time an act restricted by copyright is

undertaken.

(2) Without prejudice to the generality of section 37 (1)(c), in this

Part, “adaptation” in relation to—

(a) a literary or dramatic work, film, sound recording, broadcast,

cable programme or typographical arrangement of a

published edition, includes—

(i) a translation, arrangement or other alteration of the

work,

(ii) a version of a dramatic work which is converted into a

non-dramatic work or the conversion of a non-dramatic

work into a dramatic work, and

(iii) a version of a work in which the story or action is

conveyed wholly or mainly by means of pictures in a

form suitable for reproduction;

(b) a musical work, includes a translation, arrangement or other

alteration or transcription of the work;

works, an arrangement or other alteration of the work;

(d) a computer program, includes a translation, arrangement or

other alteration of the computer program; or

(e) an original database, includes a translation, arrangement or

other alteration of the original database.

(3) In this section “translation”, in relation to a computer program,

includes the making of a version of the computer program in which it

is converted into or out of a computer language or code or into a

different computer language or code.

Chapter 5

Secondary Infringement of Copyright

Interpretation of

infringing copy. 44.—(1) In this Part “infringing copy”, in relation to a copyright

work, shall be construed in accordance with this section.

(2) A copy shall be an infringing copy—

(a) where the making of it constitutes an infringement of the

(b) where it has been or is to be imported into the State, and its

making in the State would have constituted an

infringement of the copyright in the work concerned, or a

breach of an exclusive licence agreement relating to that

work.

(3) A copy of a work which has previously been issued to the

public in accordance with section 41 in any Member State of the EEA

by, or with the licence of, the copyright owner shall not be deemed to

be an infringing copy for the purposes of subsection (2).

(4) Where, in any proceedings for infringement of the copyright in

a work, the issue arises whether a copy is an infringing copy and it is

proved that—

(a) the copy is a copy of the work concerned, and

(b) copyright subsists in that work or has subsisted at any time in

that work,

it shall be presumed until the contrary is proved that the copy was

made at a time when copyright subsisted in the work.

Secondary infringement:

dealing with infringing

copy.

45.—A person infringes the copyright in a work where he or she

without the licence of the copyright owner—

(a) sells, rents or lends, or offers or exposes for sale, rental or

loan,

(b) imports into the State, otherwise than for his or her private

and domestic use,

her possession, custody or control, or makes available to

the public, or

(d) otherwise than in the course of a business, trade or

profession, makes available to the public to such an extent

as to prejudice the interests of the owner of the copyright,

a copy of the work which is, and which he or she knows or has reason

to believe is, an infringing copy of the work.

Secondary infringement:

providing means for

making infringing

copies.

46.—(1) A person infringes the copyright in a work where he or

she, without the licence of the copyright owner—

(a) makes,

(b) sells, rents or lends, or offers or exposes for sale, rental or

loan,

(d) has in his or her possession, custody or control,

an article specifically designed or adapted for making copies of that

work, knowing or having reason to believe that it has been or is to be

used to make infringing copies.

(2) A person infringes the copyright in a work where he or she,

without the licence of the copyright owner, transmits the work by

means of a telecommunications system (otherwise than by

broadcasting or inclusion in a cable programme service) knowing or

having reason to believe that infringing copies of the work may be

made by means of the reception of the transmission in the State or

elsewhere.

Secondary infringement:

permitting use of

premises for infringing

performances.

47.—(1) Where the copyright in a work is infringed by a

performance at a place of public entertainment, any person who gave

permission for that place to be used for the performance shall also be

liable for the infringement unless, when that person gave permission,

he or she had reason to believe that the performance would not

infringe copyright.

(2) In this section, “place of public entertainment” includes

premises which are occupied mainly for other purposes and which are

from time to time made available for hire for the purpose of public

entertainment.

Secondary infringement:

permitting use of

apparatus for infringing

performances.

48.—Where the copyright in a work is infringed by a public

performance of the work, or by playing or showing the work in public,

by means of apparatus for—

(a) playing sound recordings,

(b) showing films, or

images, or the representations thereof, conveyed by any

means,

the following persons shall also be liable for the infringement:

(i) a person who supplied the apparatus, or any substantial part

thereof if, when he or she supplied the apparatus or part

thereof—

(I) he or she knew or had reason to believe that the

apparatus was likely to be used to infringe copyright,

(II) in the case of apparatus the normal use of which

involves a public performance, playing or showing, he

or she had reason to believe that it would be used to

infringe copyright;

(ii) an owner or occupier of premises who gave permission for

the apparatus to be brought onto the premises if, when the

owner or occupier gave permission, he or she knew or had

reason to believe that the apparatus was likely to be used to

infringe copyright; and

(iii) a person who supplied a copy of a sound recording or film

used to infringe copyright if, when the person supplied it,

he or she knew or had reason to believe that what was

supplied, or a copy made directly or indirectly therefrom,

was likely to be used to infringe copyright.

41 Inserted by the European Union (Copyright and Related Rights) Regulations 2004

Chapter 6

Acts Permitted in Relation to Works Protected by Copyright

Exemptions in respect of

category of exemption and the exemption of an act under one category

of exemption shall not preclude its exemption under another category.

Fair dealing: research or

private study. 50.—(1) Fair dealing with a literary, dramatic, musical or artistic

work, sound recording, film, broadcast, cable programme, or non-

electronic original database, for the purposes of research or private

study, shall not infringe any copyright in the work.

(2) Fair dealing with a typographical arrangement of a published

edition for the purposes of research or private study shall not infringe

any copyright in the arrangement.

(3) The copying by a person, other than the researcher or private

student, is not fair dealing where—

(a) in the case of a librarian or archivist, he or she does anything

which is not permitted under section 63, or

(b) in any other case, the person copying knows or has reason to

believe that the copying will result in copies of

substantially the same material being provided to more

than one person at approximately the same time and for

substantially the same purpose.

(4) In this Part, “fair dealing” means the making use of a literary,

dramatic, musical or artistic work, film, sound recording, broadcast,

cable programme, non-electronic original database or typographical

arrangement of a published edition which has already been lawfully

made available to the public, for a purpose and to an extent which will

not unreasonably prejudice the interests of the owner of the copyright.

(5) In this Part, the following acts are not fair dealing—

(a) converting a computer program expressed in a low level

computer language into a version expressed in a higher

level computer language, or

(b) copying a computer program in an incidental manner in the

course of converting that program.

(6) The exemption provided for in this section shall not apply to

reproductions of sheet music, on paper or any similar

medium, effected by the use of any kind of photographic

technique or by some other process having similar effects.41

42 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 43 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

Fair dealing: criticism or

review. 51.—(1) Fair dealing with a work for the purposes of criticism or

review of that or another work or of a performance of a work shall not

infringe any copyright in the work where the criticism or review is

accompanied by a sufficient acknowledgement.

(2) Fair dealing with a work (other than a photograph) for the

purpose of reporting current events shall not infringe copyright in that

work, where the report is accompanied by a sufficient

acknowledgement.

(2) It is not an infringement of the rights conferred by this Part if a

copy of a work (other than a photograph) on current economic,

political or religious matters or similar matters is made by a media

business (within the meaning of section 28A(1) of the Competition

Act 2002) and communicated by the media business to the public if—

(a) such use is not expressly reserved, and

(b) the copy and communication are accompanied by a sufficient

acknowledgement.

(2A) Where a copy which would otherwise be an infringing copy is

made under subsection (2) but is subsequently sold, rented or lent, or

offered or exposed for sale, rental or loan, or otherwise made available

to the public, it shall be treated as an infringing copy for those

purposes and for all subsequent purposes.42

(3) In this Part this Act43, “sufficient acknowledgement” means an

acknowledgement identifying the work concerned by its title or other

description and identifying the author unless—

(a) in the case of a work which has been lawfully made available

to the public, it was so made available anonymously, or

(b) in the case of a work which has not been made available to

the public, it is not possible for a person without previous

knowledge of the facts to ascertain the identity of the

author of the work by reasonable enquiry.

Incidental inclusion of

an incidental manner in another work.

(2) The copyright in a work is not infringed by the making available

to the public of copies of anything the making of which was not, by

virtue of subsection (1), an infringement of the copyright.

(3) A work shall not be regarded as included in an incidental

manner in another work where it is included in a manner where the

interests of the owner of the copyright are unreasonably prejudiced.

44 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019 45 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 46 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 47 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 48 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(4) The copyright in a work which has been lawfully made

available to the public is not infringed by the use of quotations or

extracts from the work, where such use does not prejudice the

interests of the owner of the copyright in that work and such use is

accompanied by a sufficient acknowledgement.

(5) Fair dealing with a work for the purposes of caricature, parody or

pastiche shall not infringe the copyright in that work.44

Education

Acts done for purposes

of instruction or

examination.

53.—(1) Subject to subsection (2), the copyright in a literary,

dramatic, musical or artistic work or the typographical arrangement of

a published edition is not infringed by its being copied in the course of

instruction or of preparation for instruction education or of

preparation for education.45

(2) Subsection (1) shall not apply unless—

(a) the copying is done by or on behalf of a person giving or

receiving instruction education,46

(b) the copying is not by means of a reprographic process, and

(3) Subject to subsection (4), the copyright in a sound recording,

film, broadcast, cable programme or an original database is not

infringed by its being copied in the course of instruction or of

preparation for instruction education or of preparation for education.47

(4) Subsection (3) shall not apply unless—

(a) the copying is done by or on behalf of a person giving or

receiving instruction education,48

(b) the copying results in only a single copy being made, and

(5) Subject to subsection (6), the copyright in a work is not

infringed by anything done for the purposes of an examination by way

of setting questions, communicating questions to the candidates or

answering questions.

(6) Subsection (5) shall not apply to the making of a reprographic

copy of a musical work for use by an examination candidate in

performing the work.

49 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

(7) Where a copy that would otherwise be an infringing copy is

made under this section but is subsequently sold, rented or lent, or

offered or exposed for sale, rental or loan, or otherwise made available

to the public, it shall be treated as an infringing copy for those

purposes and for all subsequent purposes.

Text and data mining for

non-commercial

research

53A. (1) Subject to subsection (3), the making of a copy of a work by

a person who has lawful access to the work does not infringe

(a) made in order that the person may carry out a

computational analysis of anything in the work for the sole

purpose of research for a non-commercial purpose, and

(b) accompanied by a sufficient acknowledgement.

(2) A copy made under subsection (1) of a work which was, at the

time when the copy was made, available without a restriction as to its

access does not infringe copyright, and whether or not that work

continues to be so available after that time.

(3) Where a copy of a work has been made under subsection (1)

by a person, the copyright in the work is infringed where the copy—

(a) is transferred to any other person, except where the transfer

is authorised by the copyright owner, or

(b) is used for any purpose other than the purpose referred to

in subsection (1)(a).

(4) Without prejudice to section 374, nothing in Part VII shall be

construed as operating to prevent a person from undertaking an act

permitted by this section.

(5) Without prejudice to the generality of section 52(1), where the

publication of the results of a computational analysis referred to in

subsection (1)(a) of a copy of a work includes the reproduction of

extracts from the work, such inclusion shall constitute inclusion in an

incidental manner referred to in section 52(1) if the extracts are not

more than are reasonably necessary to explain, or to assist in

explaining, the results of the analysis.49

Anthologies for

educational use. 54.—(1) Subject to subsection (2), the inclusion of a short passage

from a literary, dramatic or musical work, original database or

typographical arrangement of a published edition which has been

lawfully made available to the public in a collection that—

(a) is intended for use—

50 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 51 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(i) in educational establishments and is so described in its

title, or

(ii) in any advertisements issued by or on behalf of the

publisher,

and

(b) consists mainly of material in which no copyright subsists,

shall not infringe the copyright in the work where the work itself is

not intended for use in those establishments and the inclusion is

accompanied by a sufficient acknowledgement.

(2) Subsection (1) shall not authorise the inclusion of more than 2

excerpts from works by the same author in collections which have

been lawfully made available to the public by the same publisher

within a period of 5 years.

(3) In relation to any given passage the reference in subsection (2)

to excerpts from works of the same author—

(a) includes excerpts from works by him or her in collaboration

with another author, and

(b) where the passage concerned is from such a work, includes

excerpts from works by any of the authors, whether alone

or in collaboration with another author.

(4) References in this section to the use of a work in an educational

establishment shall be construed as references to any use of that work

for the educational purposes of that establishment.

Performing, playing or

showing work in course

of activities of

educational

establishment.

55.—(1) The performance of a literary, dramatic or musical work

before an audience limited to persons who are teachers in or pupils in

attendance at an educational establishment or other persons directly

connected with the activities of that establishment—

(a) by a teacher or pupil in the course of the activities of the

establishment concerned, or

(b) at the establishment by any person for the purposes of

instruction education,50

is not a public performance for the purposes of infringement of

(2) The playing or showing of a sound recording, film, broadcast or

cable programme at an educational establishment before an audience

referred to in subsection (1) for the purposes of instruction education51

is not a playing or showing of the work in public for the purposes of

infringement of copyright.

(3) For the purposes of this section, a person is not directly

connected with the activities of an educational establishment by

reason only that he or she is a parent or guardian of a pupil in

attendance at the educational establishment concerned.

(4) The Minister may specify by order establishments (other than

schools) to be educational establishments for the purposes of this Act.

Recording by

educational

establishments of

broadcasts and cable

programmes.

56.—(1) A fixation of a broadcast or a cable programme, or a copy

of such a fixation, may be made by or on behalf of an educational

establishment for the educational purposes of that establishment

without infringing the copyright in the broadcast or cable programme,

or in any work included in the broadcast or cable programme.

(2) This section shall not apply where there is a licensing scheme

certified under section 173 and the person making the copies knew or

ought to have been aware of the existence of the licensing scheme.

(3) Where a copy which would otherwise be an infringing copy is

made under this section but is subsequently sold, rented or lent, or

offered or exposed for sale, rental or loan, or otherwise made available

to the public, it shall be treated as an infringing copy for those

purposes and for all subsequent purposes.

Reprographic copying

by educational

establishments of certain

works.

57.—(1) Reprographic copies of passages from literary, dramatic or

musical works or typographical arrangements of published editions or

original databases which have been lawfully made available to the

public may, to the extent permitted under this section, be made by or

on behalf of an educational establishment for the educational purposes

of that establishment without infringing any copyright in the work,

subject to those copies being accompanied by a sufficient

acknowledgement.

(2) Not more than 5 per cent of any work may be copied by or on

behalf of an educational establishment under this section in any

calendar year.

(3) This section shall not apply where there is a licensing scheme

certified under section 173 and the person making the copies knew or

ought to have been aware of the existence of the licensing scheme.

(4) The terms of a licence granted to an educational establishment

authorising the reprographic copying for the educational purposes of

that establishment of passages from literary, dramatic or musical

works or the typographical arrangements of published editions or

original databases, which have been lawfully made available to the

public, shall be void in so far as they purport to restrict the proportion

of a work which may be copied (whether on payment or free of

charge) to less than that which would be permitted under this section.

(5) Where a copy which would otherwise be an infringing copy is

made under this section but is subsequently sold, rented or lent, or

offered or exposed for sale, rental or loan, or otherwise made available

52 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019 53 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

to the public, it shall be treated as an infringing copy for those

purposes and for all subsequent purposes.

Illustration for

education, teaching or

scientific research

57. (1) Subject to subsections (2) to (4), it is not an infringement of

the rights conferred by this Part—

(a) to make or cause to be made a copy or communication

of a work for the sole purpose of illustration for education,

teaching or scientific research or of preparation for education,

teaching or scientific research, or

(b) for an educational establishment, for the educational

purposes of that establishment, to reproduce or cause to be

reproduced a work, or to do or cause to be done, any other

necessary act, in order to display it.

(2) Subsection (1) shall apply only if the reproduction or

communication is—

(a) made for purposes that are non-commercial,

(b) made only to the extent justified by the non-commercial

purposes to be achieved, and

(3) Not more than 5 per cent of any work can be copied under this

section in any calendar year.

(4) Where a copy which would otherwise be an infringing copy is

made under this section but is subsequently sold, rented or lent, or

offered or exposed for sale, rental or loan, or otherwise made available

to the public, it shall be treated as an infringing copy for those

purposes and for all subsequent purposes52.

Distance learning

provided by educational

establishment

57A. It is not an infringement of the rights conferred by this Part

for—

(a) an educational establishment, for the educational purposes of

that establishment, to communicate a work as part of a lesson or

examination to a student of that establishment by telecommunication,

and

(b) a student who has received such a lesson or examination to

make a copy of the work in order to be able to listen to or view it at a

more convenient time.53

Use by educational

establishment of work

available through

Internet

57B. (1) Subject to subsection (2), it is not an infringement of the

rights conferred by this Part if an educational establishment, for the

educational purposes of that establishment, makes a copy or

communication of a work that is available through the Internet.

54 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019 55 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 56 Inserted by the Copyright and Related Rights (Amendment) Act 2007

(2) Subsection (1) shall not apply unless the copy or

communication of the work concerned is accompanied by a sufficient

acknowledgement.54

Licensing schemes for

educational

establishments

57C. (1) An exemption in respect of education provided in section

57, 57A, 57B, 61(2), 62(2), 67(3), 92, 221, 225B, 225C, 225D,

229(2), 234(3), 245(3)(a) or 329 shall not apply where—

(a) there is a licensing scheme certified under section 173 that is

applicable to the exemption concerned, and

(b) the person making use of the work knew or ought to have been

aware of the existence of the licensing scheme.

(2) The terms of a licence granted to an educational establishment

on foot of a licensing scheme certified under section 173 shall be void

in so far as they purport to restrict the proportion of a work which may

be copied or communicated (whether on payment or free of charge) to

less than that which would be permitted under section 57, 61 or 62, as

the case may be.

(3) Sections 152 to 155 shall apply in relation to a licensing scheme

referred to in subsection (1)(a) as if the scheme were one to which

those sections applied pursuant to section 150.55

by lending. Copyright

not infringed by lending

by educational

establishments.

58.—(1) Subject to subsection (2), educational establishments and

establishments to which members of the public have access shall be

exempt from the payment of remuneration under section 40 (1)(g) and

shall not infringe the copyright in a work by the lending of copies of

the work.

(2) The Minister shall prescribe the educational establishments and

the establishments to which members of the public have access for the

purposes of subsection (1).

The copyright in a work is not infringed by the lending by an

educational establishment of a copy of the work.56

Libraries and Archives

Regulations relating to

copying by libraries and

archives.

59.—(1) The Minister may make regulations for the purposes of

this section and those regulations may make different provisions for

different descriptions of libraries or archives and for different

purposes.

(2) Without prejudice to the generality of subsection (1), the

Minister may prescribe the libraries and archives to which sections 60

57 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 58 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019 59 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019 60 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019 61 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

to 67 sections 60 to 6757 apply and may prescribe all or any of the

following:

(a) the conditions that are to be complied with when a librarian

or archivist of a prescribed library or prescribed archive

makes and supplies, or causes to be made and supplied,58 a

copy of any part of a work which has been lawfully made

available to the public to a person requiring a copy;

(b) the conditions that are to be complied with when a librarian

or archivist of a prescribed library or prescribed archive

makes and supplies, or causes to be made and supplied,59

to another prescribed library or prescribed archive a copy

of a work or part of a work which has been lawfully made

available to the public and is required by that other

prescribed library or prescribed archive;

or archivist of a prescribed library or prescribed archive

makes, or causes to be made,60 a copy of a work in the

permanent collection of the prescribed library or prescribed

archive in order to preserve or replace that work in the

permanent collection of that library or archive, or in the

permanent collection of another prescribed library or

prescribed archive;

(d) the conditions that are to be complied with by a librarian or

archivist of a prescribed library or prescribed archive when

making or supplying, or causing to be made or supplied,61

a copy of the whole or part of certain works which have

not been lawfully made available to the public from a work

in the prescribed library or prescribed archive to a person

requiring the copy.

Libraries and archives:

declarations. 60.—(1) Where regulations made by the Minister under section 59

require a librarian or archivist to be satisfied as to any matter before

making or supplying a copy of a work—

(a) the librarian or archivist concerned may rely on a declaration

as to that matter by the person requesting the copy, unless

the librarian or archivist is aware that it is false in a

material particular, and

(b) in such cases as may be prescribed, the librarian or archivist

shall not make or supply the copy in the absence of a

declaration in such form as may be prescribed.

62 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 63 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(2) Where a person requesting a copy of a work makes a declaration

which is false in a material particular and is supplied with a copy

which would have been an infringing copy if made by him or her—

(a) he or she shall be liable for infringement of copyright as if he

or she had made the copy, and

(b) the copy shall be treated as an infringing copy.

Copying by librarians or

archivists: articles in

periodicals.

61.—(1) The librarian or archivist of a prescribed library or

prescribed archive may, where the prescribed conditions are complied

with, make and supply a copy of an article or the contents page in a

periodical without infringing any copyright in the article, the contents

page or in any illustrations accompanying the article or the contents

page or in the typographical arrangement.

(2) A copy made under subsection (1) shall not be supplied other

than to a person who satisfies the librarian or archivist that he or she

requires that copy for the purposes of research education, research62 or

private study and he or she shall not use it for any other purpose and

that person shall not be furnished with more than one copy of the

same article unless the person satisfies the librarian or archivist that

the previous copy has been lost, stolen, discarded or destroyed or a

reasonable period of time has elapsed, and that person shall not be

furnished with more articles from a volume of a periodical than the

number of issues that comprise that volume or 10 per cent of the

volume, whichever is the greater.

(3) In this section, “article” includes an item of any description in a

periodical with the exception of the table of contents.

Copying by librarians or

archivists: parts of works

lawfully made available

to public.

62.—(1) The librarian or archivist of a prescribed library or

prescribed archive may, where the prescribed conditions are complied

with, make and supply a copy of part of a work (other than an article

or the contents page in a periodical) which has been lawfully made

available to the public without infringing any copyright in the work, in

any illustrations accompanying the work or in the typographical

arrangement.

(2) A copy made under subsection (1) shall not be supplied other

than to a person who satisfies the librarian or archivist that he or she

requires that copy for the purposes of research education, research63 or

private study and he or she shall not use it for any other purpose and

that person shall not be furnished with more than one copy of the

same material unless the person satisfies the librarian or archivist that

the previous copy has been lost, stolen, discarded or destroyed or a

reasonable period of time has elapsed, and that person shall not be

furnished with a copy of more than a reasonable proportion of any

work.

64 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

Multiple copying. 63.—(1) A copy of a work shall not be supplied under section 61 or

62 to more than 3 persons whose requirements are related to any

similar requirement of any other person.

(2) For the purposes of subsection (1)—

(a) the requirements of persons shall be deemed to be similar

where the requirements are for copies of substantially the

same material at approximately the same time and for

substantially the same purpose, and

(b) the requirements of persons shall be deemed to be related

where those persons receive instructions education64 to

which the material is relevant at the same time and place.

Copying by librarians or

archivists: supply of

copies to other libraries

and archives.

64.—(1) The librarian or archivist of a prescribed library or

prescribed archive may, where the prescribed conditions are complied

with, make and supply to another prescribed library or prescribed

archive a copy of—

(a) a periodical or articles or the contents page contained therein,

(b) the whole or part of a work,

which has been lawfully made available to the public, without

infringing any copyright in the periodical, in the article, in the

contents page or in the work, in any illustrations accompanying the

periodical, the article, the contents page or the work or in the

typographical arrangement.

(2) Subsection (1) shall not apply where, at the time the copy is

made, the librarian or archivist making it could, by reasonable

enquiry, obtain the consent of a person entitled to authorise the

making of the copy.

Copying by librarians or

archivists: replacement

copies of works.

65.—(1) The librarian or archivist of a prescribed library or

prescribed archive may, where the prescribed conditions are complied

with, make a copy of a work in the permanent collection of the library

or archive in order—

(a) to preserve or replace that work by placing the copy in the

permanent collection of that library or archive in addition

to or in place of that work, or

(b) to replace in the permanent collection of another prescribed

library or prescribed archive a work which has been lost,

destroyed or damaged,

without infringing the copyright in the work, in any illustrations

accompanying the work or in the typographical arrangement.

65 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019 66 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019 67 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

(2) This section shall only apply where it is not reasonably

practicable to purchase a copy of the work concerned for the purposes

of subsection (1).

Copying by librarians or

archivists for certain

purposes.

66.—(1) The librarian or archivist of a prescribed library or

prescribed archive may, where the prescribed conditions are complied

with, make, or cause to be made,65 a copy of a work in the permanent

collection of the library or archive—

(a) for the purposes of obtaining insurance cover for the works

concerned;

(b) for purposes of security;

(including a published catalogue relating to an

exhibition);66

(d) for exhibition in the library or archive; or

(e) for the purposes of informing the public of an exhibition,

without infringing any copyright in the work, in any illustrations

accompanying the work, or in the typographical arrangement.

(2) This section shall apply to copying conducted for the curatorial

purposes specified in subsection (1), and to an extent reasonably

justified by the non-commercial purpose to be achieved.

(2) This section shall apply to copying—

(a) conducted for the curatorial purposes referred to in subsection

(1),

(b) to an extent reasonably justified by the non-commercial

purpose to be achieved, and

Copying by librarians or

archivists: certain works

not lawfully made

available to public.

67.—(1) The librarian or archivist of a prescribed library or

prescribed archive may, where the prescribed conditions are complied

with, make and supply a copy of a work or part of a work which has

not been lawfully made available to the public from any work in the

permanent collection of the library or archive without infringing the

or in the typographical arrangement.

(2) This section shall not apply where the copyright owner has

prohibited copying of the work and at the time the copy is made the

librarian or archivist making the copy knew, or ought to have been

aware of, that fact.

68 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 69 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019 70 Repealed by the Copyright and Related Rights (Amendment) Act 2007

(3) A copy made under subsection (1) shall not be supplied other

than to a person who satisfies the librarian or archivist that he or she

requires that copy for the purposes of research education, research68 or

private study and he or she will not use it for any other purpose and

that person shall not be furnished with more than one copy of that

work or part of that work.

Copy of work required

to be made as condition

of export.

68.—Where a work of cultural or historical importance or interest

may not lawfully be exported from the State unless a copy of it is

made and deposited in a library, archive or other institution designated

by the Minister for Arts, Heritage, Gaeltacht and the Islands under

section 50 of the National Cultural Institutions Act, 1997, it shall not

be an infringement of copyright to make that copy.

Format shifting by

librarians or archivists 68A. (1) Subject to subsection (2), it is not an infringement of the

rights conferred by this Part where the librarian or archivist of a

prescribed library or prescribed archive makes, or causes to be made,

a copy of a work, in the permanent collection of the library or archive,

in a different form to that which the copy takes if—

(a) that librarian or archivist lawfully uses the means used to make

the copy, and

(b) the copy is made solely for preservation or archival purposes

where those purposes are neither directly nor indirectly commercial.

(2) Subsection (1) shall not apply where—

(a) the work being copied is an infringing copy, and

(b) the librarian or archivist making the copy, or causing it to be

made, did not have reasonable grounds for believing that the work

was not an infringing copy.69

Copying by librarians or

archivists: exemptions. 69.—The librarian or archivist of a library or archive prescribed by

the Minister for the purpose of lending shall be exempt from the

payment of remuneration under section 40 (1)(g) and shall not

infringe the copyright in a work by the lending of copies of that work.

A librarian, archivist, person or establishment shall be exempt from

the payment of remuneration under section 40 (1)(g) and shall not

infringe the copyright in a work by the lending of a copy of that work

to a library or archive prescribed by the Minister for the purpose of

receiving such loans.70

Fair dealing by librarians

and archivists 69A. (1) Without prejudice to the generality of section 50(1), the

communication, by the librarian or archivist of a prescribed library or

prescribed archive, to members of the public of copies of works in the

permanent collection of the library or archive, by dedicated terminals

on the premises of the library or archive, shall constitute fair dealing

71 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019 72 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

with the works for the purposes of that section where the

communication is—

(a) undertaken for the sole purpose of education, teaching,

research or private study, and

(b) accompanied by a sufficient acknowledgement.

(2) Without prejudice to the generality of section 50(1), the brief

and limited display of a copy of a work—

(a) either—

(i) in a prescribed library or prescribed archive or by the

librarian or archivist of a prescribed library or prescribed archive,

(ii) during the course of a public lecture given in a

prescribed library or prescribed archive or given by the librarian or

archivist of a prescribed library or prescribed archive,

(b) undertaken for the sole purpose of education, teaching,

research or private study where such purpose is neither directly nor

indirectly commercial, and

shall constitute fair dealing with the work for the purposes of

section 50(1).71

Copying by librarians or

archivists: infringing

copy.

70.—Where a copy which would otherwise be an infringing copy is

made under section 61 , 62 , 64 , 65 , 67 or 68 68, 68A or 69A72 but is

subsequently sold, rented or lent, or offered or exposed for sale, rental

or loan, or otherwise made available to the public, it shall be treated as

an infringing copy for those purposes and for all subsequent purposes.

Orphan Works 70A.—(1) The copyright in a relevant work in the collection of a

relevant body is not infringed by a relevant body where

(a) the relevant work is an orphan work within the meaning of

Regulation 4 of the Regulations of 2014, and

(b) in accordance with Regulation 8 of the Regulations of 2014, the

relevant body—

(i) makes that orphan work available to the public, or

(ii) carries out an act of reproduction of that orphan work for

the purposes of digitisation, making available, indexing,

cataloguing, preservation or restoration.

(2) The copyright in a relevant work in the collection of a relevant

body is not infringed by a relevant body where—

73 Inserted by the European Union (Certain Permitted Uses of Orphan Works) Regulations 2014

(a) the relevant work is a relevant work to which Regulation 4(2) of

the Regulations of 2014 applies,

(b) the relevant body has, pursuant to Regulation 4(3) of the

Regulations of 2014, been given an authorisation referred to in that

Regulation, and

relevant body—

(i) makes that orphan work available to the public, or

(ii) carries out an act of reproduction of that orphan work for

the purposes of digitisation, making available, indexing,

cataloguing, preservation or restoration.

(3) In this section—

‘Regulations of 2014’ means the European Communities (Certain Permitted

Uses of Orphan Works) Regulations 2014;

‘relevant body’ has the meaning assigned to it by the Regulations of 2014;

‘relevant work” has the meaning assigned to it by the Regulations of 2014.73

Public Administration

Parliamentary and

judicial proceedings. 71.—(1) The copyright in a work is not infringed by anything done

for the purposes of parliamentary or judicial proceedings or for the

purpose of reporting those proceedings.

(2) Subsection (1) shall not be construed as authorising the copying

of a work which is itself a report of the proceedings which has been

lawfully made available to the public.

Statutory inquiries. 72.—(1) The copyright in a work is not infringed by anything done

for the purposes of a statutory inquiry or for the purpose of reporting

any such inquiry.

(2) Subsection (1) shall not be construed as authorising the copying

of a work which is itself a report of the proceedings which has been

lawfully made available to the public.

(3) The copyright in a work is not infringed by the making available

to the public of copies of a report of a statutory inquiry containing the

work or materials from the report.

Copying of material in

public records. 73.—Any material which is comprised in records which are open to

public inspection may be copied, and a copy may be supplied to any

person, without infringement of copyright.

Material open to public

inspection or on

statutory register.

74.—(1) Without prejudice to the generality of section 73 , where

material is open to public inspection pursuant to a statutory

requirement, or is on a statutory register, the copyright in the material

is not infringed by the copying, for a purpose which does not involve

the making available to the public of copies, of so much of the

material as contains factual information of any description, by or with

the authority of the person required to make the material open to

public inspection or, as the case may be, the person maintaining the

(2) Where material is open to public inspection pursuant to a

statutory requirement, or is on a statutory register, the copyright in the

material is not infringed by the copying or making available to the

public of copies of that material, for the purpose of enabling the

material to be inspected at another time or place, or otherwise

facilitating the exercise of any right for the purpose of which the

requirement is imposed, by or with the authority of the person

required to make the material open to public inspection or, as the case

may be, he person maintaining the register.

(3) Where material is made available to the public under this

section the person granting access to the material shall ensure that it

bears a mark clearly indicating that it is provided for the purpose of

inspection and that no other use of the material may be made without

the licence of the copyright owner.

(4) Material may not be provided under this section unless the

person granting access to the material has obtained from the person

requesting the material a declaration, in such form as may be

prescribed, indicating that the material is required for the sole purpose

of enabling the material to be inspected at another time or place or to

otherwise facilitate the exercise of the right of public inspection.

(5) Where material which is open to public inspection pursuant to a

statutory requirement, or is on a statutory register, contains

information about matters of general, scientific, technical, commercial

or economic interest, the copyright in the material is not infringed by

the copying or making available to the public of copies of that

material for the purpose of disseminating that information, by or with

the authority of the person required to make the material open to

public inspection or, as the case may be, the person maintaining the

(6) The Minister may prescribe the conditions which are to be

complied with before material is made available to the public under

this section.

(7) The Minister may by order provide that subsections (1) to (5)

apply—

(a) to material made open to public inspection by—

(i) an international organisation specified in the order, or

(ii) a person specified in the order who has functions in the

State under an international agreement to which the

State is a party,

(b) to a register maintained by an international organisation

specified in the order,

as they apply in relation to material that is open to public inspection

pursuant to a statutory requirement, or on a statutory register.

Works communicated to

Government or

Oireachtas.

75.—(1) Where a work has been communicated to the Government

or either or both of the Houses of the Oireachtas for any purpose, by

or with the licence of the copyright owner, and any fixation of the

work or any thing containing the work is owned by, or is in the

possession, custody or control of, the Government or either or both of

the Houses of the Oireachtas, the Government or either or both of the

Houses of the Oireachtas may copy the work, make available to the

public copies of the work, or cause the work to be copied or made

available to the public for the purpose for which the work was

communicated to them, or for any related purpose which could

reasonably have been anticipated by the copyright owner, without

infringing the copyright in the work.

(2) The Government or either or both of the Houses of the

Oireachtas shall not make available to the public copies of a work

referred to in subsection (1) or cause the work to be copied or made

available, under this section, where the work has previously been

lawfully made available to the public otherwise than under this

section.

Acts done under

statutory authority. 76.—(1) Where the undertaking of a particular act is specifically

authorised by an enactment then, unless the enactment provides

otherwise, the undertaking of that act shall not infringe the copyright

in a work.

(2) Nothing in this section shall be construed as excluding any

defence available under any enactment.

Savings. 77.—(1) Nothing in this Act shall affect any right or privilege of

the Government subsisting otherwise than by virtue of an enactment,

and nothing in this Act shall affect any right or privilege of the

Government or of any other person under any enactment, except in so

far as that enactment is expressly repealed, amended or modified by

this Act.

74 Amended by the Industrial Designs Act, 2001. 75 Amended by the Industrial Designs Act, 2001.

(2) Nothing in this Act shall affect the right of the Government or

of any person deriving title from the Government to sell, use or

otherwise deal with articles forfeited under the laws relating to

customs or excise, including any article so forfeited by virtue of this

Act or of any enactment repealed by this Act.

(3) Nothing in this Act shall affect the operation of any rule of

equity relating to breaches of trust or confidence.

(4) Subject to subsections (1) to (3), no copyright or right in the

nature of copyright, shall subsist otherwise than by virtue of this Act

or of some other enactment in that behalf.

Designs

Acts done in reliance on

registration of design. 78.—(1) The copyright in a work is not infringed by anything

done—

(a) pursuant to an assignment or licence made or granted by a

person registered under the Act of 1927 the Industrial

Designs Act,200174 as the proprietor of a corresponding

design, and

(b) in good faith and in reliance on such registration and without

notice of any proceedings for the cancellation of the

registration or for rectifying the relevant entry in the

(2) In subsection (1) “corresponding design”, in relation to a work,

means a design within the meaning of the Act of 1927 the Industrial

Designs Act,200175 which, if applied to an article, would produce

anything which would be treated for the purposes of this Part as a

copy of the work.

Design - documents and

models. 78A.—(1) The copyright in a design document or model recording

or embodying a design for anything other than an artistic work or a

typeface is not infringed by the making of a product to the design or

the copying of a product made to the design.

(2) The copyright in a design document or a model recording or

embodying a design for anything other than an artistic work or a

typeface is not infringed by the issue to the public, or the inclusion in

a film, broadcast or cable programme service, of anything the making

of which is, by virtue of subsection (1), not an infringement of that

(3) In this section and section 78B—

‘design’ means the design of any aspect of the shape or contours

(whether internal or external) of the whole or part of a product, other

than surface decoration;

76 Inserted by the Industrial Designs Act, 2001. 77 Inserted by the Industrial Designs Act, 2001. 78 Repealed by the Copyright and Other Intellectual Property Law Provisions Act 2019

‘design document’ means any record of a design, whether in the form

of a drawing, a written description, a photograph, storing the work in

any medium or otherwise;

‘product’ means any industrial or handicraft item, including parts

intended to be assembled into a complex product, packaging, get-up,

graphic symbols and typographical typefaces, but not including

computer programmes; and

‘complex product’ means a product which is composed of multiple

components which can be replaced permitting disassembly and

reassembly of the product.76

Effect of exploitation of design

derived from artistic work. 78B.—(1) This section applies where an artistic work has been

exploited, by or with the authorisation of the copyright owner, by—

(a) making by an industrial process products falling to be treated

for the purposes of this Part as copies of the work, and

(b) marketing such products, in the State or elsewhere.

(2) After the expiry of 25 years from the end of the calendar year in

which such products are first marketed, the work may be copied by

making products of any description, or doing anything for the purpose

of making products of any description, and anything may be done in

relation to products so made, without infringing the copyright in the

work.

(3) Where only part of an artistic work is exploited as mentioned in

subsection (1), subsection (2) applies only in relation to that part.

(4) The Minister may prescribe:

(a) the circumstances in which a product, or any description of

product, is to be regarded for the purposes of this section

as made by an industrial process;

(b) the exclusion from the operation of this section such products

of a primarily literary or artistic character

as the Minister thinks fit.

(5) In this section references to products do not include films.7778

78C. (1) An act to which subsection (2) applies is not an

infringement of the copyright in an artistic work if—

(a) that act is done pursuant to a contract entered into before the

relevant date, and

79 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

(b) that act, if it were done immediately before the relevant date,

would not, by virtue of section 78B, have been such an infringement.

(2) An act to which this subsection applies is any of the following

acts done, in relation to an artistic work, during the 6 months period

immediately following and including the relevant date:

(a) the copying of the work;

(b) the provision of means for making a copy of the work;

(3) An act to which subsection (4) applies is not an infringement

of the copyright in an artistic work if that act, if it were done on the

day immediately before the relevant date, would not, by virtue of

section 78B, have been such an infringement.

(4) An act to which this subsection applies is any of the following

acts done, in relation to an artistic work, during the 6 months period

immediately following and including the relevant date:

(a) the issuing or selling, or renting or lending, to the public of a

copy of the work that was made in, or imported into, the State—

(i) before the relevant date, or

(ii) during that 6 months period pursuant to a contract entered into

before the relevant date;

(b) the communication to the public of that work in connection with

anything done in reliance on paragraph (a).

(5) In this section, ‘relevant date’ means the date referred to in

section 1(7) of the Copyright and Other Intellectual Property Law

Provisions Act 201979.

Exception from

protection of copyright

in certain works.

79.—(1) The making of an object of any description which is in

three dimensions shall not be taken to constitute an infringement of

the copyright in a work in two dimensions, if the object would not

appear, to a person who is not an expert in relation to objects of that

description, to be a reproduction of the work.

(2) The act of reproducing an object of any description which is in

three dimensions shall not be taken to constitute an infringement of

the copyright in a work in two dimensions (other than a work relating

to a work of architecture) where—

80 Amended by the Industrial Designs Act, 2001. 81 Repealed by the Industrial Designs Act, 2001.

(a) the lines, contours, colours, shape, texture and materials

texture or materials80 of the product itself or its

ornamentation that appear in the work and are applied to

the objects, are wholly or substantially functional, and

(b) the object is one of a number, in excess of 50, of identical

objects which have been manufactured and made

commercially available by the owner of the copyright or

by a person authorised by him or her in that behalf.81

Computer Programs

Back-up copies of

computer programs. 80.—(1) It is not an infringement of the copyright in a computer

program for a lawful user of a copy of the computer program to make

a back-up copy of it which it is necessary for him or her to have for

the purposes of his or her lawful use.

(2) For the purposes of this section and sections 81 and 82, a person

is a “lawful user” of a computer program where, whether under a

licence to undertake any act restricted by the copyright in the program

or otherwise, he or she has a right to use the program, and “lawful

use” shall be construed accordingly.

Lawful copies of

computer programs. 81.—(1) It is not an infringement of the copyright in a computer

program for a lawful user—

(a) to make a permanent or temporary copy of the whole or a part

of the computer program by any means or in any form, or

(b) to make a translation, adaptation, arrangement or any other

alteration of the computer program and to copy the results

thereof,

to achieve the interoperability of an independently created computer

program with other programs where the following conditions are

complied with:

(i) those acts are performed by the lawful user or on his or her

behalf by a person authorised to do so;

(ii) the information necessary to achieve interoperability has not

previously been available to the person referred to in

subparagraph (i); and

(iii) those acts are confined to the parts of the original program

which are necessary to achieve interoperability.

(2) Subsection (1) shall not permit the information obtained through

its application—

(a) to be used other than to achieve the interoperability of the

independently created computer program,

(b) to be given to persons other than those referred to in that

subsection, except where necessary for the interoperability

of the independently created computer program, or

computer program substantially similar in its expression,

or for any other act which infringes copyright.

Exceptions to

infringement of

programs.

82.—(1) It is not an infringement of the copyright in a computer

program for a lawful user of a copy of the computer program to make

a permanent or temporary copy of the whole or a part of the program

by any means and in any form or to translate, adapt or arrange or in

any other way alter the computer program where such actions are

necessary for the use of the program by the lawful user in accordance

with its intended purpose, including error correction.

(2) It is not an infringement of the copyright in a computer program

for a lawful user of a copy of the computer program to observe, study

or test the functioning of the program in order to determine the ideas

and principles which underlie any element of the program, where he

or she does so while performing any of the acts of loading, displaying,

running, transmitting or storing the program which he or she is

authorised to do.

Original Database

Access to or use of

original database. 83.—It is not an infringement of the copyright in an original

database for a person who has the right to use the database or any part

thereof, whether under a licence to undertake any of the acts restricted

by the copyright in the original database or otherwise, to undertake, in

the exercise of that right, anything which is necessary for the purposes

of access to or use of the contents of the database or part thereof.

Typefaces

Use of typefaces:

printing. 84.—(1) It is not an infringement of the copyright in a work which

consists of the design of a typeface—

(a) to use the typeface in the ordinary course of typing,

composing text, typesetting or printing,

(b) to possess an article for the purpose of such use, or

and this subsection applies notwithstanding that an article is used

which is an infringing copy of the work.

82 Amended by the Industrial Designs Act, 2001.

(2) A person infringes the copyright in a work consisting of the

design of a typeface where he or she, without the licence of the

(a) makes,

(b) sells, rents or lends, or offers or exposes for sale, rental or

loan, exhibits in public or distributes,

(d) has in his or her possession, custody or control, for the

purpose of sale, rental or loan, or offering or exposing for

sale, rental or loan, or for exhibition in public or

distribution,

an article specifically designed or adapted for producing material in

the particular typeface, knowing or having reason to believe that the

article has been or is to be used to make copies that infringe the

copies under subsection (1).

Articles for producing

materials in particular

typefaces.

85.—(1) This section applies to the copyright in a work consisting

of the design of a typeface where articles specifically designed or

adapted for producing material in that typeface have been marketed by

or with the licence of the copyright owner.

(2) After the expiration of 15 years 25 years82 from the end of the

calendar year in which the articles referred to in subsection (1) are

marketed for the first time, the work may be copied by making further

such articles, or doing anything for the purpose of making such

articles and anything may be done in relation to articles so made,

without infringing the copyright in the work.

Works in Electronic Form

Transfer of copies of

work in electronic form. 86.—(1) This section applies where a copy of a work in electronic

form has been purchased on terms which expressly or impliedly allow

the purchaser to copy the work, or to adapt it or make copies of an

adaptation, in connection with his or her use of the work.

(2) Where there are no express terms—

(a) prohibiting the transfer of the copy by the purchaser,

imposing obligations which continue after a transfer,

prohibiting the assignment of any licence or terminating

any licence on a transfer, or

(b) providing for the conditions on which a transferee may

undertake the acts which the purchaser was permitted to

undertake,

83 Inserted by the European Union (Copyright and Related Rights) Regulations 2004

then, any acts which the purchaser was permitted to undertake may

also be undertaken by a transferee without infringement of the

by the purchaser which is not also transferred shall be treated as an

infringing copy for those purposes and for all subsequent purposes.

(3) Subsection (2) applies where the original purchased copy is no

longer usable and that which is transferred is a further copy used in its

place.

(4) This section shall apply on a second and subsequent transfer in

like manner as to the first transfer to a purchaser and references to the

purchaser shall be construed as references to a second or subsequent

transferee.

Miscellaneous Matters Relating to Copyright

Transient and incidental

copies 87.—(1) The copyright in a work is not infringed by the making of

a transient and incidental copy of that work which is technically

required for the viewing of or listening to the work by a member of

the public to whom a copy of the work is lawfully made available.

(2) Where a copy, which would otherwise be an infringing copy, is

made under this section and is subsequently sold, rented or lent, or

offered or exposed for sale, rental or loan, or otherwise made available

to the public, it shall be deemed to be an infringing copy for those

purposes and for all subsequent purposes.

Temporary acts of

reproduction 87. (1) It is not an infringement of the rights conferred by this Part to

undertake or conduct temporary acts of reproduction which acts are

transient or incidental and which are an integral and essential part of a

technological process and whose sole purpose is to enable -

(a) a transmission in a network between third parties by an

intermediary, or

(b) a lawful use,

of a work or other subject-matter to be made, and which acts

have no independent economic significance.

(2) Where a copy, which would otherwise be an infringing copy, is made

under this section and is subsequently sold, rented or lent, or offered or

exposed for sale, rental or loan, or otherwise made available to the

public, it shall be deemed to be an infringing copy for those purposes and

for all subsequent purposes.83

Anonymous or

pseudonymous works

acts permitted.

88.—(1) The copyright in a work is not infringed by an act

undertaken when, or pursuant to arrangements made when—

(a) it is not possible to ascertain the identity of the author of the

work by reasonable enquiry, and

(b) it is reasonable to assume that the copyright has expired.

(2) Where a work is a work of joint authorship the reference in

subsection (1) to the possibility of ascertaining the identity of the

author shall be construed as a reference to its being possible to

ascertain the identity of any of the authors.

Use of notes or

recordings of spoken

words in certain cases.

89.—(1) Subject to compliance with the conditions specified in

subsection (2), where a record of spoken words is made, in writing or

otherwise, for the purpose of—

(a) reporting current events, or

(b) broadcasting or including in a cable programme service the

work or part of the work,

it is not an infringement of any copyright in the words as a literary or

dramatic work, or in any literary or dramatic work or recording arising

from the recording of the words, to use the record or material taken

from it or to copy the record, or any such material, and to use the copy

for the purposes referred to in paragraph (a) or (b).

(2) The conditions referred to in subsection (1) are—

(a) that the record is a direct record of the spoken words and is

not taken from a previous record or from a broadcast or

cable programme,

(b) that the making of the record was not prohibited by the

speaker and, where copyright already subsisted in the

work, did not infringe the copyright in the work,

prohibited by or on behalf of the speaker or copyright

owner before the record was made, and

(d) that the use made of the record or material taken from it is by

or with the authority of a person who is lawfully in

possession of the record.

89. (1) (a) Paragraph (b) applies where a record of spoken words

(including political speeches and extracts from public lectures or

similar works) is made, in writing or otherwise, for the purposes of—

(i) reporting current events, or

(ii) broadcasting, including in a cable programme

service, or otherwise communicating to the public, the

record.

84 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(b) Subject to compliance with the conditions specified in

subsection (2), it is not an infringement of the rights conferred

by this Part—

(i) to use the record or material taken from it for the

purposes referred to in paragraph (a), or

(ii) to copy the record or material taken from it and use the

copy for the purposes referred to in paragraph (a).

(2) The conditions referred to in subsection (1)(b) are:

(a) that the record is a direct record of the spoken words;

(b) that the making of the record was not prohibited by the

speaker and, where copyright already subsisted in the work,

did not infringe the copyright in the work;

it was not prohibited by or on behalf of the speaker or

(d) that the use made of the record or material taken from

it is by or with the authority of a person who is lawfully in

possession of the record;

(e) that the use made of the record or material taken from

it is accompanied by a sufficient acknowledgement.

(3) Where a record which would otherwise be an infringing copy is

made under this section but is subsequently sold, rented or lent, or

offered or exposed for sale, rental or loan, or otherwise made available

to the public, it shall be treated as an infringing copy for those

purposes and for all subsequent purposes.84

Public reading or

recitation of works. 90.—(1) The reading or recitation in public by one person of any

reasonable extract from a literary or dramatic work which has been

lawfully made available to the public, where accompanied by a

sufficient acknowledgement, shall not infringe the copyright in the

work.

(2) The copyright in a work is not infringed by the making of a

fixation, or the broadcasting or inclusion in a cable programme

service, of a reading or recitation which by virtue of subsection (1)

does not infringe the copyright in the work.

(3) Where a copy, which would otherwise be an infringing copy, is

made under this section and is subsequently sold, rented or lent, or

offered or exposed for sale, rental or loan, or otherwise made available

to the public, it shall be deemed to be an infringing copy for those

purposes and for all subsequent purposes.

85 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

Abstracts of scientific or

technical articles. 91.—Where an article on a scientific or technical subject is lawfully

made available to the public in a periodical accompanied by an

abstract indicating the contents of the article, it is not an infringement

of the copyright in the abstract or in the article to copy the abstract or

to make available to the public copies of the abstract or to include the

abstract in any other work.

Fixations of

performances of works

of folklore.

92.—(1) A fixation of a performance of an anonymous work which

has not been lawfully made available to the public may be made for

the purpose of including it in an archive maintained by a designated

body without infringing the copyright in the work where at the time

the fixation is made—

(a) the making of the fixation does not infringe any other

(b) the making of the fixation is not prohibited by any performer.

(2) A copy of a fixation made under subsection (1) and included in

an archive maintained by a designated body may, subject to

compliance with the conditions referred to in subsection (3), be made

and supplied by the archivist without infringing the copyright in the

fixation or the works included in it.

(3) The conditions referred to in subsection (2) are—

(a) that a copy may not be supplied other than to a person who

satisfies the archivist that he or she requires the copy for

the purposes of research education, research85 or private

study and he or she will not use it for any other purpose,

and

(b) that a person shall not be furnished with more than one copy

of the same fixation.

(4) In this section, “designated body” means a body designated for

the purposes of this section by order of the Minister who shall not

designate a body unless he or she is satisfied that the body is not

established or conducted for profit.

Representation of certain

artistic works on public

display.

93.—(1) This section applies to the copyright in—

(a) buildings, and

(b) sculptures, models for buildings and works of artistic

craftsmanship, where permanently situated in a public

place or in premises open to the public.

(2) The copyright in a work to which this section applies is not

infringed by—

86 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(a) making a painting, drawing, diagram, map, chart, plan,

engraving, etching, lithograph, woodcut, print or similar

thing representing it,

(b) making a photograph or film of it, or

image of it.

(3) The copyright in a work to which this section applies is not

infringed by the making available to the public of copies of anything

the making of which is not, by virtue of this section, an infringement

of the copyright in the work.

Advertising sale of

artistic work. 94.—(1) It is not an infringement of the copyright in an artistic

work to copy it, or to make available to the public copies of it, for the

purpose of advertising the sale of the work.

(1) It is not an infringement of the copyright in an artistic work to

copy it, or to make available to the public copies of it, for the purpose

of advertising the sale or public exhibition of the work if the copying

is done, and the copies are used—

(a) only to an extent reasonably justified for achieving that

purpose, and

(b) for no other commercial purpose.86

(2) Where a copy which would otherwise be an infringing copy is

made under this section but is subsequently sold, rented or lent, or

offered or exposed for sale, rental or loan, or otherwise made available

to the public, it shall be treated as an infringing copy for those

purposes and for all subsequent purposes.

Making of subsequent

works by same artist. 95.—Where the author of an artistic work is not the copyright

owner, it is not an infringement of the copyright in the work to copy

the work in making another artistic work, where the author does not

repeat or imitate the main design of the earlier work.

Reconstruction of

buildings. 96.—Where anything is done for the purposes of reconstructing a

building it is not an infringement of the copyright in the building or in

any drawings or plans in accordance with which the building was

constructed by or with the licence of the copyright owner.

Playing or showing of

sound recordings,

broadcasts and cable

programmes in certain

premises.

97.—(1) Subject to subsection (2), it is not an infringement of the

cause a sound recording, broadcast or cable programme to be heard or

viewed where it is heard or viewed—

(a) in part of the premises where sleeping accommodation is

provided for the residents or inmates, and

(b) as part of the amenities provided exclusively or mainly for

residents or inmates.

(2) Subsection (1) does not apply in respect of any part of premises

to which subsection (1) applies where there is a discrete charge made

for admission to the part of the premises where a sound recording,

broadcast or cable programme is to be heard or viewed.

Playing of sound

recordings for clubs,

societies, etc.

98.—(1) Subject to compliance with the conditions specified in

subsection (2), it is not an infringement of the copyright in a sound

recording to play it as part of the private activities of or for the benefit

of a club, society or other organisation.

(2) The conditions referred to in subsection (1) are—

(a) that the club, society or other organisation is not established

or conducted for profit and its main objects are charitable

or are otherwise concerned with the advancement of

religion, education or social welfare, and

(b) that the proceeds of any charge for admission to the place

where the sound recording is to be heard are applied solely

for the purposes of the club, society or other organisation.

(3) Subsection (1) shall not apply in the case of any club, society or

other organisation where a charge is made for admission to the place

where the sound recording is heard and any of the proceeds of the

charge are applied otherwise than for the purposes of the club, society

or other organisation.

Copying for purpose of

broadcast or cable

programme.

99.—(1) Where, by virtue of a licence or assignment of copyright, a

person is authorised to broadcast or include in a cable programme

service a work or an adaptation of a work, he or she shall be deemed

to be licensed by the owner of the copyright in the work to copy or

authorise the copying of that work by means of his or her own

facilities for the purposes of his or her own broadcast or cable

programme.

(2) It shall be a condition of a licence conferred by virtue of

subsection (1) that any copy resulting from the exercise of rights

granted by the licence shall not be used for any purpose other than the

broadcast or cable programme and shall be destroyed within 3 months

of first being used for broadcasting or included in a cable programme

service.

(3) A copy of a work made under this section shall be treated as an

infringing copy where it is used for purposes other than broadcasting

or inclusion in a cable programme service or where it is used after the

expiration of 3 months from the date on which it is first used for

broadcasting or included in a cable programme service.

(4) Where, by virtue of subsection (1), a person (in this subsection

referred to as ‘the licensee’) is deemed to be licensed by the owner of

87 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

the copyright in a work to copy or authorise the copying of that work

by means of his or her own facilities, such facilities shall include

those of a person acting on behalf of and under the responsibility of

the licensee.87

Recording for purposes

of supervision and

control of broadcasts and

cable programmes.

100.—(1) The copyright in a work is not infringed by the making or

use by an authorised broadcaster or authorised cable programme

service provider, for the purpose of maintaining supervision and

control over programmes broadcast by them or included by them in a

cable programme service, of fixations of those programmes.

(2) The copyright in a work is not infringed by any use made by a

body established by the State to regulate the operations of

broadcasters or cable programme service providers of any fixations of

broadcasts or cable programmes.

Recording for purposes

of time-shifting. 101.—(1) The making for private and domestic use of a fixation of

a broadcast or cable programme solely for the purpose of enabling it

to be viewed or listened to at another time or place shall not infringe

the copyright in the broadcast or cable programme or in any work

included in such a broadcast or cable programme.

(2) Subject to subsection (3), the making by an establishment for

private and domestic use of a fixation of a broadcast or cable

programme solely for the purpose of enabling it to be viewed or

listened to at another time or place shall not infringe the copyright in

the broadcast or cable programme or in any work included in such a

broadcast or cable programme.

(3) The Minister may specify by order establishments for the

purposes of this section.

(4) Where a fixation which would otherwise be an infringing copy

is made under this section and is subsequently sold, rented or

(otherwise than to a person's family member or friend for private and

domestic purposes) lent, or offered or exposed for sale, rental or loan,

or otherwise made available to the public, it shall be deemed to be an

infringing copy for those purposes and for all subsequent purposes.

Photographs of

television broadcasts or

cable programmes.

102.—The making for private and domestic use of a photograph of

the whole or any part of an image forming part of a television

broadcast or cable programme, or of a copy of such a photograph,

shall not infringe the copyright in the broadcast or cable programme

or in any film included in it.

Reception and

retransmission of

broadcasts in cable

programmes services.

103.—(1) This section applies where a broadcast made from a place

in the State is, by reception and immediate retransmission, without

alteration, included in a cable programme service.

(2) The copyright in a broadcast to which this section applies is not

infringed where—

88 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

(a) the inclusion is pursuant to a statutory requirement, or

(b) the broadcast is made for reception in the area in which the

cable programme service is provided and it is not a satellite

transmission or an encrypted transmission.

(3) Without prejudice to the generality of subsection (4), the

(a) the inclusion is pursuant to a statutory requirement, or

(b) the broadcast is made for reception in the area in which the

cable programme service is provided and it is not a satellite

transmission or an encrypted transmission.

(4) Where the making of a broadcast is an infringement of the

broadcast was retransmitted as a programme in a cable programme

service shall be taken into account in assessing the damages for that

infringement.

103A. In this section and sections 104 to 104B—

‘designated body’ means a designated body as defined in section

104(3);

‘relevant work’ means a work—

(a) which is not accessible to a person with a disability

because of that disability, and

(b) in respect of which a copy can be made and that copy then

modified so that the modified copy of the work is accessible to that

person.88

Provision of modified

works. 104.— (1) A designated body may—

(a) make a copy of a work for the purpose of modifying that

copy to meet the special needs of a person who has a

physical or mental disability, and

(b) supply that modified copy to that person,

without infringing the copyright in that work.

(1) Subject to subsection (1A) and section 104A(1), a designated

body may do any of the following in respect of a relevant work

without infringing the copyright in that work:

(a) make, or cause to be made, a copy of the work for the

purpose of modifying the copy;

89 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(b) supply the modified copy of the work to a person with

a disability;

designated body;

(d) receive a modified copy of the work from—

(i) another designated body, or

(ii) a person with a disability;

(e) supply the modified copy of the work that it has received

under paragraph (d) to—

(i) a person with a disability, or

(ii) another designated body.

(1A) Subsection (1) shall not apply unless the modified copy

concerned of the relevant work—

(a) bears or otherwise incorporates an express statement to

the effect that the copy has been made under this section, and

(b) is accompanied by a sufficient acknowledgement.

(1B) (a) Subject to section 104A(1), a use to which paragraph (b)

applies may be made of a relevant work by a person with a disability

without infringing the copyright in that work provided that the use is

for the benefit of the person, is directly related to the disability, is for

a non-commercial purpose and is made only to the extent required by

the nature of the disability.

(b) A use to which this paragraph applies is any of the

following:

(i) make, or cause to be made, a copy of the

relevant work for the purpose of modifying the copy;

(ii) access a modified copy of the work which has

been modified pursuant to subparagraph (i) or supplied

pursuant to subsection (1);

(iii) supply such modified copy to a designated

body.89

(2) Where a copy which would otherwise be an infringing copy is

made under this section, but is subsequently sold, rented or lent, or

offered or exposed for sale, rental or loan, or otherwise made available

to the public, it shall be treated as an infringing copy for those

purposes and for all subsequent purposes.

(3) In this section, “designated body” means a body designated for

the purposes of this section by order of the Minister who shall not

designate a body unless he or she is satisfied that the body is not

established or conducted for profit.

Circumstances in which

section 104 shall not

apply

104A. (1) Section 104 shall not apply to a relevant work where—

(a) there is a licensing scheme certified under section 173

that is applicable to section 104 in so far as that work is

concerned, and

(b) the designated body or person with a disability making,

or causing to be made, a modified copy of that work knew or

ought to have been aware of the existence of the licensing

scheme.

(2) Any terms of a licence granted on foot of the licensing

scheme referred to in subsection (1) that purports to restrict the

obligation imposed under section 104B(1) on the publisher of that

work shall be unenforceable.

Electronic form of

relevant work

104B. (1)Subject to subsection (3), the publisher of a relevant work

first published in the State on or after the commencement of section

27 of the Copyright and Other Intellectual Property Law Provisions

Act 2019 shall make or cause to be made at least one electronic form

of the work which complies with the requirements of subsection (2)

unless the publisher already has, in the publisher’s possession,

custody or control, at least one electronic form of the work which

complies with those requirements.

(2) The electronic form of the relevant work shall enable copies

of the work to be made—

(a) without undue difficulty,

(b) which are easily navigated, and

(3) A designated body may make a relevant request of the

publisher of a relevant work to which subsection (1) applies to deliver,

within one month of the publisher’s receipt of the request, the relevant

material in respect of the work, and the publisher shall, subject to

subsection (4), comply with that request.

(4) The publisher of a relevant work who is the subject of a

relevant request may, by notice in writing given to the designated

body which made the request, decline to comply with the request until

the publisher receives a payment to cover the reasonable costs of the

publisher that would be incurred in complying with the request.

90 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

(5) Where a publisher fails to comply with this section he or she

shall be guilty of an offence and shall be liable on summary

conviction to a class E fine.

(6) In this section—

‘relevant request’ means a request in writing that the publisher

deliver, in the manner specified in the request, the relevant

material—

(a) in such digital or electronic or other technological form

specified in the request and to the address (which may be an

electronic address) specified in the request, or

(b) by permitting the designated body to access the

relevant material;

‘relevant material’ means the electronic form of a relevant

work and any other material required to ensure that such

electronic form complies with subsection (2).90

Recording for archival

purposes. 105.—(1) A fixation of a broadcast or a cable programme of a

designated class or a copy of such a fixation may be made for the

purpose of including it in an archive maintained by a designated body

without infringing the copyright in the broadcast or cable programme

or in any work included therein.

(2) In this section—

“designated body” means a body designated for the purposes of this

section by order of the Minister;

“designated class” means a class designated for the purposes of this

section by order of the Minister.

(3) The Minister shall not designate a body unless he or she is

satisfied that the body is not established or conducted for profit.

Adaptation of a work. 106.—It is not an infringement of the copyright in a work to make

an adaptation of the work by any act which may otherwise be done

without infringing the copyright in a work under this Chapter.

Chapter 7

Copyright: Moral Rights

Paternity right. 107.—(1) Subject to the exceptions specified in section 108 , the

author of a work shall have the right to be identified as the author and

that right shall also apply in relation to an adaptation of the work.

(2) Where an author uses a pseudonym, initials or other form of

identification, that form shall be used to identify his or her work.

(3) The right conferred by this section shall be known and in this

Part referred to as the “paternity right”.

Exceptions to paternity

right. 108.—(1) The paternity right is not infringed by anything done

under section 52, 53 (5), 71, 72 or 88.

(2) The paternity right shall not apply to anything done by or with

the authority of the copyright owner where the copyright in the work

originally vested in an employer under section 23 .

(3) The paternity right shall not apply in relation to a work made for

the purpose of reporting current events.

(4) The paternity right shall not apply to a work made for the

purposes of—

(a) a newspaper or periodical, or

(b) an encyclopaedia, dictionary, yearbook or other collective

work of reference,

or in relation to a work made available to the public with the licence

of the author for those purposes.

(5) The paternity right shall not apply in relation to a work—

(a) in which Government or Oireachtas copyright subsists, or

(b) in which the copyright originally vested in a prescribed

international organisation,

unless the author has previously been identified as the author in or on

copies of the work which have been lawfully made available to the

public.

Integrity right. 109.—(1) Subject to the exceptions and qualifications specified in

sections 110 and 111 , the author of a work shall have the right to

object to any distortion, mutilation or other modification of, or other

derogatory action in relation to, the work which would prejudice his

or her reputation and that right shall also apply in relation to an

adaptation of the work.

(2) The right conferred by this section applies to any addition to,

deletion from or alteration to or adaptation of parts of a work resulting

from any previous addition to, deletion from or alteration to or

adaptation of a work or parts of a work by a person other than the

author, where those parts are attributed to, or are likely to be regarded

as the work of, the author.

(3) The right conferred by this section shall be known and in this

Part referred to as the “integrity right”.

Exceptions to integrity

right. 110.—(1) Subject to subsections (2) and (3), the integrity right shall

not apply to—

(a) a work made for the purpose of reporting current events;

(b) a work made for the purposes of—

(i) a newspaper or periodical, or

(ii) an encyclopaedia, dictionary, yearbook or other

collective work of reference,

or to a work made available to the public with the licence

of the author for such purposes; or

without any modification of the version made available to

the public under that paragraph.

(2) Subject to subsection (3), the integrity right is not infringed—

(a) by an act which under section 51 or 88 would not infringe the

(b) by anything done for the purposes of—

(i) avoiding any contravention of civil or criminal law,

(ii) complying with a duty imposed by or under an

enactment, or

(iii) in the case of authorised broadcasters or authorised

cable programme service providers, avoiding the

inclusion in a programme which is broadcast or

included in a cable programme service by those

broadcasters or providers, of anything which is likely

to offend public morality or which is likely to

encourage or incite to crime or to lead to public

disorder.

(3) Subsection (2)(b) shall not apply unless the author is identified

at the time of the act concerned or has previously been identified in or

on copies of the work which have been lawfully made available to the

public and there is a sufficient disclaimer.

(4) In this Part “sufficient disclaimer”, in relation to an act capable

of infringing the integrity right, means a clear and reasonably

prominent indication given at the time of the act, or where the author

is then identified, appearing with the identification, that the work has

been subjected to an action which the author has not licensed.

Qualification of integrity

right in certain cases. 111.—(1) The integrity right shall be qualified in the manner

specified in subsection (2) in respect of—

(a) works in which copyright originally vested in the author's

employer under section 23 ,

(b) works in which Government or Oireachtas copyright subsists,

and

international organisation.

(2) The integrity right shall not apply to anything done in relation to

works referred to in subsection (1) by or with the licence of the

(a) is identified at the time of the act concerned, or

(b) has previously been identified in or on copies of the work

which have been lawfully made available to the public,

and where, in such a case, the integrity right applies, that right shall

not be infringed where there is a sufficient disclaimer.

Secondary infringement

of integrity right:

possessing or dealing.

112.—A person infringes the integrity right where he or she—

(a) sells, rents or lends, or offers or exposes for sale, rental or

loan,

(b) imports into the State, otherwise than for his or her private

and domestic use,

her possession, custody or control, or

(d) makes available to the public,

a work or a copy of a work or an adaptation thereof which has, and

which he or she knows or has reason to believe has, been subjected to

any distortion, mutilation or other modification or other derogatory

action within the meaning of section 109 .

False attribution of

work. 113.—(1) A person has the right not to have a work falsely

attributed to him or her as author.

(2) The right conferred by subsection (1) is infringed by a person

where he or she—

(a) sells, rents or lends, or offers or exposes for sale, rental or

loan,

(b) imports into the State, otherwise than for his or her private

and domestic use,

her possession, custody or control, or

(d) makes available to the public,

a work, or a copy of a work, in or on which there is a false attribution,

knowing or having reason to believe that the attribution is false.

(3) The right conferred by subsection (1) is infringed by a person

where he or she—

(a) sells, rents or lends, or offers or exposes for sale, rental or

loan,

(b) imports into the State, otherwise than for his or her private

and domestic use,

her possession, custody or control, or

(d) makes available to the public,

a work which has been altered as being the unaltered work of the

author, or a copy of such a work as being a copy of the unaltered work

of the author, knowing or having reason to believe that the work or the

copy of the work has been altered.

(4) This section applies where a work is falsely represented as

being an adaptation of the work of a person in the same manner as it

applies where a work is so represented as being the work of a person.

(5) In this Part “attribution”, in relation to a work, means a

statement, express or implied, as to who is the author of the work.

Right to privacy in

photographs and films. 114.—(1) Subject to the exceptions specified in subsection (3), a

person who, for private and domestic purposes, commissions the

taking of a photograph or the making of a film has, where copyright

subsists in the resulting work, the right not to have the work or copies

of the work made available to the public.

(2) Subject to subsection (3), the act of making available to the

public, or authorising the making available to the public, of a work or

copies of a work referred to in subsection (1) without the authority of

the person who commissions the work infringes the right conferred by

subsection (1).

(3) The right conferred by subsection (1) shall not be infringed by

an act which under section 52 , 71 , 72 , 76 or 88 would not infringe

the copyright in the work.

Duration of moral rights. 115.—(1) The paternity right, the integrity right and the right

conferred by section 114 to privacy in photographs and films shall

subsist for the same period of time as the copyright in the work

subsists.

(2) The right conferred by section 113 in relation to a false

attribution of a work shall subsist for 20 years after the death of the

person on whom the right is conferred.

Waiver of rights. 116.—(1) Subject to subsection (3), any of the rights conferred by

this Chapter may be waived.

(2) A waiver made under this section shall be in writing and signed

by the person waiving the right concerned.

(3) A waiver made under subsection (1)—

(a) may relate to a specific work, to works of a specified

description or to works generally, and may relate to

existing or future works, and

(b) may be conditional or unconditional, and may be expressed to

be subject to revocation,

and where a waiver is made in favour of the owner or prospective

owner of the copyright in the work or works to which it relates, that

waiver shall be presumed to extend to his or her licensees, successors

in title or other persons claiming under them unless a contrary

intention is expressed.

(4) Nothing in this Chapter shall be construed as excluding the

operation of the general law of contract or estoppel in relation to an

informal waiver or other transaction in relation to any of the rights

referred to in subsection (1).

(5) It shall not be an infringement of any of the rights conferred by

this Chapter for a person to undertake any act where the person

entitled to the right conferred by this Chapter has consented to the use

of those rights by that other person.

Application of certain

provisions to works of

joint authorship and joint

ownership.

117.—(1) The paternity right or the integrity right is, in the case of

a work of joint authorship, a right of each joint author.

(2) A waiver made under section 116 of the paternity right or the

integrity right by one joint author shall not affect the rights of the

other joint authors.

(3) The right conferred by section 113 in relation to false attribution

is infringed by—

(a) any false statement as to the authorship of a work of joint

authorship, or

(b) the false attribution of joint authorship in relation to a work of

sole authorship,

and such a false attribution infringes the right of every person to

whom authorship of any description is attributed.

(4) The right conferred by section 114 to privacy in photographs

and films is, in the case of a work made pursuant to a joint

commission, the right of each person who commissioned the making

of the work and where a waiver is made by one of them under section

116 that waiver shall not affect the rights of the other persons.

Moral rights not

assignable or alienable. 118.—The rights conferred by Chapter 7 shall be incapable of

assignment or alienation.

Transmission of moral

rights on death. 119.—(1) On the death of a person entitled to the paternity right,

the integrity right, or the right conferred by section 114 to privacy in

photographs and films—

(a) the right passes by testamentary disposition to such person as

the person entitled to the right may direct,

(b) where there is no direction as to whom the right passes but

the copyright in the work concerned forms part of an

estate, the right passes to the person to whom the copyright

passes, and

exercisable by the personal representatives of the person

entitled to the right.

(2) Where copyright forming part of an estate passes in part to one

person and in part to another, so as to apply—

(a) to one or more, but not all, of the acts the copyright owner

has the right to undertake or authorise, or

(b) to part, but not the whole, of the period for which the

any right which passes with the copyright by virtue of subsection (1)

is divided accordingly.

(3) Where, under subsection (1), a right becomes exercisable by

more than one person—

(a) it may, in the case of the paternity right, be exercised by any

of them,

(b) it is, in the case of the integrity right or the right to privacy in

photographs and films conferred by section 114 , a right

exercisable by each of them, and

them shall not affect the rights of the other persons.

(4) A consent or waiver binds any person to whom a right passes

under subsection (1).

(5) Any infringement of the right conferred by section 113 in

relation to a false attribution of a work after the death of a person is

actionable by the personal representatives of that person.

(6) Any damages recovered by personal representatives under this

section in respect of an infringement after a person's death shall

devolve as part of the person's estate as if the right of action had

subsisted and been vested in that person immediately before his or her

death.

Chapter 8

Dealings with Rights in Copyright Works

Assignment and

licences. 120.—(1) The copyright in a work is transmissible by assignment,

by testamentary disposition or by operation of law, as personal or

moveable property.

(2) A transmission of the copyright in a work by assignment, by

testamentary disposition or by operation of law may be partial, so as

to apply—

(a) to one or more but not all of the acts the copyright owner has

the right to undertake or authorise, and

(b) to part but not the whole of the period for which the copyright

in the work is to subsist.

(3) An assignment of the copyright in a work, whether in whole or

in part, is not effective unless it is in writing and signed by or on

behalf of the assignor.

(4) A licence granted by a copyright owner is binding on every

successor in title to his or her interest in the copyright, except a

purchaser in good faith for valuable consideration and without notice

(actual or constructive) of the licence or a person deriving title from

such a purchaser and references in this Part to undertaking any act

with or without the licence of the copyright owner shall be construed

accordingly.

(5) A licence granted by a prospective owner of copyright is

binding on every successor in title to his or her interest (or prospective

interest) in the copyright, except a purchaser in good faith for valuable

consideration and without notice (actual or constructive) of the licence

or a person deriving title from such a purchaser and references in this

Part to undertaking any act with or without the licence of the

Prospective ownership

of copyright. 121.—(1) Where, by an agreement made in relation to future

on the copyright coming into existence, the assignee or his or her

successor in title, or another person claiming under him or her, would

be entitled as against all other persons to require the copyright to be

vested in him or her, the copyright shall vest in the assignee or his or

her successor in title under this section or any other person claiming

under him or her.

(2) Where, at the time when any copyright comes into existence,

the person who, if he or she were then living, would be entitled to the

immediately before his or her death and he or she had then been the

owner of the copyright.

(3) The rights of an assignee to future copyright shall not be

prejudiced by the fact that an agreement referred to in subsection (1)

was made before the commencement of this section.

(4) In this Part—

“future copyright” means copyright which will or may come into

existence in respect of a future work or class of works or on the

occurrence of a future event;

“prospective owner” includes a person who is prospectively entitled to

Exclusive licences. 122.—(1) In this Part, an “exclusive licence” means a licence in

writing which is signed by or on behalf of an owner or prospective

owner of the copyright which authorises the licensee, to the exclusion

of all other persons, including the person granting the licence, to

exercise a right which would otherwise be exercisable exclusively by

the copyright owner and references to an exclusive licensee shall be

construed accordingly.

(2) An exclusive licensee has the same rights against a successor in

title who is bound by the licence as he or she has against the person

granting the licence.

will with certain original

fixations.

123.—Where, under a bequest (whether specific or general), a

person is entitled, beneficially or otherwise, to any material thing

containing an original fixation of a work which has not been made

available to the public before the death of the testator, the bequest

shall be construed as including the copyright in the work in so far as

the testator was the owner of the copyright immediately before his or

her death, unless a contrary intention is indicated in the will of the

testator or in a codicil to that will.

Presumption of transfer

of rental right in case of

film production

agreement.

124.—(1) Without prejudice to the right of an author to receive

equitable remuneration in respect of a rental right, where an

agreement concerning film production is concluded between an author

or a prospective author of a copyright work and a film producer, the

author or prospective author shall be presumed, unless the agreement

provides to the contrary, to have transferred to the film producer any

rental right in relation to the film arising by virtue of the inclusion of a

copy of the work of the author in the film.

(2) Where a presumption of transfer of the rental right arises by

virtue of subsection (1), the absence of a signature by or on behalf of

the author shall not restrict the operation of section 120 or 121 .

(3) The reference in subsection (1) to an agreement concluded

between an author or a prospective author and a film producer

includes any agreement whether made by them directly or through

intermediaries.

(4) The right to equitable remuneration on the transfer of the rental

right applies where there is a presumed transfer under this section as

in the case of an actual transfer.

Right to equitable

remuneration where

rental right transferred.

125.—(1) Without prejudice to the generality of section 124 , where

an author has transferred his or her rental right he or she retains the

right to equitable remuneration for the rental.

(2) The right to equitable remuneration conferred by this section

shall not be waived by the author and the author shall not assign the

right to equitable remuneration except to a collecting society for the

purpose of enabling the collecting society to exercise that right on his

or her behalf.

(3) The right to equitable remuneration is transmissible by way of

testamentary disposition or by operation of law, as personal or

moveable property and it may be further transmitted, including by

assignment, by any person who legally acquires the right.

(4) Equitable remuneration under this section is payable by the

person to whom the rental right is transferred or any successor in title.

(5) Subject to section 126 , the amount payable by way of equitable

remuneration is that which has been agreed by or on behalf of the

persons by and to whom it is payable.

(6) An agreement is void in so far as it purports to exclude or

restrict the right to equitable remuneration conferred by this section.

(7) References in this Part to the transfer of the rental right by one

person to another include any arrangement having that effect whether

made by them directly or through intermediaries.

(8) In this section, “collecting society” means a society or other

organisation which has as one of its main objects the exercise of the

right to collect equitable remuneration under this section on behalf of

more than one author.

Equitable remuneration:

reference of

determination of amount

to Controller.

126.—(1) In default of agreement as to the amount of equitable

remuneration payable under section 125 , the person by or to whom it

is payable may apply to the Controller for an order under subsection

(4).

(2) Subject to subsection (3), a person by or to whom equitable

remuneration is payable under section 125 may also apply to the

Controller—

(a) to vary any agreement as to the amount payable, or

(b) to vary any previous determination of the Controller as to the

amount payable.

(3) An application may not be made under subsection (2) within 12

months from the date of the previous determination except with the

special leave of the Controller.

(4) On an application being made under this section the Controller

shall consider the matter and make such order as to the method of

calculating and paying equitable remuneration as he or she may

determine to be reasonable in the circumstances, having regard to the

importance of the contribution of the author.

(5) An order made under subsection (4) shall have effect from the

date on which it is made or such later date as may be specified by the

Controller.

(6) Remuneration shall not be considered inequitable because it is

paid by way of a single payment or at the time of transfer of the rental

right.

(7) An agreement is void in so far as it purports to prevent a person

challenging the amount of equitable remuneration or to restrict the

powers of the Controller conferred by this section.

Chapter 9

Remedies: Copyright Owner

Infringement actionable

by copyright owner. 127.—(1) An infringement of the copyright in a work is actionable

by the copyright owner.

(2) In an action for infringement of the copyright in a work under

this section, all relief by way of damages, injunction, account of

profits or otherwise is available to the plaintiff as it is available in

respect of the infringement of any other property right.

(3) Subject to section 139 , where in an action for infringement of

the copyright in a work the defendant does not admit that the plaintiff

is the owner of the copyright the court may direct that evidence in

relation to ownership of the copyright be given on affidavit and the

court may decide the issue having considered any affidavit presented

to it unless it is satisfied that any conflict of evidence between the

affidavits may not be resolved other than by hearing oral testimony in

which case the court may order that oral evidence may be adduced.

(4) Hearsay evidence may be accepted for the purposes of any

hearing under subsection (3).

Award of damages in

infringement action. 128.—(1) The court may, in an action for infringement of copyright

award such damages as, having regard to all the circumstances of the

case, it considers just.

(2) Without prejudice to any other remedy, where, in an action for

infringement of the copyright in a work, it is shown that at the time of

the infringement the defendant did not know and had no reason to

believe that copyright subsisted in the work to which the action

relates, the plaintiff is not entitled to damages against the defendant.

(3) In exercising its powers under subsection (1) in addition to or as

an alternative to compensating the plaintiff for financial loss, the court

may award aggravated or exemplary damages or both aggravated and

exemplary damages.

Action in respect of

construction of building. 129.—In an action for infringement of the copyright in respect of

the construction of a building no injunction or other order shall be

made—

(a) after the construction of the building has begun, so as to

prevent it from being completed, or

(b) so as to require the building, in so far as it has been

constructed, to be demolished.

Undertakings concerning

licences of right. 130.—(1) Where, in proceedings for infringement of the copyright

in a work in respect of which a licence is available as of right, the

defendant undertakes to take a licence on such terms as may be agreed

or, in default of agreement, settled by the Controller—

(a) no injunction shall be granted against the defendant,

(b) no order for delivery up shall be made under section 131 , and

damages or on an account of profits shall not exceed three

times the amount which would have been payable by the

defendant as licensee where a licence on those terms had

been granted before the earliest infringement.

(2) An undertaking under subsection (1) may be given at any time

before the final order in the proceedings without any admission of

liability.

(3) Nothing in this section shall affect the remedies available in

respect of an infringement committed before a licence was available

as of right.

Order for delivery up. 131.—(1) Where a person—

(a) in the course of a business, trade or profession, has in his or

her possession, custody or control an infringing copy of a

work,

(b) has in his or her possession, custody or control an article

specifically designed or adapted for making copies of a

has been or is to be used to make infringing copies, or

defeating device,

the owner of the copyright in the work may apply to the appropriate

court for an order that the infringing copy, article or device be

delivered up to him or her or to such other person as the court may

direct.

(2) An application under subsection (1) shall not be made after the

expiration of the period specified in section 144 (1) as being the limit

of the period for delivery up and no order shall be made unless the

court also makes, or it appears to the court that there are grounds for

making, an order as to the disposal of the infringing copy, article or

device.

(3) A person to whom an infringing copy, article or device is

delivered up pursuant to an order made under this section shall, where

an order under section 145 as to the disposal of the infringing copy,

article or device is not made, retain it pending the making of an order,

or the decision not to make an order, under that section.

Application to District

Court for seizure of

infringing copies,

articles or devices.

132.—(1) Without prejudice to section 133 , where the owner of the

satisfied that there are reasonable grounds for believing that there are

being hawked, carried about or marketed—

(a) infringing copies of the work,

(b) articles specifically designed or adapted for making copies of

a work, knowing or having reason to believe that it has

been or is to be used for making infringing copies of a

work, or

authorise by order a member of the Garda Síochána to seize without

warrant the copies, articles or devices and to bring them before the

District Court.

(2) On being satisfied that any copy, article or device referred to in

subsection (1) is—

(a) an infringing copy,

(b) articles specifically designed or adapted for making copies of

a work, which the person hawking, carrying about or

marketing those articles, knows or has reason to believe

that they have been or are to be used to make infringing

copies of a work, or

the District Court may order the copy, article or device to be

destroyed or to be delivered up to the owner of the copyright or

otherwise dealt with as the Court may think fit.

(3) In an application to the District Court under subsection (1) or, in

any ex parte application or interlocutory motion to a court of

competent jurisdiction for an order which would permit the applicant

to enter and search premises or place specified therein and take

possession of material found therein on terms set out in such order,

the court hearing such an application may receive hearsay evidence to

the effect that the witness or deponent believes that the material may

be found in a particular location.

(4) A witness or deponent shall not be obliged to indicate the source

of the information upon which that witness formed the belief that

material may be found in a particular location.

(5) After the implementation of an order made under this section,

the court may, on the application of a person aggrieved by it, award

damages against the applicant for the order as it considers just, on

being satisfied that—

(a) no infringement of copyright has been established, and

(b) the information on which the copyright owner applied for the

order was given maliciously.

Right of copyright

owner to seize infringing

copies, articles or

devices, etc.

133.—(1) Where it would be impracticable for the owner of the

section 132 , a copy, article or device referred to in section 132 (1) in

respect of which the copyright owner would be entitled to apply for an

order for delivery up under section 131 , may be seized and detained

by the copyright owner or a designated representative thereof where

the copy, article or device is found being hawked, carried about or

marketed.

(2) The right to seize and detain conferred by subsection (1) is

exercisable, subject to subsections (4) to (8) of this section, and is

subject to any decision of the court relating to disposal of infringing

copies, articles or devices under section 145 .

(3) A person who seizes any infringing copies, articles or devices

under this section shall apply to the District Court for an order to

dispose of those copies, articles or devices within 30 days of the

seizure.

(4) Before any infringing copies, articles or devices are seized

under this section notice of the time and place of the proposed seizure

shall be given to a member of the Garda Síochána in the District Court

Area in which the copies, articles or devices are to be seized.

(5) A person exercising the right to seize and detain conferred by

subsection (1) may enter premises to which members of the public

have access.

(6) A person exercising the right to seize and detain conferred by

subsection (1) may not seize anything in the possession, custody or

control of a person at his or her permanent or regular place of

business, trade or profession, and may not use any force.

(7) Without prejudice to the generality of subsection (6), a person

exercising the right to seize and detain conferred by subsection (1)

may make an inventory or prepare other evidence of infringement of

(8) At the time when any infringing copies, articles or devices are

seized under this section there shall be given to the owner, occupier or

person in charge of the place where the copies, articles or devices are

seized a notice, in the prescribed form, informing the person of the

right of the owner of the copies, articles or devices being seized to

apply to the District Court for the return of the copies, articles or

devices on the grounds that they are not—

(a) infringing copies of a work,

(b) articles that have been or are to be used to make infringing

copies, or

(9) Without prejudice to the generality of subsection (8), the

Minister shall prescribe the form of the notice to be given under that

subsection and the form shall specify—

(a) the name and the address of the person claiming to be the

owner of the copyright in the work concerned,

(b) the statutory authority for the seizure,

devices has for such seizure, and

(d) a list of that which is seized.

(10) The owner of any copies, articles or devices seized under this

section may apply to the District Court for the return of those copies,

articles or devices.

(11) Rules of court shall be made under this section and the rules

shall provide for procedures to enable applications to be made and

dealt with in an expeditious manner.

(12) Where there has been an exercise of the right to seize and

detain, conferred by subsection (1), the court may, on the application

of a person aggrieved by it, award damages against a person who

exercises that right as it considers just, on being satisfied that—

(a) no infringement of copyright has been established, and

(b) the person had no reasonable grounds for such seizure.

Rights of owner of

infringing copy.

134.—(1) Subject to the provisions of this Act, the owner of any

of the conversion or detention by any person of—

(a) infringing copies of a work,

(b) articles that have been or are to be used to make infringing

copies, or

as he or she would be entitled to if he or she were the owner of every

such copy, article or device and had been the owner thereof since the

time when it was made.

(2) Where by virtue of section 12(2) (which relates to successive

conversions or detentions) of the Statute of Limitations, 1957 , the

title of the owner of the copyright to such a copy, article or device

referred to in subsection (1) of this section would (if he or she had

been the owner of the copy, article or device) have been extinguished

on the expiration of the period referred to in the said subsection (2), he

or she shall not be entitled to any rights or remedies under subsection

(1) of this section in respect of anything done in relation to that copy,

article or device after the expiration of that period.

(3) In awarding damages for conversion, the court shall take into

account all the circumstances of the case and shall award such sum as

it considers just.

Chapter 10

Rights and Remedies: Exclusive Licensee

Rights and remedies of

exclusive licensee. 135.—(1) An exclusive licensee has, except as against the

occurring after the grant of the licence as if the licence had been an

assignment.

(2) The rights and remedies of an exclusive licensee are concurrent

with those of the copyright owner and references in sections 127 to

134 to the copyright owner shall be construed accordingly.

(3) In proceedings brought by an exclusive licensee under this

section a defendant may avail of any defence which would have been

available to the defendant if the action had been brought by the

Exercise of concurrent

rights. 136.—(1) Where an action for infringement of the copyright in a

work brought by the copyright owner or an exclusive licensee relates,

whether in whole or in part, to an infringement in respect of which

they have concurrent rights of action, the copyright owner or, as the

case may be, the exclusive licensee, may not, without the leave of the

appropriate court, proceed with the action unless the other is either

joined as a plaintiff or added as a defendant.

(2) A copyright owner or exclusive licensee who is added as a

defendant under subsection (1) shall not be liable for any costs in an

action unless he or she takes part in the proceedings.

(3) Nothing in this section shall affect the granting of interlocutory

relief on an application by the copyright owner or exclusive licensee.

(4) Where an action for infringement of copyright is brought which

relates, whether in whole or in part, to an infringement in respect of

which the copyright owner and an exclusive licensee have or had

concurrent rights of action, then, the following shall apply—

(a) in assessing damages the appropriate court shall have regard

to—

(i) the terms of the licence, and

(ii) any pecuniary remedy already awarded or available to

either of them in respect of the infringement;

(b) no account of profits shall be directed where an award of

damages has been made, or an account of profits has been

directed, in favour of one of them in respect of the

infringement;

directed, apportion the profits between them as the court

thinks fit, subject to any agreement between the copyright

owner and the exclusive licensee.

(5) Subsection (4) shall apply whether or not the copyright owner

and the exclusive licensee are both parties to the action.

(6) Before—

(a) applying for an order for delivery up under section 131 ,

Chapter 12

Presumptions

Presumptions. 139.—(1) The presumptions specified in this section shall apply in any

proceedings, whether civil or criminal, for infringement of the copyright in

any work.

(b) applying for an order to seize infringing copies, articles or

devices under section 132 , or

133 ,

the copyright owner shall notify any exclusive licensee having

concurrent rights and the court may, on the application of the licensee,

make such order for delivery up, seizure of infringing copies, articles

or devices or, as the case may be, prohibiting or permitting the

exercise by the copyright owner of the right of seizure and detention

as it thinks fit, having regard to the terms of the licence between the

Chapter 11

Remedies: Moral Rights

Remedies for

infringement of moral

rights.

137.—(1) An infringement of a right conferred by section 107 , 109

, 113 or 114 is actionable as a breach of statutory duty owed to the

person entitled to the right concerned.

(2) A person may apply to the appropriate court for damages or

other relief in respect of an infringement of a right conferred by

section 107 , 109 , 113 or 114 .

(3) In proceedings for infringement of the right conferred by section

109 , the appropriate court may grant an injunction prohibiting any act

unless a sufficient disclaimer is made, on such terms and in such a

manner as is approved of by the court, dissociating the person entitled

to the right from the treatment of the work.

Action in respect of

construction of building. 138.—In any proceedings for infringement of a right conferred by

section 107 , 109 or 113 in respect of the construction of a building,

no injunction or other order shall be made—

(a) after the construction of the building has begun, so as to

prevent it from being completed, or

(b) so as to require the building, in so far as it has been

constructed, to be demolished.

(2) Copyright shall be presumed to subsist in a work until the contrary is

proved.

(3) Except as otherwise provided in this section, where the subsistence of

the copyright in a work is proved or admitted, or is presumed under

subsection (2), the plaintiff shall be presumed to be the owner or, as the case

may be, the exclusive licensee of the copyright, until the contrary is proved.

(4) Where

(a) a name purporting to be that of the author of a work or of the owner

or exclusive licensee of the copyright, as the case may be, appears

on copies of the work, or

(b) a copy of a work bears or incorporates a statement, label or other

mark indicating that a person is the author of the work or the

owner or exclusive licensee of the copyright, as the case may be,

that name, statement, label or mark shall be admissible as evidence of the

fact stated or indicated which shall be presumed to be correct, unless the

contrary is proved.

(5) The person named or in respect of whom a statement, label or other

mark appears on or is borne on or is incorporated in copies of a work in

accordance with subsection (4) shall, unless the contrary is proved, be

presumed not to have made the work—

(a) in the course of employment referred to in section 23 (1)(a),

(b) in the course of employment as an officer or employee of a

prescribed international organisation referred to in section 196 ,

Government or of the State referred to in section 191 ,

(d) under the direction or control of either or both of the Houses of the

Oireachtas referred to in section 193 , or

(e) in circumstances in which the copyright in the work is conferred on

another person by an enactment referred to in section 23 (1)(d).

(6) Where a work purports to be a work of joint authorship, subsections

(2), (3), (4) and (5) shall apply in relation to each person purporting to be one

of the authors of the work.

(7) Where no name purporting to be that of the author of the work or of the

owner or exclusive licensee of the copyright, as the case may be, appears on

the work or where the work does not bear or incorporate a statement, label or

other mark in accordance with subsection (4) and—

(a) the work qualifies for copyright protection by reference to the

country, territory, state or area, in which it was first lawfully made

available to the public, and

(b) (i) a name purporting to be that of the person who first lawfully

made available to the public the work appears on copies of the

work as first so made available, or

(ii) copies of the work bear or incorporate a statement, label or

other mark indicating that a named person first lawfully made

available to the public the work,

then, that named person shall be presumed to have been the author of the

work or the owner or exclusive licensee of the copyright, as the case may be,

at the time when the work was first lawfully made available to the public,

unless the contrary is proved.

(8) Where the author of the work is dead or the identity of the author

cannot be ascertained by reasonable enquiry, it shall be presumed, unless the

contrary is proved—

(a) that the work is an original work, and

(b) that the claims made by the plaintiff as to the date on which the work

was first lawfully made available to the public and as to the

country, territory, state or area in which the work was first so

made available are correct.

(9) The presumptions set out in subsections (2) to (8) shall apply to the

same extent in any actions relating to an infringement which occurred before

the date on which copies of a work were first lawfully made available to the

public.

Chapter 13

Offences: Copyright

Offences. 140.—(1) A person who, without the consent of the copyright owner—

(a) makes for sale, rental or loan,

(b) sells, rents or lends, or offers or exposes for sale, rental or loan,

domestic use,

(d) in the course of a business, trade or profession, has in his or her

possession, custody or control, or makes available to the public,

(e) otherwise than in the course of a business, trade or profession, makes

available to the public to such an extent as to prejudice the

interests of the owner of the copyright,

a copy of a work which is, and which he or she knows or has reason to

believe is, an infringing copy of the work, shall be guilty of an offence.

(2) In this section “loan” means a loan for reward and in particular does

not include a loan to a family member or friend for private and domestic use,

and “lends” shall be construed accordingly.

(3) A person who—

(a) makes,

(b) sells, rents or lends, or offers or exposes for sale, rental or loan,

(d) has in his or her possession, custody or control,

an article specifically designed or adapted for making copies of a work,

knowing or having reason to believe that it has been or is to be used to make

infringing copies, shall be guilty of an offence.

(4) A person who—

(a) (i) makes,

(ii) sells, rents or lends, or offers or exposes for sale, rental or loan,

(iii) imports into the State, or

(iv) has in his or her possession, custody or control,

a protection-defeating device, knowing or having reason to believe

that it has been or is to be used to circumvent rights protection

measures, or

(b) provides information, or offers or performs any service, intended to

enable or assist a person to circumvent rights protection measures,

shall be guilty of an offence.

(5) Where copyright is infringed by—

(a) the public performance of a literary, dramatic or musical work,

(b) the playing or showing in public of a sound recording, artistic work,

original database or film, or

service,

the person who caused the work to be so performed, played, broadcast,

included in a cable programme service or shown shall be guilty of an offence

where he or she knew or had reason to believe that the copyright in the work

would be infringed.

(6) An offence shall not be committed under subsection (1) or (5) by the

undertaking of an act which under this Part may be undertaken without

infringing the copyright in a work.

(7) A person guilty of an offence under subsection (1), (3) or (4) shall be

liable—

(a) on summary conviction, to a fine not exceeding £1,500 class C fine91

in respect of each infringing copy, article or device, or to

imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine not exceeding £100,000

€130,00092, or to imprisonment for a term not exceeding 5 years,

or both.

(8) A person guilty of an offence under subsection (5) shall be liable—

(a) on summary conviction, to a fine not exceeding £1,500 class C fine93

in respect of such offence or to imprisonment for a term not

exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine not exceeding £100,000

€130,00094, or to imprisonment for a term not exceeding 5 years,

or both.

False claims of

under this Part which is, and which he or she knows or has reason to believe

is, false, shall be guilty of an offence and shall be liable on conviction on

indictment to a fine not exceeding £100,000 €130,00095, or to imprisonment

for a term not exceeding 5 years, or both.

Order for

delivery up in

criminal

proceedings.

142.—(1) The court may, on conviction of a person or being satisfied that

there is a prima facie case to answer, where the court is satisfied that at the

time of the arrest or charge the person had in his or her possession, custody

or control—

(a) in the course of a business, trade or profession, a copy of a work,

knowing or having reason to believe it to be an infringing copy,

(b) an article specifically designed or adapted for making copies of a

work, knowing or having reason to believe that it had been or was

to be used to make infringing copies, or

order that the infringing copy, article or device be delivered up to the

(2) An order may be made by the court of its own motion, or on the

application of the person bringing a prosecution, and may be made whether

or not the person is convicted of the offence, but shall not be made—

91 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 92 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 93 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 94 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 95 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(a) after the expiration of the period specified in section 144 (3) as being

the limit of the period for delivery up, or

(b) where it appears to the court unlikely that any order will be made as

to the disposal of the infringing copies, articles or devices.

(3) A person to whom an infringing copy, article or device is delivered up

pursuant to an order made under this section shall retain it pending the

making of a final order or decision not to make an order, as the case may be.

Search warrants

and seizure. 143.—(1) Where a judge of the District Court is satisfied by information

on oath that there are reasonable grounds for suspecting—

(a) that an offence under section 140 has been, or is about to be,

committed in, on or at any premises or place, and

(b) that evidence that such an offence has been, or is about to be,

committed is in on or at those premises or that place,

the court may issue a warrant authorising a member of the Garda Síochána,

accompanied by such other members of the Garda Síochána or other person

or persons as that member thinks proper, at any time or times within 28 days

from the date of the issue of the warrant on production, where requested, of

that warrant, to enter and search the premises or place specified in the

warrant using reasonable force where necessary, and to do all or any of the

following acts:

(i) to seize any copies of any works, articles or devices in respect of

which he or she has reasonable grounds for suspecting that an

offence under section 140 has been or is about to be committed;

(ii) to make an inventory or prepare other evidence of infringement of

(iii) to seize anything found there which he or she believes on

reasonable grounds may be required to be used in evidence in any

proceedings brought in respect of an offence under this Act;

(iv) to require any person found there to give his or her name and

address.

(2) A warrant issued under this section may authorise persons, including

the copyright owner or designated representative thereof, to accompany and

assist any member of the Garda Síochána in executing the warrant or in

collating any inventory or other evidence.

(3) A person who—

(a) obstructs or interferes with a person acting under the authority of a

warrant issued under this section,

(b) is found in, on or at the premises or place specified in the warrant by

a member of the Garda Síochána acting as aforesaid and who fails

or refuses to give the member his or her name and address when

required to do so or gives a name or address that is false or

misleading,

this section, or

(d) fails or refuses to give information to a member of the Garda

Síochána when requested to do so under this section,

shall be guilty of an offence and shall be liable on summary conviction to a

fine not exceeding £1,500 class C fine96, or to imprisonment for a term not

exceeding 12 months, or both.

Chapter 14

Delivery up and Disposal

Period after

which remedy

for delivery up

is not available.

144.—(1) Subject to subsection (2), an application for an order under

section 131 may not be made after the expiration of 6 years from the date on

which the infringing copy, article or device was made.

(2) Where, during the whole or any part of the period referred to in

subsection (1), the copyright owner—

(a) is under a disability, or

(b) is prevented by fraud or concealment from discovering the facts

entitling him or her to apply for an order,

an application under section 131 may be made at any time before the

expiration of 6 years from the date on which the applicant ceased to be under

a disability, or, as the case may be, could, with reasonable diligence, have

discovered those facts.

(3) An order for delivery up in criminal proceedings under section 142

shall not, in any case, be made after the expiration of 6 years from the date on

which the proceedings under that section were initiated.

(4) Where, in any proceedings for an order for delivery up under section

131 or 142, the date of the making of the infringing copy, article or device is

put into question by the defendant, the onus of proof shall be on the

defendant that the infringing copy, article or device was made more than 6

years before the date on which an application for an order under section 131

was made or proceedings under section 142 were initiated.

Order as to

disposal of

infringing copy,

article or device.

145.—(1) An application may be made to the appropriate court for an

order that an infringing copy, article or device—

(a) delivered up under section 131 or 142 , or

(b) seized and detained under section 132 or 143 ,

96 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

shall be—

(i) forfeited to the copyright owner, or

(ii) destroyed or otherwise dealt with as the court may direct,

and the court may make such an order or such other order as it thinks fit.

(2) In considering what order, if any, should be made under subsection (1),

the court shall consider whether other remedies available in an action for

infringement of the copyright in a work would be adequate to compensate the

(3) Provision shall be made by rules of the court as to the service of notice

on persons having an interest in the copies, articles or devices concerned, and

any such person may—

(a) appear in proceedings for an order under this section whether or not

he or she was served with notice, or

(b) appeal against any order made, whether or not he or she appeared in

the proceedings concerned.

(4) An order made under this section shall not take effect until the

expiration of the period within which notice of an appeal may be given or,

where before the expiration of that period notice of appeal is duly given, until

the final determination or abandonment of the proceedings on the appeal.

(5) Where there is more than one person interested in a copy, article or

device, the court shall make such order as it thinks fit and may direct the

copy, article or device to be sold or otherwise dealt with and any proceeds

divided in accordance with the direction of the court.

(6) Where the court decides that no order shall be made under this section,

the person who had the copy, article or device in his or her possession,

custody or control immediately before it was delivered up or seized shall be

entitled to its return.

(7) References in this section to a person having an interest in a copy,

article or device include any person in whose favour an order may be made

under this section in respect of the copy, article or device or under section

264 or under section 23 of the Trade Marks Act, 1996 .

Amendment to

section 23 of

Trade Marks

Act, 1996.

146.— Section 23 of the Trade Marks Act, 1996 , is hereby amended by

the substitution of the following subsection for subsection (6) of that section:

“(6) References in this section to a person having an interest in goods,

material or articles include references to any person in whose favour an order

could have been made under sections 145 and 264 of the Copyright and

Related Rights Act, 2000.”.

Chapter 15

Provision for Preventing Importation

Infringing

copies, articles

or devices may

be treated as

prohibited

goods.

147.—(1) The owner of the copyright in a work may give notice in writing

to the Revenue Commissioners—

(a) that he or she is the owner of the copyright in the work, and

(b) that he or she requests the Revenue Commissioners for a period

specified in the notice to treat as prohibited goods—

(i) copies of the work which are infringing copies,

(ii) articles specifically designed or adapted or used for making

infringing copies of the work, or

(iii) protection-defeating devices.

(2) The period specified in a notice given under subsection (1) shall not

exceed 5 years and in any case shall not extend beyond the period for which

(3) The owner of the copyright in a work may give notice in writing to the

Revenue Commissioners—

(a) that he or she is the owner of the copyright in the work,

(b) that infringing copies, articles or devices referred to in subsection

(1)(b) are expected to arrive in the State at a time and a place

specified in the notice, and

copies, articles or devices as prohibited goods.

(4) When a notice given under subsection (1) is in force the importation of

goods to which the notice relates, other than copies of a work imported by a

person for his or her private and domestic use, is prohibited.

(5) Notwithstanding subsection (4) or anything contained in the Customs

Acts, a person is not, by reason of the prohibition, liable to any penalty under

the Customs Acts other than forfeiture of the prohibited goods.

(6) In this section “prohibited goods” means counterfeit or pirated goods

within the meaning of the European Communities (Counterfeit and Pirated

Goods) Regulations, 1996 ( S.I. No. 48 of 1996 ).

Power of

Revenue

Commissioners

to make

regulations.

148.—(1) The Revenue Commissioners may prescribe the form in which

notice is to be given under section 147 and require a person giving notice—

(a) to furnish the Revenue Commissioners with such evidence as may

be prescribed, either on giving notice or when the goods are

imported, or at both these times, and

(b) to comply with such other conditions as may be prescribed.

(2) Regulations made under this section may require a person giving a

notice under section 147 —

(a) to pay such fees in respect of the notice as may be specified by the

Revenue Commissioners from time to time,

(b) to give such security as may be specified by the Revenue

Commissioners in respect of any liability or expense which the

Revenue Commissioners may incur in consequence of the notice

given by reason of the detention of any infringing copy, article or

device or anything done to any infringing copy, article or device

detained, and

or expense whether security has been given or not.

(3) Regulations made under this section may make different provisions in

respect of different classes of case to which they apply and may include such

incidental and supplementary provisions as the Revenue Commissioners

consider expedient from time to time.

(4) Any fees paid pursuant to regulations made under this section shall be

accounted for in such manner as shall be prescribed by the Minister for

Finance.

Chapter 16

Copyright Licensing

Licensing

schemes and

licensing

bodies.

149.—(1) In this Part—

“licences” means licences to undertake or authorise the undertaking of any of

the acts restricted by copyright;

“licensing body” means a society or other organisation which has as its main

object, or one of its main objects, the negotiating or granting, either as owner

or prospective owner of copyright, or as exclusive licensee, or as agent for

him or her, of copyright licences, and whose objects include the granting of

licences relating to works of more than one copyright owner;

“licensing scheme” means a scheme specifying—

(a) the classes of case in which the operator of the scheme, or the person

on whose behalf that operator acts, is willing to grant copyright

licences, and

(b) the terms on which licences would be granted in those classes of

case,

and for this purpose a “scheme” includes anything in the nature of a scheme,

whether described as a scheme or as a tariff or by any other name.

(2) References in this Part to licences or licensing schemes relating to

works of more than one copyright owner shall not include licences or

schemes relating to—

(a) a single collective work, or collective works of which the authors are

the same, or

(b) works made by, or by employees of or commissioned by, a single

individual, firm, company or group of companies, including

holding companies and their subsidiaries.

References and Applications Relating to Licensing Schemes

General

references. 150.—Sections 151 to 156 apply to licensing schemes which are operated

by licensing bodies in relation to the copyright in works of more than one

restricted by copyright under section 37 .

Reference of

proposed

licensing

scheme to

Controller.

151.—(1) The terms of a licensing scheme proposed to be operated by a

licensing body may be referred to the Controller by an organisation which

claims to be representative of persons who claim that they require licences in

cases of a description to which the scheme would apply.

(2) The Controller shall not consider a reference by an organisation under

subsection (1) unless the Controller is satisfied that the organisation is

representative of the class of persons that it claims to represent.

(3) The Controller may refuse to consider a reference under subsection (1)

on the ground that the reference is premature.

(4) Where the Controller decides to consider a reference under subsection

(1), he or she shall consider the subject matter of the reference and make an

order, either confirming or varying the proposed scheme, as the Controller

may determine to be reasonable in the circumstances.

(5) An order under subsection (4) may be made for such period as the

Controller may determine.

Reference of

licensing

scheme to

Controller.

152.—(1) Where a licensing scheme is in operation and a dispute arises

with respect to the scheme between the operator of the scheme and—

(a) a person claiming that he or she requires a licence in a case of a

description to which the scheme applies, or

(b) an organisation claiming to be representative of such persons,

that operator, person or organisation may refer the scheme to the Controller

in so far as it relates to cases of that description.

(2) The Controller shall not consider a reference by an organisation under

subsection (1) unless the Controller is satisfied that the organisation is

representative of the class of persons that it claims to represent.

(3) A scheme which has been referred to the Controller under subsection

(1) shall remain in operation until proceedings in relation to the reference are

concluded.

(4) The Controller shall consider the matter referred to him or her and shall

make an order, confirming or varying the scheme, as the Controller may

determine to be reasonable in the circumstances.

(5) An order under subsection (4) may be made for such period as the

Controller may determine.

Further

reference of

scheme to

Controller.

153.—(1) Where the Controller has, in respect of a licensing scheme under

section 151 or 152 or under this section, made an order in respect of a

scheme, and the order remains in force, the persons to whom this section

applies may refer the scheme to the Controller in so far as it relates to cases

of that description.

(2) This section applies to—

(a) the operator of the scheme,

(b) a person claiming that he or she requires a licence in a case of the

description to which the order applies, and

to in paragraph (b).

(3) Where an order under section 151 or 152 or this section is in force, the

licensing scheme in respect of which the order is made shall not, except with

the special leave of the Controller, be referred to the Controller in respect of

the same description of cases—

(a) within 12 months from the date of the order in respect of the

previous reference, or

(b) where the order was made so as to be in force for 15 months or less,

until the last 3 months before the expiration of the order.

(4) A scheme which has been referred to the Controller under subsection

(1) shall remain in operation until proceedings in relation to the reference are

concluded.

(5) The Controller shall consider the matter referred to him or her and shall

make an order, confirming, varying or further varying the scheme, as the

Controller may determine to be reasonable in the circumstances.

(6) An order under subsection (5) may be made for such period as the

Controller may determine.

Application for

grant of licence

in connection

154.—(1) A person who claims, in a case to which a licensing scheme

relates, that the operator of the scheme has refused to grant or to procure the

with licensing

scheme. grant to him or her of a licence in accordance with the scheme, or has failed

to do so within a reasonable period, may apply to the Controller for an order

under subsection (4).

(2) A person who claims, in a case excluded from a licensing scheme, that

the operator of the scheme—

(a) has refused to grant or to procure the grant to him or her of a licence,

or has failed to do so within a reasonable period and that in the

circumstances it is unreasonable that a licence should not be

granted, or

(b) proposes terms for a licence that are unreasonable,

may apply to the Controller for an order under subsection (4).

(3) A case shall be regarded as being excluded from a licensing scheme for

the purposes of subsection (2) where—

(a) the scheme provides for the grant of licences, subject to terms

excepting matters from the licence and the case is within such an

exception, or

(b) the case is so similar to those in which licences are granted under the

scheme that it is unreasonable that it should not be dealt with in

the same way.

(4) Where the Controller is satisfied that a claim under this section is well-

founded, he or she shall make an order declaring that in respect of the matters

specified in the order, the applicant is entitled to a licence on such terms as

the Controller may determine to be applicable in accordance with the

scheme, or as the case may be, to be reasonable in the circumstances.

(5) An order under subsection (4) may be made for such period as the

Controller may determine.

Review of

orders made by

Controller.

155.—(1) Where the Controller has made an order under section 154 that a

person is entitled to a licence under a licensing scheme, the operator of the

scheme or the original applicant may apply to the Controller for a review of

that order.

(2) An application under subsection (1) shall not be made except with the

special leave of the Controller—

(a) within 12 months from the date of the order or of the decision on a

previous application under this section, or

(b) where—

(i) the order was made so as to be in force for 15 months or less,

(ii) as a result of the decision on a previous application under this

section the order is due to expire within 15 months of that

decision,

until the last 3 months before the expiration date.

(3) The Controller shall, on an application for review, confirm or vary his

or her order as the Controller may determine to be reasonable, having regard

to the terms applicable in accordance with the licensing scheme or, as the

case may be, the circumstances of the case.

Effect of order

of Controller as

to licensing

scheme.

156.—(1) A licensing scheme which has been confirmed or varied by the

Controller under section 151 , 152 or 153 shall be in operation or, as the case

may be, remain in operation, in so far as it relates to the description of case in

respect of which the order was made, for such period as the order remains in

force.

(2) Where an order made by the Controller under section 151 , 152 or 153

confirming or varying a licensing scheme is in force (in this section referred

to as “an order to which this section applies”), a person who, in a case of a

class to which the order applies—

(a) pays to the operator of the scheme any charges payable under the

scheme in respect of a licence applying to the case concerned or,

where the amount cannot be ascertained, gives an undertaking to

the operator to pay the charges when ascertained, and

(b) complies with the other terms applicable to the licence under the

scheme,

is in the same position as regards infringement of copyright as if he or she

had at all material times been the holder of a licence granted by the owner of

the copyright concerned in accordance with the scheme.

(3) Subject to subsection (4), the Controller may direct that an order to

which this section applies, in so far as it varies the amount of charges

payable, has effect from a date before that on which it was made, but not

earlier than the date on which the reference was made, or where later, the

date on which the scheme came into operation.

(4) Where a direction is made under subsection (3)—

(a) any necessary repayments or further payments shall be made in

respect of charges already paid, and

(b) the reference in subsection (2)(a) to the charges payable under the

scheme shall be construed as a reference to the charges so payable

by virtue of the order.

(5) A direction shall not be made under this section where subsection (6)

applies.

(6) An order of the Controller made under section 152 or 153 in relation to

a scheme which is certified for any purpose under section 173 has effect, in

so far as it varies the scheme by reducing the charges payable for licences,

from the date on which the reference was made to the Controller.

(7) Where the Controller has made an order under section 154 and the

order remains in force, the person in whose favour the order is made, where

he or she—

(a) pays to the operator of the scheme any charges payable in

accordance with the order or, where the amount cannot be

ascertained, gives an undertaking to the operator to pay the

charges when ascertained, and

(b) complies with the other terms specified in the order,

is in the same position as regards infringement of copyright as if he or she

had at all material times been the holder of a licence granted by the owner of

the copyright concerned on the terms specified in the order.

References and Applications Relating to Licensing by Licensing Bodies

General

references by

licensing

bodies.

157.— Sections 158 to 161 apply to licences in relation to the copyright in

works of more than one copyright owner, granted by a licensing body

otherwise than pursuant to a licensing scheme, in so far as the licences relate

to any of the acts restricted by copyright under section 37 .

Reference to

Controller of

proposed

licence.

158.—(1) The terms on which a licensing body proposes to grant a licence

may be referred to the Controller by the prospective licensee for an order

under subsection (3).

(2) The Controller may refuse to consider a reference under subsection (1)

on the ground that the reference is premature.

(3) Where the Controller decides to consider a reference under subsection

(1), he or she shall consider the terms of the proposed licence and make an

order, confirming or varying the terms, as the Controller may determine to be

reasonable in the circumstances.

(4) An order under subsection (3) may be made for such period as the

Controller may determine.

Reference to

Controller of

expiring licence.

159.—(1) A licensee under a licence which is due to expire with the

passage of time or as a result of notice given by the licensing body may apply

to the Controller on the ground that it is unreasonable in the circumstances

that the licence should cease to be in force.

(2) An application under subsection (1) may be made at any time during

the last 3 months before the expiration of the licence.

(3) A licence in respect of which a reference has been made to the

Controller under subsection (1) shall remain in force until proceedings in

relation to the reference are concluded.

(4) Where the Controller is satisfied that an application made under

subsection (1) is well-founded, he or she shall make an order declaring that

the licensee shall continue to be entitled to the benefit of the licence on such

terms as the Controller may determine to be reasonable in the circumstances.

(5) An order under subsection (4) may be made for such period as the

Controller may determine.

Application for

review of order

made by

Controller.

160.—(1) Where the Controller has made an order under section 158 or

159 , the licensing body or the person entitled to the benefit of the order may

apply to the Controller for a review of that order.

(2) An application under subsection (1) shall not be made except with the

special leave of the Controller—

(a) within 12 months from the date of the order or of the decision on a

previous application under this section, or

(b) where—

(i) the order was made so as to be in force for 15 months or less,

(ii) as a result of the decision on a previous application under this

section, the order is due to expire within 15 months of that

decision,

until the last 3 months before the expiration date.

(3) The Controller shall, on an application for review, confirm or vary his

or her order as the Controller may determine to be reasonable in the

circumstances.

Effect of order

of Controller as

to licence.

161.—(1) Where the Controller has made an order under section 158 or

159 , and the order remains in force, the person entitled to the benefit of the

order, where he or she—

(a) pays to the licensing body any charges payable in accordance with

the order or, where the amount cannot be ascertained, gives an

undertaking to the operator to pay the charges when ascertained,

and

(b) complies with the other terms specified in the order,

is in the same position as regards infringement of copyright as if he or she

had at all material times been the holder of a licence granted by the owner of

the copyright concerned on the terms specified in the order.

(2) The benefit of an order made under section 158 or 159 may be

assigned—

(a) in the case of an order made under section 158 , where assignment is

not prohibited under the terms of the order of the Controller, and

(b) in the case of an order made under section 159 , where assignment

was not prohibited under the terms of the original licence.

(3) The Controller may direct that an order made under section 158 or 159

or an order made under section 160 varying such an order, in so far as it

varies the amount of charges payable, has effect from a date before that on

which it was made, but not earlier than the date on which the reference or

application was made or, where later, the date on which the licence was

granted or, as the case may be, was due to expire.

(4) Where a direction is given under subsection (3)—

(a) any necessary repayments or further payments shall be made in

respect of charges already paid, and

(b) the reference in subsection (1)(a) to the charges payable in

accordance with the order shall be construed, where the order is

varied by a further order, as a reference to the charges so payable

by virtue of that further order.

Licensing: Miscellaneous

General

considerations:

unreasonable

discrimination.

162.—(1) In determining what is reasonable, on a reference or application

under this Chapter relating to a licensing scheme or licence, the Controller

shall have regard to—

(a) the availability of other schemes, or the granting of other licences, to

other persons in similar circumstances, and

(b) the terms of those schemes or licences,

and shall exercise his or her powers so as to ensure that there is no

unreasonable discrimination between licensees, or prospective licensees,

under the scheme or licence to which the reference or application relates and

licensees under other schemes operated by, or other licences granted by, the

same person.

(2) Subsection (1) shall not affect the obligation of the Controller in any

case to have regard to all relevant circumstances.

Licences for

reprographic

copying.

163.— Where a reference or application is made to the Controller under

this Chapter relating to the licensing of reprographic copying of literary,

dramatic, musical or artistic works, original databases, or of the

typographical arrangement of published editions, which have been lawfully

made available to the public, the Controller shall have regard to—

(a) the extent to which copies of the works concerned are otherwise

available,

(b) the proportion of the work to be copied, and

Licences to

reflect payments

in respect of

underlying

rights.

164.—Where a reference or an application is made under this Chapter in

relation to licensing of the copyright in a work, the Controller shall take into

account, in considering what charges are to be paid for a licence, any

payments which the owner of the copyright is liable to make pursuant to the

granting of the licence, or pursuant to the acts authorised by the licence—

(a) to owners of the copyright in works included in the work, or

(b) in respect of any performance, included in the work.

Licences to

reflect

conditions

imposed by

promoters of

events.

165.—(1) Where a reference or an application is made under this Chapter

relating to licensing in respect of the copyright in sound recordings, films,

broadcasts or cable programmes which include, or are to include, any

entertainment or other event, the Controller shall have regard to any

conditions imposed by the promoters of the entertainment or other event, and

in particular the Controller shall not consider a refusal or failure to grant a

licence to be unreasonable where it could not have been granted in a manner

which is consistent with those conditions.

(2) Nothing in this section shall require the Controller to have regard to

any conditions where those conditions—

(a) purport to regulate the charges to be imposed in respect of the grant

of licences, or

(b) relate to payments to be made to the promoters of any event in

consideration of the grant of facilities for making the sound

recording, film, broadcast or cable programme.

Licences in

respect of works

included in

retransmissions.

166.—(1) This section applies to references or applications under this

Chapter relating to licences to include a work in a broadcast or cable

programme service, where one broadcast or cable programme (in this section

referred to as the “first transmission”) is, by reception and immediate

retransmission without alteration, to be further broadcast or included in a

cable programme service (in this section referred to as the “further

transmission”).

(2) In so far as the further transmission is to the same area as the first

transmission, the Controller shall, in considering what charges, if any, are to

be paid for licences for either transmission, have regard to the extent to

which the copyright owner has already received, or is entitled to receive,

payment for the other transmission which adequately remunerates that owner

in respect of transmissions to that area.

(3) In so far as the further transmission is to an area outside that to which

the first transmission was made, the Controller shall disregard all further

transmission in considering what charges, if any, are to be paid for licences

for the first transmission.

Implied

indemnity in

certain schemes

and licences for

reprographic

copying.

167.—(1) This section applies to—

(a) schemes for licensing reprographic copying of literary, dramatic,

musical or artistic works, original databases, or of the

typographical arrangement of published editions, lawfully made

available to the public, and

(b) licences granted by licensing bodies for such copying,

where the scheme or licence concerned does not specify the works to which

it applies with sufficient particularity so as to enable licensees to determine

whether a work is within the scheme or licence by inspection of the scheme

or licence and the work.

(2) There is implied in every scheme or licence to which this section

applies—

(a) an undertaking by the operator of the scheme to indemnify a person

granted a licence under the scheme, and

(b) an undertaking by the licensing body to indemnify a licensee,

against any liability incurred by a person or licensee by reason of his or her

having infringed copyright by making or authorising the making of

reprographic copies of a work in circumstances within the apparent scope of

the licence.

Power to extend

application of

scheme or

licence.

168.—(1) This section applies to—

(a) a licensing scheme to which sections 151 to 156 apply, in so far as

they provide for the grant of licences, or

(b) a licence to which sections 158 to 161 apply,

in so far as the scheme provides for the grant of licences, or the licence is a

licence which authorises the making by or on behalf of educational

establishments for the purposes of instruction education97 of reprographic

copies of literary, dramatic, musical or artistic works, original databases or of

the typographical arrangement of published editions; which have been

lawfully made available to the public.

(2) Where it appears to the Minister with respect to a scheme or licence to

which this section applies that—

(a) works of a description similar to those covered by the scheme or

licence are unreasonably excluded from it, and

(b) making those works subject to a licensing scheme or general licence

would not conflict with the normal exploitation of the works or

prejudice the interests of the owner of the copyright,

the Minister may by order provide that the scheme or licence shall extend to

those works.

(3) Where the Minister proposes to make an order under subsection (2), he

or she shall give notice of the proposal to—

(a) the owner of the copyright,

(b) the licensing body concerned, and

97 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

establishments, and such other persons or organisations, as the

Minister thinks fit.

(4) Where the identity of a person, body or organisation required to be

given notice under subsection (3) cannot be ascertained by reasonable

enquiry, an advertisement published by the Minister in Iris Oifigiúil and at

least two newspapers circulating in the State specifying details of the

proposal to extend the scheme or licence shall be deemed to be notice for the

purposes of that subsection.

(5) A notice given under subsection (3) shall inform the persons referred to

in that subsection of their right to make oral or written representations to the

Minister concerning the proposal within 6 months from the date of the notice,

and where any of those persons wishes to make oral representations, the

Minister shall appoint a person to hear the representations and to report to the

Minister.

(6) In considering whether to make an order under subsection (2), the

Minister shall take into account any representations made to him or her under

subsection (5) and such other matters as appear to the Minister to be relevant.

Variation or

discharge of

order extending

scheme or

licence.

169.—(1) The owner of the copyright in a work in respect of which an

order is in force under section 168 may apply to the Minister for the variation

or discharge of the order, stating his or her reasons for making the

application.

(2) The Minister shall not consider an application made within 2 years of

the making of the original order, or of the making of an order on a previous

application under this section, unless it appears to the Minister that the

circumstances are exceptional.

(3) The Minister may confirm the order concerned and where the Minister

refuses to confirm the order, he or she shall give notice of the application

to—

(a) the licensing body concerned, and

(b) such persons or organisations representative of educational

establishments, and such other persons or organisations, as the

Minister thinks fit.

(4) A notice given under subsection (3) shall inform the persons referred to

in that subsection of their right to make written or oral representations to the

Minister concerning the application under subsection (1) within 2 months

from the date of the notice, and where any of those persons wishes to make

oral representations, the Minister shall appoint a person to hear the

representations and to report to the Minister.

(5) In considering an application under subsection (1), the Minister shall

take into account the reasons for the application, any representations made to

him or her under subsection (4) and such other matters as appear to the

Minister to be relevant.

(6) The Minister may make such order as he or she thinks fit confirming or

discharging the order or, as the case may be, the order as previously varied,

or varying or further varying the order so as to exclude works from it.

Appeals against

orders. 170.—(1) The owner of the copyright in a work which is the subject of an

order made under section 168 may appeal to the High Court which may

confirm or discharge the order, or vary it so as to exclude works from it, as it

thinks fit, having regard to the matters referred to in section 168 (2).

(2) Where the Minister has made an order under section 169 —

(a) the person who applied for the order, or

(b) any person or organisation representative of educational

establishments, or any other persons or organisations as the

Minister thinks fit, who were given notice of the application for

the order and who made representations under subsection (4) of

that section,

may appeal to the High Court, which may confirm, vary or discharge the

order.

(3) An appeal under this section shall be brought within 6 weeks of the

making of the order, or such further period as the High Court may allow.

(4) An order made under section 168 or 169 shall not come into force until

the expiration of 6 weeks from the making of the order or, where an appeal is

brought before the expiration of that period, until the appeal proceedings are

disposed of or withdrawn.

(5) Where an appeal is brought on or before the expiration of the period

specified in subsection (4), any decision of the High Court on the appeal shall

not affect the validity of anything done in reliance on the order before that

decision takes effect.

Inquiry whether

other provisions

required.

171.—(1) The Minister may appoint a person to inquire whether other

provisions are required (whether by way of a licensing scheme or general

licence) to authorise the making by or on behalf of educational

establishments for the purposes of instruction education98 of reprographic

copies of literary, dramatic, musical or artistic works, original databases, or

of the typographical arrangement of published editions, which—

(a) have been lawfully made available to the public, and

(b) are of a description which appears to the Minister—

(i) not to be regulated by an existing licensing scheme or general

licence, and

(ii) not to be within the power conferred by section 168 .

98 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(2) The Minister may prescribe procedures for the establishment and

conduct of an inquiry under this section and without prejudice to the

generality of the aforesaid may prescribe that—

(a) notice be given to persons or organisations appearing to the Minister

to represent the owners of the copyright in works of that

description,

(b) notice be given to persons or organisations appearing to the Minister

to represent educational establishments, or

(3) Where procedures are prescribed under subsection (2), they shall not

affect the rights of any other person to be given notice of such inquiries or

the making of representations by other persons or organisations.

(4) The person appointed to hold an inquiry under this section shall not

recommend the making of other provisions unless he or she is satisfied that—

(a) it would be of advantage to educational establishments to be

authorised to make reprographic copies of the works concerned,

and

(b) making those works subject to a licensing scheme or general licence

would not conflict with the normal exploitation of the works or

prejudice the interests of the owner of the copyright.

(5) Where a person appointed to hold an inquiry under this section

recommends the making of other provisions, he or she shall specify any

terms, other than terms as to the charges payable, on which licences under

those provisions shall be available.

Statutory

licence where

recommendation

not

implemented.

172.—(1) The Minister may, within one year of the making of a

recommendation under section 171 , by order provide, that where the

provision to which subsection (2) applies has not been made pursuant to the

recommendation, the making by or on behalf of an educational

establishment, for the purposes of instruction education99, of reprographic

copies of the works to which the recommendation relates, shall be deemed to

be licensed by the owners of the copyright in the works.

(2) For the purposes of subsection (1), provision shall be regarded as

having been made pursuant to the recommendation where—

(a) a certified licensing scheme has been established under which a

licence is available to the establishment concerned, or

(b) a general licence has been—

(i) granted to or for the benefit of that establishment,

99 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(ii) referred by or on behalf of that establishment to the Controller

under section 158 , or

(iii) offered to or for the benefit of that establishment and refused

without such a reference,

and the terms of the scheme or licence accord with the recommendation.

(3) An existing licence authorising the making of the copies referred to in

subsection (1) (not being a licence granted under a certified licensing scheme

or a general licence) shall cease to have effect to the extent that it is more

restrictive or more onerous than the licence provided for by an order made

under subsection (1).

(4) An order made under subsection (1) shall provide that the licence be

free of any charge and, in relation to other matters, shall be subject to any

terms specified in the recommendation and to such other terms as the

Minister may think fit.

(5) Where a copy which would otherwise be an infringing copy is made

pursuant to a licence provided for by an order made under subsection (1) and

is subsequently sold, rented or lent, or offered or exposed for sale, rental or

loan, or otherwise made available to the public, it shall be treated as an

infringing copy for those purposes and for all subsequent purposes.

(6) An order made under subsection (1) shall come into operation not less

than 6 months after it is made and, subject to subsection (7), the order may be

varied from time to time.

(7) An order made under subsection (1) shall not be varied so as to include

works other than those to which the recommendation relates or to remove

any terms specified in the recommendation.

(8) In this section, “certified licensing scheme” means a licensing scheme

certified under section 173 for the purposes of this section.

Certification of

licensing

schemes.

173.—(1) A person operating or proposing to operate a licensing scheme

may apply to the Minister to certify the scheme for the purposes of section 56

, 57 57C100 or 172 .

(2) The Minister may by order certify a licensing scheme where he or she

is satisfied that—

(a) the licensing body in charge of the scheme is representative of a

substantial number of rightsholders in the category of works to

which the scheme is designed to apply, and

(b) the scheme sets out clearly the charges payable and the other terms

and conditions on which licences are to be granted.

100 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(3) The scheme shall be set out in an order made under subsection (2) and

the certification shall come into operation for the purposes of section 56 , 57

57C101 or 172 as the case may be—

(a) on a date, specified in the order, not less than 8 weeks after the order

is made, or

(b) where the scheme is the subject of a reference under section 151 , on

any later date on which the order of the Controller under that

section comes into force, or the reference is withdrawn.

(4) A variation of the scheme to which this section applies is not effective

unless a corresponding amendment of the order is made and the Minister

shall make such an amendment in the case of a variation ordered by the

Controller on a reference under section 151 , 152 or 153 and may do so in

any other case where the Minister thinks fit.

(5) An order made under subsection (2) shall be revoked where the scheme

ceases to operate and may be revoked where it appears to the Minister that

the scheme is no longer being operated in accordance with the terms of the

order.

Cable Retransmissions

Collective

exercise of

certain rights in

relation to cable

retransmissions.

174.—(1) The owner of the copyright in a literary, dramatic, musical or

artistic work, an original database, a sound recording or a film shall have the

right to grant or refuse authorisation for cable retransmission of a broadcast

or cable programme from another Member State of the EEA in which the

work is included.

(2) The right conferred by this section shall be known and in this section

referred to as the “cable retransmission right”.

(3) The cable retransmission right may be exercised against a cable

programme service provider only through a licensing body.

(4) Where the owner of the copyright in a work has not transferred his or

her cable retransmission right to a licensing body, the licensing body which

manages rights of the same category shall be deemed to be permitted to

manage his or her right.

(5) Where more than one licensing body manages cable retransmission

rights, the owner of the copyright in a work may choose which of them is

deemed to be permitted to manage his or her right.

(6) The owner of the copyright in a work to whom subsection (4) or (5)

applies has the same rights and obligations resulting from any relevant

agreement between the cable programme service provider and the licensing

body as copyright owners who have transferred their cable retransmission

right to that licensing body.

101 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(7) Any rights to which the owner of the copyright in a work may be

entitled under subsection (6) shall be exercised within the period of 3 years

commencing on the date of the cable retransmission concerned.

(8) This section shall not affect any rights exercisable by the maker of a

broadcast, whether in relation to the broadcast or a work included therein.

(9) In this section, “cable retransmission” means the reception and

immediate retransmission without alteration by way of a cable programme

service of a broadcast or of a cable programme initially transmitted from

another Member State of the EEA.

Chapter 17

Registration of Copyright Licensing Bodies

licensing

bodies.

175.—(1) The Controller shall establish and maintain a register of

particulars as the Minister may prescribe to be known as the “Register of

(2) The Controller shall keep the Register in such form so that the Register

is capable of being used to make a copy of any entry in the Register.

(3) The Register shall be kept at such place as may be prescribed by the

Minister and, subject to the payment of such fee as may be prescribed by the

Minister with the consent of the Minister for Finance—

(a) the Register shall be made available for inspection by a person at

such times and in such manner as may be prescribed by the

Minister, and

(b) where a request is made to the Controller for a certified or

uncertified copy of, or extract from, an entry in the Register, the

Controller shall issue a copy of the entry or extract to the

applicant.

(4) An application for registration or renewal of a registration of a

licensing body shall be made to the Controller in such form and manner as

may be prescribed by the Minister and shall be subject to the payment of

such fee as may be prescribed by the Minister with the consent of the

Minister for Finance.

(5) The Controller shall register an applicant or renew a registration where

the Controller is satisfied that—

(a) the applicant complies with the definition of a licensing body

specified in section 38 or 149, and

(b) the applicant has provided such information and satisfied such

conditions as may be prescribed by the Minister for the purposes

of registration.

(6) The information prescribed under paragraph (b) of subsection (5) and

supplied by the applicant for registration shall be placed on the Register, and

applicants may apply to the Controller to have such information revised from

time to time as circumstances may require.

(7) The information to be prescribed by the Minister under subsection

(5)(b) shall include, as appropriate, the following—

(a) the name of the applicant;

(b) the address of the applicant;

officers, or names of partners, as the case may be, of the

applicant;

(d) a copy of the memorandum and articles of association, or partnership

agreement, as the case may be, of the applicant;

(e) details of the scheme;

(f) details of the scales of charges or proposed charges to be levied by

the applicant;

(g) the class of rightsowners represented or proposed to be represented

by the applicant; and102

(h) in the case of a licensing body within the meaning specified in

section 38 , the names of the rightsholder or rightsholders in

respect of whom the body concerned claims entitlement to receive

payments under that section;103

(i) in the case of a licensing body in relation to which any provisions of

the European Union (Collective Rights Management) (Directive

2014/26/EU) Regulations 2016 (referred to in this section as

“Regulations of 2016”) apply, a statement of compliance and

appropriate supporting evidence.104

(7A) In this section and section 179—

“statement of compliance” means a document, in electronic form and

signed by a person authorised by the licensing body, stating that the licensing

body has complied, is complying and will comply with the requirements

imposed on it by the Regulations of 2016 to the extent specified in the

document;

“appropriate supporting evidence” means information supporting the

statements made in the statement of compliance.

102 Deleted by the European Union (Collective Rights Management) Regulations 2016 103 Inserted by the European Union (Collective Rights Management) Regulations 2016 104 Inserted by the European Union (Collective Rights Management) Regulations 2016

(7B) The conditions referred to in subsection (5)(b) shall include, in the

case of a licensing body in relation to which any provisions of the

Regulations of 2016 apply—

(a) that the licensing body has provided such further information as the

Controller may require (in addition to that contained in the statement of

compliance and provided as part of the appropriate supporting evidence) for

ascertaining whether the licensing body has complied, is complying and will

comply with requirements imposed on it by the Regulations of 2016, and

(b) that the statement of compliance of the licensing body, together with

the appropriate supporting evidence and any further information provided by

the licensing body, satisfies the Controller that the licensing body has

complied, is complying and will comply with requirements imposed on it by

the Regulations of 2016.105

(8) On the registration or renewal of a registration of a licensing body, the

Controller shall issue to the applicant a certificate of registration in such form

as the Controller shall determine.

Proof that

licensing body

may act on

behalf of

specified

classes.

176.—A certificate granted under section 175 (8) shall include the

particulars specified in subsection (7) of that section and the certificate shall

be evidence of the right of the licensing body, until the contrary is proved, to

act on behalf of the classes of rightsowners for whom it claims representation

rights or on behalf of the rightsowners who have assigned rights to it, or

exclusively licensed it, as specified in that certificate.

Notification of

charges. 177.—(1) A licensing body registered under this Part which proposes to

impose a charge, otherwise than in accordance with the scales of charges

included in an application for registration or for renewal of a registration,

shall provide the Controller in writing with details of the proposed charge not

less than one month before the charge comes into effect.

(2) The registration of a licensing body which fails to comply with

subsection (1) is deemed to be cancelled from the date on which the proposed

charge comes into effect.

Validity of

certificates of

registration.

178.—(1) A certificate of registration issued under section 175 (8) shall be

valid for 12 months from the date of registration or such lesser period as may

be specified by the Controller in the certificate.

(2) Subject to section 175 (4), a licensing body registered under this Part

may apply for renewal of its registration for further periods each of which

shall not exceed 12 months.

(3) An application for renewal of a registration shall be made not less than

one month before the expiration of the period of validity of the certificate of

registration.

105 Inserted by the European Union (Collective Rights Management) Regulations 2016

(4) A term of renewal of a registration shall take effect from the expiration

of the previous registration.

Refusal of

application. 179.—(1) The Controller may refuse an application for renewal of a

registration by a licensing body registered under this Part or cancel the

registration of a licensing body where the body no longer fulfils the

requirements specified in section 175 (5).

(1A) The power conferred on the Controller by subsection (1) may not be

exercised by reason of a failure by a licensing body to provide a statement of

compliance or appropriate supporting evidence—

(a) if—

(i) the licensing body has, before the expiration of the period of validity of

the certificate of registration, submitted to the Controller an application for

an extension of the time within which the statement of compliance or

appropriate supporting evidence is required to be provided and a satisfactory

explanation for the application,

(ii) the Controller has granted an extension of 28 days from the expiration

of that period, and

(iii) the failure does not continue beyond the extension,

(b) unless the Controller has, after the time within which the statement of

compliance or appropriate supporting evidence is required to be provided,

issued a written notice requiring the person to provide a statement of

compliance or appropriate supporting evidence within a specified period and

the Controller is satisfied that the notice has not been complied with.106

(2) The Controller shall remove a licensing body from the Register where

its application for renewal of its registration is refused or its registration is

cancelled.

Indemnity for

Controller. 180.—No action or other proceedings shall lie or be maintainable against

the Controller (except in the case of wilful neglect of duty) in respect of

anything done or omitted to be done by him or her in the bona fide exercise

of any functions, powers or duties conferred or imposed by or under this

Chapter.

Obligation of

collecting

societies to

(copyright).

181.—(1) Any body operating as a licensing body within the meaning

specified in section 38 or 149 shall be obliged to register in accordance with

the provisions of this Chapter, and to remain registered for so long as it

continues to operate in this capacity.

(2) Any body to which the provisions of subsection (1) applies which—

106 Inserted by European Union (Collective Rights Management) Regulations 2016

(a) fails within six months of the commencement of this Chapter to

(b) fails within 2 months of its establishment in the case of a body

established after the commencement of this Chapter, to register

under the terms of this Chapter, or

shall be guilty of an offence.

(3) A person guilty of an offence under subsection (2) shall be liable—

(a) on summary conviction, to a fine not exceeding £1,500 class C

fine107, or to imprisonment for a term not exceeding 12 months, or

both, or

(b) on conviction on indictment, to a fine not exceeding £100,000

€130,000, or to imprisonment for a term not exceeding 5 years, or

both.

Chapter 18

Qualification for Copyright Protection

Qualification for

protection:

general.

182.—(1) Copyright shall not subsist in a work unless the qualification

requirements of this Chapter are satisfied in relation to—

(a) the author in section 183 ,

(b) the country, territory, state or area in which the work was first

lawfully made available to the public in section 184 ,

territory, state or area from which the broadcast was made or from

which the programme was sent in section 186 .

(2) Subsection (1) shall not apply in relation to the Government or the

Oireachtas or to the copyright of prescribed international organisations.

(3) Where the qualification requirements specified in this Chapter or in

section 191 , 193 or 196 are satisfied on one occasion in relation to a work,

the copyright in the work shall not cease to subsist by reason of any

subsequent event.

Qualification by

reference to

author.

183.—(1) A work shall qualify for copyright protection where the author

was at the material time a qualifying person.

(2) For the purposes of this Part, a qualifying person shall be—

(a) an Irish citizen;

107 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(b) a citizen or subject of, or an individual domiciled or ordinarily

resident in the State, or in any country, territory, state or area to

which the relevant provisions of this Part extend;

territory, state or area to which the relevant provisions of this Part

extend;

(d) a partnership or unincorporated body formed under the law of the

State or of any country, territory, state or area to which the

relevant provisions of this Part extend; or

(e) any other body in the State or of any country, territory, state or area

to which the relevant provisions of this Part extend.

(3) Where provision is made by order under section 188 , a work shall also

qualify for copyright protection where at the material time the author was—

(a) a citizen or subject of, or an individual domiciled or ordinarily

resident in a country, territory, state or area to which the order

relates;

(b) a body incorporated under the law of a country, territory, state or

area to which the order relates;

country, territory, state or area to which the order relates; or

(d) any other body in any country, territory, state or area to which the

order relates.

(4) Subject to subsection (5), a work of joint authorship shall qualify for

the requirements specified in subsection (1), (2) or (3).

(5) Where a work of joint authorship qualifies for copyright protection

only under this section, only those authors who satisfy those requirements

shall be taken into account for the purposes of—

(a) section 23 (1)(a) (first ownership of copyright; entitlement of author

or author's employer);

(b) section 24 (duration of copyright in a literary, dramatic, musical or

artistic work or an original database); and

with reference to section 2 (definition of “anonymous work” and

definition of “pseudonymous work”), section 2 (7) and (8)

(deemer of authorship to be known), and section 33 (expiry of

(6) The material time in relation to a literary, dramatic, musical or artistic

work or an original database, shall be—

(a) in the case of a work which has not been lawfully made available to

the public, when the work was made or, where the making of the

work extended over a period, a substantial part of that period; or

(b) in the case of a work which has been lawfully made available to the

public, when the work was first lawfully made available to the

public or, where the author had died before that time, immediately

before his or her death.

(7) The material time in relation to other descriptions of work shall be as

follows:

(a) in the case of sound recording or film, when the sound recording or

film was made;

(b) in the case of a broadcast, when the broadcast was made;

lawfully included in a cable programme service;

(d) in the case of the typographical arrangement of a published edition,

when the edition was first lawfully made available to the public.

Qualification for

protection:

specific.

184.—(1) A literary, dramatic, musical or artistic work, sound recording,

film, typographical arrangement of a published edition or an original

database, shall qualify for copyright protection where it is first lawfully made

available to the public—

(a) in the State; or

(b) in any country, territory, state or area to which the relevant provision

of this Part extends.

(2) For the purposes of this section, lawfully making available to the

public a work in one country, territory, state or area shall be deemed to be the

first lawful making available to the public of the work even where the work

is simultaneously lawfully made available to the public elsewhere; and for

this purpose, lawfully making available to the public of a work elsewhere

within the previous 30 days shall be deemed to be simultaneous.

Territorial

waters and

Continental

Shelf.

185.—For the purposes of this Part—

(a) acts undertaken in, or, under or over—

(i) the waters in the portion of the sea which comprises the

territorial seas of the State,

(ii) the waters in all areas of the sea to which the internal or inland

waters of the State are extended by section 5 of the Maritime

Jurisdiction Act, 1959 section 86 of the Sea-Fisheries and

Maritime Jurisdiction Act 2006108, and

108 Amended by the Sea-Fisheries and Maritime Jurisdiction Act 2006

(iii) the waters in any area which is for the time being a

designated area within the meaning of section 1 of the

Continental Shelf Act, 1968 ,

and

(b) acts undertaken on an Irish ship, aircraft or hovercraft registered

under the laws of the State,

shall be deemed to have been undertaken in the State.

Qualification for

broadcasts and

cable

programmes.

186.—A broadcast shall qualify for copyright protection where it is

lawfully made from, and a cable programme shall qualify for copyright

protection where it is first sent from a place—

(a) in the State, or

(b) in any country, territory, state or area to which the relevant

provisions of this Part extend.

Prohibition on

contravention of

certain

international

obligations.

187.—The Government shall not exercise the power to make regulations

provided for by section 190 , in relation to a country, territory, state or area in

contravention of obligations entered into under any bilateral or multilateral

obligations incurred by the State pursuant to the EEA Agreement.

Extension of

this Part by

order.

188.—(1) The Government may make an order to extend the provisions of

this Part and, in particular, the provisions as to qualification of works for

country, territory, state or area.

(2) The effect of the extension of copyright protection specified in

subsection (1), may, where so stated in the Third Schedule, apply to a

specified part or parts of the international multilateral agreement, treaty or

convention in question.

(3) The Government may, by order, add to or delete from the list of

agreements, international multilateral agreements, treaties or conventions

contained in the Third Schedule , or specify such part or parts of the said

multilateral agreements, treaties or conventions to which the extension of

protection shall apply in accordance with the terms of subsection (2), having

regard to the obligations of the State under relevant multilateral agreements,

treaties and conventions.

(4) The effect of the extension of the provisions of sections 183 , 184 and

186 relating to qualification of works for copyright protection under the

terms of this section shall be that works qualifying for copyright protection

by reference to their authors or geographical provenance under the equivalent

provisions of the law of a country, territory, state or area party to an

agreement, treaty or convention named in the Third Schedule shall qualify for

works) had qualified for such protection directly under sections 183 , 184 and

186 .

(5) For the purposes of this section, “convention country, territory, state or

area” means a convention country, territory, state or area which is a party to a

multilateral agreement, treaty or convention relating to copyright to which

the State is also a party, and which is specified in the Third Schedule .

Orders to be

made for

countries other

than convention

countries, etc.

189.—(1) The Government may by order make provision for applying in

relation to a country, territory, state or area, other than a convention country,

territory, state or area within the meaning of section 188 (5), all or any of the

provisions of this Part specified in the order, so as to secure that those

provisions apply in relation to—

(a) individuals who are citizens or subjects of, or who are domiciled or

ordinarily resident in, that country, territory, state or area as they

apply to persons who are domiciled or ordinarily resident in the

State,

(b) bodies incorporated under the law of that country, territory, state or

area as they apply in relation to bodies incorporated under the law

of the State,

country, territory, state or area as they apply in relation to

partnerships or unincorporated bodies formed under the law of the

State,

(d) any other bodies in that country, territory, state or area as they apply

in relation to such bodies in the State,

(e) literary, dramatic, musical or artistic works, sound recordings, films,

typographical arrangement of a published edition or original

databases first made available to the public in that country,

territory, state or area as they apply in relation to such works first

made available to the public in the State, or

(f) broadcasts made from or cable programmes sent from that country,

territory, state or area as they apply in relation to broadcasts made

from or cable programmes sent from the State.

(2) An order made under this section may make provision for all or any of

the matters referred to in subsection (1) and may—

(a) apply any provision of this Part subject to such exceptions and

modifications as are specified in the order, and

(b) direct that any provisions of this Part apply either generally or in

relation to such classes of works, or other classes of case, as are

specified in the order.

(3) The Government shall not make an order under this section in relation

to a country, territory, state or area unless satisfied that provision has been or

will be made under the law of that country, territory, state or area, in respect

of the class of works to which the order relates, giving adequate protection to

the owners of copyright under this Part.

(4) The Government may by order revoke or amend any order made under

this section, including an order under this subsection.

Restriction of

rights by order. 190.—(1) Where the protection of Irish copyright law has been extended

to a country, territory, state or area under the provisions of section 189 , and

it appears to the Government that Irish works or one or more classes of those

works are not adequately protected in that country, territory, state or area, the

Government may by order restrict the rights conferred by this Part in relation

to works of authors connected with that country, territory, state or area.

(2) In an order made under subsection (1), the Government shall designate

the country, territory, state or area concerned and provide that, for the

purposes specified in that order, a work shall not qualify for copyright

protection after the date specified in the order where that work is made at a

time when the author is—

(a) a citizen or subject of that country, territory, state or area (who is not

at the same time domiciled or ordinarily resident in the State),

(b) a body incorporated under the law of that country, territory, state or

area,

country, territory, state or area, or

(d) any other body of that country, territory, state or area,

and the order may make such provision for all the purposes of this Part or for

such purposes as are specified in that order, and either generally or in relation

to such class or classes of cases as are specified in that order, having regard

to the nature and extent of the deficiency of protection referred to in

subsection (1).

(3) In this section “Irish works” means works of which the author was at

the material time within the meaning of section 183 .

Chapter 19

Government and Oireachtas Copyright

Government

Government or of the State, in the course of his or her duties, the work

qualifies for copyright protection notwithstanding the provisions relating to

the requirements as to qualification for copyright protection specified in

section 182 .

(2) The Government shall be the first owner of the copyright in a work to

which subsection (1) applies.

(3) The copyright in a work to which subsection (1) applies shall be known

and in this Act referred to as “Government copyright”, notwithstanding that

the copyright may be, or may have been, assigned to another person.

(4) Government copyright in a work shall expire 50 years from the end of

the calendar year in which the work was made.

(5) In the case of a work of joint authorship where one or more but not all

of the authors is a person to whom subsection (1) applies, this section applies

in relation to those persons and the copyright subsisting by virtue of their

contribution to the work.

(6) Subject to subsections (1) to (5), this Part applies in relation to

Government copyright as to other copyright.

(7) Where Oireachtas copyright subsists in a work this section shall not

apply.

Acts, etc. 192.—(1) The copyright in any Bill or enactment vests in the Houses of

the Oireachtas.

(2) The copyright provided for in this section subsists from the date of the

first lawful making available to the public of the work and shall expire 50

years from the end of the calendar year in which the work was so made

available.

Houses of the

Oireachtas:

193.—(1) Where a work is made by or under the direction or control of

either or both of the Houses of the Oireachtas—

(a) the work qualifies for copyright protection notwithstanding the

provisions relating to the requirements as to qualification for

(b) the House of the Oireachtas by whom, or under whose direction or

control, the work is made shall be the first owner of any copyright

in the work, and where the work is made by or under the direction

or control of both Houses of the Oireachtas, each House shall be

joint first owners of the copyright.

(2) The copyright in a work to which this section applies shall be known

and in this Act referred to as “Oireachtas copyright”, notwithstanding that the

(3) Oireachtas copyright in a work shall expire 50 years from the end of

the calendar year in which the work was made.

(4) For the purposes of this section, works made by or under the direction

or control of either or both of the Houses of the Oireachtas include—

(a) any work made by an officer or employee of either House of the

Oireachtas in the course of his or her duties, and

(b) any sound recording, film, live broadcast or live cable programme of

the proceedings of either House of the Oireachtas.

(5) In the case of a work of joint authorship where one or more but not all

of the authors are acting on behalf of, or under the direction or control of

either or both of the Houses of the Oireachtas, this section applies in relation

to those authors and the copyright subsisting by virtue of their contribution to

the work.

(6) Subject to subsections (1) to (5), this Part applies in relation to

Oireachtas copyright as to other copyright.

Oireachtas

make available to the public any work, Act of the Oireachtas, Bill or other

material protected by Oireachtas copyright under the provisions of this

Chapter may be granted to any person.

(2) The conditions upon which any work, Act of the Oireachtas, Bill or

other material protected by Oireachtas copyright may be made available

under this Chapter shall be those imposed from time to time on such

materials by the Ceann Comhairle of Dáil Éireann and the Cathaoirleach of

Seanad Éireann or an officer or employee of the Houses of the Oireachtas

duly authorised for that purpose by the Ceann Comhairle of Dáil Éireann and

the Cathaoirleach of Seanad Éireann.

(3) The conditions upon which any work, Act of the Oireachtas, Bill or

other material protected by Oireachtas copyright may be made available

under this Chapter shall be laid before each House of the Oireachtas as soon

as may be after they have been imposed.

Houses of the

Oireachtas:

supplementary

provisions with

regard to

195.—For the purposes of holding, dealing with and enforcing copyright,

and in connection with all legal proceedings relating to copyright, each of the

Houses of the Oireachtas shall be deemed to have, and to have had, the legal

capacities of a body corporate, which is not affected by a dissolution of either

or both of the Houses of the Oireachtas.

Chapter 20

International Organisations

vesting in

certain

international

organisations.

196.—(1) Notwithstanding that a work—

(a) is made by an officer or employee of, or is lawfully made available

to the public by, a prescribed international organisation to which

this section applies, and

(b) does not qualify for copyright protection under section 182 ,

concerned shall be the first owner of that copyright.

(2) The Government may prescribe the international organisations to

which this section applies.

(3) Where an international organisation in respect of which an order has

been made under subsection (2) is the first owner of the copyright in a work

by virtue of this section, the copyright in that work shall expire 50 years from

the end of the calendar year in which the work was made or shall subsist for

such longer period as the Government may by order specify for the purpose

of complying with the international obligations of the State.

(4) An international organisation prescribed under subsection (2) shall be

deemed to have, and to have had, the legal capacities of a body corporate for

the purpose of holding, dealing with and enforcing copyright and in

connection with all legal proceedings relating to copyright.

Chapter 21

Anonymous Works

Works of

folklore. 197.—(1) Where, in the case of an anonymous work which has not been

lawfully made available to the public, there is evidence that the author (or, in

the case of a work of joint authorship, any of the authors) complied with the

requirements for copyright protection specified in section 182 by having a

connection with a country, territory, state or area other than the State, it shall

be presumed until the contrary is proved that copyright subsists in the work.

(2) Where, under the law of a country, territory, state or area, a body is

appointed to protect and enforce copyright in a work referred to in subsection

(1), the Minister may by order designate that body for the purposes of this

section.

(3) A body designated by order under subsection (2) shall be recognised in

the State as having authority to protect and enforce copyright in a work

referred to in subsection (1) in the place of the owner of the copyright, other

than the authority to assign the copyright in the work and the body may bring

proceedings relating to copyright in its own name.

(4) This section shall not apply where there has been an assignment of the

designated body, and nothing in this section affects the validity of an

assignment of copyright made, or licence granted, by the author or a person

lawfully claiming under him or her.

Chapter 22

Deposit of Certain Copyright Materials

Delivery of

certain materials

to libraries.

198.—(1) The publisher of any book first published in the State after the

commencement of this section or, in the case of the authority specified in

paragraph (a), the publisher of any book published in the State, shall, within

one month after the publication, deliver, at his or her own expense, a copy of

the book to each of the following—

(a) the authority having control of the National Library of Ireland,

(b) the authority having control of the library of Trinity College, Dublin,

Limerick,

(d) the authority having control of the library of Dublin City University,

and

(e) the Board of the British Library,

and four copies of the book for or in accordance with the directions of the

authority having control of the National University of Ireland for use in the

four constituent universities of that University.

(2) Boards and authorities taking delivery of books under subsection (1)

shall give a written receipt for every book delivered to them under that

subsection.

(3) The Minister may, on an application of a Board or authority referred to

in subsection (1), make regulations exempting from subsection (1) in respect

of the Board or authority making the application, publications wholly or

mainly in the nature of trade advertisements, or any class of work as may be

specified in those regulations, and it shall not be necessary for the publisher

of any publication so excepted to deliver the publication to that Board or

authority or for such Board or authority to give a receipt unless as respects

any particular publication a written demand for the delivery of that work is

made by the Board or authority concerned.

(4) The Boards or authorities referred to in subsection (1) may before

delivery of a book is made under subsection (1), request that a book be

delivered in a particular form, being one of the forms in which the book is

published and the publisher shall deliver it in the form requested.

(4) Where, on or after the commencement of section 29 of the Copyright

and Other Intellectual Property Law Provisions Act 2019, subsection (1)

applies to the publisher of a book referred to in that subsection, a Board or

authority referred to in that subsection may, by notice in writing given to the

publisher, request that the copy or copies of the book that the Board or

authority is entitled to have delivered to it under that subsection be delivered

to it in physical form or electronic form, or both, and the publisher shall

comply with that request unless the publisher has already given the copy or

copies in the form or forms requested before the publisher received that

notice.

(4A) (a) Where, on or after the commencement of section 29 of the

Copyright and Other Intellectual Property Law Provisions Act 2019, a digital

publication is first published in the State by a publisher, a Board or authority

referred to in subsection (1) may, by notice in writing given to the publisher,

request that the publisher comply with that subsection, in so far as that

subsection relates to the Board or authority making the request, as if the

digital publication were a book referred to in that subsection and the

publisher shall comply with that request and subsection (2) shall be construed

accordingly.

(b) In paragraph (a), ‘digital publication’ means any publication

published online or offline which is made available to the public in a medium

other than print (including any publication in any digital or electronic or

other technological form, but does not include any sound recording or film or

any combination thereof).109

(5) The publisher of any book first published in the State after the

commencement of this section shall, where a demand is made in writing by

the authority having control of each of the following libraries—

(a) the Bodleian Library, Oxford,

(b) the University Library, Cambridge,

(d) the National Library of Wales,

before the expiration of 12 months after the book is published, deliver within

one month after receipt of that written demand or, where the demand was so

made before the book was published, within one month after publication, to

an address in Dublin named in the demand a copy of that book for, or in

accordance with the directions of, that authority.

(6) In the case of an encyclopaedia, newspaper, review, magazine or work

published in a series of numbers or parts, the written demand referred to in

subsection (5) may include all numbers or parts of the work which may

subsequently be published.

(7) A copy of a book delivered to the authority having control of the

National Library of Ireland or the Board of the British Library pursuant to

this section shall be a copy of the whole book with all maps and illustrations

belonging to that book and, subject to subsection (4), finished in the same

manner as the copy in that form which is superior in quality to any other

copy in that form of the book available.

(8) A copy of a book delivered to any of the authorities referred to in this

section, other than those referred to in subsection (7), pursuant to this section,

shall be in the form specified by the Board or authority, which shall be one of

the forms in which the book has been published, and shall be in like

condition as that form of the book.

(9) Where a publisher fails to comply with this section he or she shall be

guilty of an offence and shall be liable on summary conviction to a fine not

exceeding £500 class D fine110 and in addition the person shall be liable to be

ordered to comply with this section.

(10) For the purposes of this section, “book” includes every part or

division of a book, pamphlet, sheet of letterpress, sheet of music, map, plan,

chart or table separately published, but shall not include any second or

subsequent edition of a book unless such edition contains additions or

109 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 110 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

alterations either in the letterpress or in the maps, plans, prints or other

engravings belonging thereto.

(11) Where a copy of a book requested under subsection (1) is delivered in

a form other than an electronic form, the Board or other authorities referred

to in subsection (1) may request, in addition to that copy, a copy in an

electronic form readable by means of an electronic retrieval system and on

such request being made a copy in electronic form shall be delivered by the

publisher to the Board or authority concerned.

(12) For the purposes of this section, “publication”, in relation to a book—

(a) means the issue of copies to the public, and

(b) includes its making available to the public by means of an electronic

retrieval system,

and related expressions shall be construed accordingly.

Chapter 23

Amendment of National Cultural Institutions Act, 1997, and Miscellaneous

Repeals

Amendment of

sections 65 and

66 of the

National

Cultural

Institutions Act,

1997.

199.— Sections 65 and 66 of the National Cultural Institutions Act, 1997 ,

are hereby amended by the substitution of the following sections therefor:

“65.—(1) Subject to the provisions of this section, the publisher of any

material to which this section applies shall, within one month or such longer

period as the authority having control of the National Library of Ireland may

allow after its publication, deliver at his or her own expense, a copy of the

material to that authority and the authority shall give a written receipt to the

publisher for any and all such material delivered to them.

(2) The publisher of material to which this section applies that relates

wholly or mainly to Ireland shall, if a written demand for any such material is

made by the authority referred to in subsection (1) not later than 12 months

after its publication, deliver a copy of the material to that authority within

one month after receipt of the demand or, if the demand was made before its

publication, within one month or such longer period as the authority may in

any particular case allow after its publication.

(3) The Minister, following consultation with the Minister for Enterprise,

Trade and Employment, may make such regulations as he or she considers

appropriate in relation to the quality and format of material to which this

section applies in cases where the copies of such material are not of uniform

quality or can be published in different formats.

(4) Where a publisher fails to comply with this section, he or she shall be

guilty of an offence and shall be liable on summary conviction to a fine not

exceeding £500 and to pay such sum not exceeding the value of the material

as the court may decide which shall be paid to the trustees or authority to

whom the material should have been delivered.

(5) In this section:

‘material to which this section applies’ means material that is of such class as

may be specified in regulations made by the Minister, following consultation

with the Minister for Enterprise, Trade and Employment, and in this

definition, ‘material’ includes any engraving, photograph, text of a play,

cinematograph film, microfilm, video recording, sound recording, record,

diskette, magnetic tape, compact disc, or other thing on or in which works or

information or the representations thereof is written, recorded, stored or

reproduced but does not include local records or local archives within the

meaning, in each case, of section 65 of the Local Government Act, 1994 , or

books within the meaning of section 198 of the Copyright and Related Rights

Act, 2000;

‘publisher’, for the purposes of this section, means a person who issues to the

public, or makes available to the public by means of an electronic retrieval

system, material to which this section applies;

‘work’, for the purposes of this section, has the meaning assigned to it by

section 2 of the Copyright and Related Rights Act, 2000.

(6) This section shall apply only to material concerned substantially or

primarily with Ireland. In cases of doubt, the certification of the Minister to

the effect that material is concerned substantially or primarily with Ireland

shall satisfy the requirements of this subsection.

(7) The Minister, following consultation with the Minister for Enterprise,

Trade and Employment, may by order apply this section, with such

modifications and adaptations as he or she considers necessary, to one or

more of the institutions or bodies referred to in section 198 of the Copyright

and Related Rights Act, 2000.

(8) Section 6 of the Dublin City University Act, 1989 , and section 7 of the

University of Limerick Act, 1989 , are hereby repealed.”.

Chapter 24

Copyright: Legal Tender

Irish legal

tender notes,

euro notes,

consolidated

bank notes and

in Irish and euro

coins.

200.—(1) Notwithstanding anything contained in this Part and subject to

subsection (2), the copyright in legal tender notes issued, whether before or

after the commencement of this section, by the Central Bank of Ireland (in

this section referred to as “the Bank”) or issued before such commencement

by the Currency Commission, shall be perpetual and vests in the Bank.

(2) This Part is without prejudice to the copyright of the European Central

Bank in legal tender notes denominated in the euro unit.

(3) Notwithstanding anything contained in this Part, the copyright in

consolidated bank notes issued before the commencement of this section by

the Bank or by the Currency Commission shall be perpetual and vests in the

Bank.

(4) Notwithstanding anything contained in this Part, the copyright in coins

issued under the Coinage Act, 1926 , gold coins issued under the Currency

Act, 1927 , coins issued under the Coinage Act, 1950 , and coins issued

under the Decimal Currency Acts, 1969 to 1990, and the copyright in the

artistic work defining the design of any such coin shall be perpetual and vests

in the Minister for Finance.

(5) (a) This Part is without prejudice to the copyright of the European

Community in the common face of coins denominated in euro or

in cent, and in the artistic work defining the design of any such

face, or to the assignment of that copyright by the Commission of

the European Communities on behalf of the European

Community.

(b) Notwithstanding anything contained in this Part, the copyright in

the national face of coins issued under section 11 of the Economic

and Monetary Union Act, 1998 , and the copyright in the artistic

work defining the design of any such face shall be perpetual and

vests in the Minister for Finance.

coins issued under Part III of the Economic and Monetary Union

Act, 1998 , and the copyright in the artistic work defining the

design of any such coin shall be perpetual and vests in the

Minister for Finance.

(6) In the application of section 37 (3) to any legal tender note or

consolidated bank note or any coin to which this section applies, references

in that subsection to the work as a whole or to any substantial part thereof

shall be construed as references to the note or coin as a whole or to any part

thereof.

(7) Chapter 6 of this Part shall not apply in relation to the copyrights

referred to in this section.

(8) Coins to which this section applies and the artistic work defining the

design of any such coin shall be deemed, for the purposes of section 172 of

the Act of 1927, not to be designs.

(9) This section applies to coins issued under the Coinage Act, 1926 , gold

coins issued under the Currency Act, 1927 , coins issued under the Coinage

Act, 1950 , coins issued under the Decimal Currency Acts, 1969 to 1990, and

coins issued under the Economic and Monetary Union Act, 1998 .

Chapter 25

Disposal of Certain Books

Disposal of

books of King's

Inns Library,

Dublin.

201.—Notwithstanding anything contained in the King's Inns Library Act,

1945 , or the enactments referred to in that Act or the Copyright Act, 1801, or

the Copyright Act, 1836, the Benchers of the Honorable Society of King's

Inns may sell or exchange any of the books of the King's Inns Library,

Dublin, whether acquired before or after the commencement of this section.

PART III

Rights in Performances

Chapter 1

Performers' Rights

Interpretation. 202.—(1) In Parts III and IV, “performance” means a performance of any

actors, singers, musicians, dancers or other persons who act, sing, deliver,

declaim, play in, interpret or otherwise perform literary, dramatic, musical or

artistic works or expressions of works of folklore, which is a live performance

given by one or more individuals, and shall include a performance of a variety

act or any similar presentation.

(2) A performance of a literary work includes a reading or recitation.

(3) A performance of a dramatic work includes a choreographic work or a

work of mime.

(4) In Parts III and IV, “recording”, in relation to a performance, means any

fixation—

(a) made directly or indirectly from the live performance,

(b) made from a broadcast of, or cable programme including, the

performance, or

performance.

(5) The rights conferred by Parts III and IV are independent of—

(a) the copyright in, or the rights conferred by Chapter 7 of Part II

relating to, any work performed or any fixation of, or broadcast or

cable programme including, the performance, and

(b) other rights or obligations arising otherwise than under Parts III and

IV.

Performers'

rights: general. 203.—(1) A performer has the exclusive right to authorise or prohibit—

(a) the making of a recording of the whole or any substantial part of a

qualifying performance directly from the live performance,

(b) the broadcasting live, or including live in a cable programme service,

of the whole or any substantial part of a qualifying performance, or

qualifying performance directly from a broadcast of, or cable

programme including, the live performance.

(2) The rights of a performer conferred by this section are infringed by a

person who, without the consent of the performer, undertakes or authorises

another to undertake any of the acts referred to in subsection (1).

(3) The rights of a performer conferred by this section are not infringed by

the making of a recording referred to in subsection (1) (c) by a person for his

or her private and domestic use.

(4) Where a recording, which would otherwise be an illicit recording, is

made under this section but is subsequently sold, rented or lent, or offered or

exposed for sale, rental or loan, or otherwise made available to the public, it

shall be treated as an illicit recording for those purposes and for all subsequent

purposes.

(5) In an action for infringement of the rights of a performer brought under

this section, damages shall not be awarded against a defendant who shows that

at the time of the infringement he or she did not know and had no reason to

believe that consent had not been given.

Reproduction

right of

performer.

204.—(1) A performer has the exclusive right to authorise or prohibit the

making of a copy of a recording of the whole or any substantial part of a

qualifying performance and it is immaterial whether the copy is made directly

or indirectly.

(2) There shall be a right of a performer conferred by this section which

shall be known and in this Part referred to as the “reproduction right”.

(3) The reproduction right is infringed by a person who, without the consent

of the performer, undertakes or authorises another to undertake the act referred

to in subsection (1).

(4) The reproduction right is not infringed by the making of a copy referred

to in subsection (3) by a person for his or her private and domestic use.

(5) Where a copy, which would otherwise be an illicit recording is made

under this section but is subsequently sold, rented or lent, or offered or

exposed for sale, rental or loan, or otherwise made available to the public, it

shall be treated as an illicit recording for those purposes and for all subsequent

purposes.

(6) For the purposes of Parts III and IV, references to the making of a copy

of a recording or to copying shall include the making of a temporary or

permanent copy of a recording and the storing of a recording in any medium.

Making

available to

public copies

of recordings

of qualifying

performances.

205.—(1) Subject to subsection (2), a performer has the exclusive right to

authorise or prohibit the making available to the public of copies of a

recording of the whole or any substantial part of a qualifying performance and

it is immaterial whether the copy is made directly or indirectly.

(2) Where a copy of a sound recording is—

(a) played in public, or

(b) included in a broadcast or cable programme service,

the right conferred by this section shall be deemed to be satisfied by the

payment of equitable remuneration as specified in section 208 .

(3) A reference in Parts III and IV to the making available to the public of

copies of a recording shall include the making available to the public of the

original recording of the live performance.

(4) There shall be a right conferred by this section which shall be known

and in Parts III and IV referred to as the “making available right”.

(5) A reference in Parts III and IV to the making available to the public of

copies of a recording of a qualifying performance shall include—

(a) making available to the public of copies of a recording, by wire or

wireless means, in such a way that members of the public may

access the recording from a place and at a time individually chosen

by them, including the making available of copies of recordings

through the Internet,

(b) showing or playing a copy of the recording in public,

(d) including a copy of the recording in a cable programme service,

(e) issuing copies of the recording to the public,

(f) renting copies of the recording, or

(g) lending copies of the recording without the payment of remuneration

to the rightsowner.111

(6) The making available right is infringed by a person who, without the

consent of the performer, undertakes or authorises another to undertake any of

the acts referred to in subsection (5).

(7) Subject to subsection (8), the provision of facilities for enabling the

making available to the public of copies of a recording of a performance shall

not of itself constitute an act of making available to the public of copies of the

recording.

111 Deleted by the Copyright and Related Rights (Amendment) Act 2007

(8) Without prejudice to subsection (7), where a person who provides

facilities referred to in that subsection is notified by the rightsowner that those

facilities are being used to infringe any of the rights conferred by Parts III and

IV and that person fails to remove that infringing material as soon as is

practicable thereafter, that person shall also be liable for the infringement.

(9) Without prejudice to subsection (8), the Minister may prescribe the form

of the notice to be given under that subsection and the form shall specify—

(a) the name and address of the person claiming to be the owner of the

rights in the recording concerned,

(b) the grounds that the person requesting the removal of material has for

such removal, and

(9A) (a) The rightsowner of any right conferred by Parts III and IV may,

in respect of that right, apply to the High Court for an injunction against an

intermediary to whom paragraph 3 of Article 8 of Directive 2001/29/EC of the

European Parliament and of the Council of 22 May 2001 on the harmonisation

of certain aspects of copyright and related rights in the information society

applies.112

(10) Where the making available right is infringed by a copy of a recording

being played or shown in public, by means of apparatus for receiving sounds,

images or data or any combination of sounds, images or data, or the

representations thereof, conveyed by any means, the person by whom sounds,

images or data or any combination of sounds, images or data, or the

representation thereof, are sent shall not be regarded as liable for the

infringement.

Distribution

right of

performers.

206.—(1) References in Parts III and IV to the issue of copies of a

recording to the public shall be construed as including—

(a) the act of putting into circulation in a Member State of the EEA

copies of a recording not previously put into circulation in a

Member State of the EEA by or with the consent of the performer,

(b) the act of putting into circulation outside the Member States of the

EEA copies of a recording not previously put into circulation in a

Member State of the EEA or elsewhere.

(2) Without prejudice to the rental right or the lending right, references in

this Part to the issue of copies of a recording to the public shall not include—

(a) any subsequent circulation of copies of a recording previously put

into circulation, or

(b) any subsequent importation of such copies of a recording into the

State of any other Member State of the EEA,

112 Inserted by the European Union (Copyright and Related Rights) Regulations 2012

except in so far as subsection (1) (a) applies to putting into circulation in the

Member States of the EEA copies of a recording previously put into

circulation outside the Member States of the EEA.

(3) A reference in this section to circulation shall include sale, rental or

loan.

(4) A performer has the exclusive right to authorise or prohibit the issue of

copies of a recording to the public of the whole or any substantial part of a

qualifying performance.

(5) There shall be a right conferred by this section which shall be known

and in this Part referred to as the “distribution right”.

(6) The distribution right is infringed by a person who, without the consent

of the performer, undertakes or authorises another to undertake the acts

referred to in subsection (4).

Rental and

lending right

of performer.

207.—(1) References in Parts III and IV to “rental” or “lending” Rental and

lending shall not be construed as including the making available to the public

of copies of a recording for the purposes of—

(a) playing or showing in public, broadcasting or inclusion in a cable

programme service,

(b) exhibiting in public, or

(2) Subject to subsection (3A), aA113 performer has the exclusive right to

authorise or prohibit the rental or lending of copies of a recording of the whole

or any substantial part of his or her qualifying performance.

(3) (a) There shall be right of the performer to authorise or prohibit the

rental of copies of a recording which shall be known and in Parts

III and IV referred to as the “rental right”.

(b) Subject to subsection (3A), there There 114shall be a right of the

performer to authorise or prohibit the lending of copies of a

recording which shall be known and in Parts III and IV referred to

as the “lending right”.

(3A) The lending right in relation to a recording does not apply at any time in

a period during which a scheme for the remuneration of authors is in effect,

pursuant to section 42A, in relation to works of a class in which that recording

is included, whether the performer, or (in the case of a recording of a

performance by a number of performers) any of the performers, is a participant

in that scheme or not.115

113 Amended by the Copyright and Related Rights (Amendment) Act 2007 114 Amended by the Copyright and Related Rights (Amendment) Act 2007 115 Inserted by the Copyright and Related Rights (Amendment) Act 2007

(4) The rental right is infringed by a person who, without the consent of the

performer, rents or authorises another to rent copies of a recording of the

whole or any substantial part of a qualifying performance.

(5) The lending right is infringed by a person who, without the consent of

the performer, lends or authorises another to lend copies of a recording of the

whole or any substantial part of a qualifying performance.

(6) In Parts III and IV, and subject to subsections (7) and (8)—

(a) “rental” means making a copy of a recording available for use on

terms that it will or may be returned after a limited period of time,

for direct or indirect economic or commercial advantage;

(b) “lending” means making a copy of a recording available for use on

terms that it will or may be returned after a limited period of time,

otherwise than for direct or indirect economic or commercial

advantage, through an establishment to which members of the

public have access.

(7) The making of a copy of a recording available between establishments

to which members of the public have access shall not infringe any of the rights

conferred by Parts III and IV.

(8) Where lending by an establishment to which members of the public

have access gives rise to a payment, the amount of which does not exceed

what is necessary to cover the operating costs of the establishment, there is no

direct or indirect economic or commercial advantage for the purposes of this

section.

Right to

equitable

remuneration

for

exploitation of

sound

recording.

208.—(1) A performer has a right to equitable remuneration from the owner

of the copyright in a sound recording where the sound recording of the whole

or any substantial part of a qualifying performance which has been made

available to the public for commercial purposes is—

(a) played in public, or

(b) included in a broadcast or cable programme service.

(1A) Where the copyright of the producer in a sound recording has expired

pursuant to section 299A(3), the performer in the sound recording has, subject

to subsection (1B), a right to equitable remuneration from the person who -

(a) plays the sound recording in public, or

(b)includes the sound recording in a broadcast or cable programming

service.

(1B) The period during which the performer is entitled to equitable

remuneration after the expiry of the producer’s copyright pursuant to section

299A(3), is the period of copyright that would have remained pursuant to

section 26, had the copyright of the producer in the sound recording not

expired pursuant to section 299A(3). 116

(2) A performer shall not assign the right to equitable remuneration under

this section except to a collecting society for the purpose of enabling the

collecting society to exercise that right on his or her behalf.

(3) The right to equitable remuneration is transmissible by testamentary

disposition or by operation of law, as personal or moveable property, and it

may be assigned or further transmitted, including by assignment, by any

person who legally acquires the right.

(4) Subject to subsections (5) to (9), the amount of equitable remuneration

payable under this section is that which has been agreed by or on behalf of the

persons by and to whom it is payable.

(5) In default of agreement as to the amount of equitable remuneration

payable, the person by or to whom it is payable may apply to the Controller

for an order under subsection (8).

(6) Subject to subsection (7), a person to or by whom equitable

remuneration is payable may also apply to the Controller—

(a) to vary any agreement as to the amount payable, or

(b) to vary any previous determination of the Controller as to the amount

payable.

(7) An application may not be made under subsection (6) within 12 months

from the date of the previous determination except with the special leave of

the Controller.

(8) On an application being made under this section, the Controller shall

consider the matter and make such order as to the method of calculating and

paying equitable remuneration as he or she may determine to be reasonable in

the circumstances, having regard to the importance of the contribution of the

performer to the sound recording.

(9) An order made under this section shall have effect from the date on

which it is made or such later date as may be specified by the Controller.

(10) An agreement as to the amount of equitable remuneration payable shall

be void in so far as it purports—

(a) to exclude or restrict the right to equitable remuneration conferred by

this section,

(b) to prevent a person questioning the amount of equitable remuneration,

116 Inserted by the European Union (Term of Protection of Copyright and Related Rights) (Directive

2011/77/EU) Regulations 2013)

Chapter 2

Infringement of Performers' Rights

Consent

required for

recording or

live

transmission of

performance.

209.—A person infringes the rights of a performer conferred by section 203

where he or she, without the consent of the performer—

(a) shows or plays in public the whole or any substantial part of a

qualifying performance, or

(b) broadcasts or includes in a cable programme service the whole or any

substantial part of a qualifying performance,

by means of a recording which was, and which that person knows or has

reason to believe was, made without the consent of the performer.

Meaning of

illicit

recording.

210.—(1) In Parts III and IV “illicit recording”, in relation to a

performance, shall be construed in accordance with this section.

(2) A recording of the whole or any substantial part of a performance shall

be an illicit recording where the recording is made without the consent of the

performer.

(3) A copy of a recording shall be an illicit recording where its making

constitutes an infringement of a performer's property rights in the recording

concerned.

(4) Subject to subsection (5), a copy of a recording shall be an illicit

recording where—

(a) it has been or is to be imported into the State, and

(b) its making in the State would have constituted an infringement of a

performer's property rights in the recording concerned, or breach of

an exclusive licence agreement relating to that recording.

(5) A copy of a recording which previously has been issued to the public in

accordance with section 206 in any other Member State of the EEA by, or

with the consent of, the owner of the performers' property rights in the

recording, shall not be deemed to be an illicit recording for the purposes of

subsection (4).

(6) A recording of the whole or any substantial part of a performance which

is subject to an exclusive recording contract shall be an illicit recording where

it is made, otherwise than for private and domestic use, without the consent of

the person having recording rights or the consent of the performer.

(7) For the purposes of sections 258 and 260, a recording shall be deemed to

be an illicit recording where it is an illicit recording for the purposes referred

to in subsections (2), (3), (4) and (5) of this section.

Presumptions. 211.—Where in any proceedings for infringement of any right conferred by

Part III or IV the question arises as to whether a recording is an illicit

recording and it is shown that—

(a) the recording is a recording of the performance concerned, and

(b) rights conferred by Parts III and IV subsist or have subsisted at any

time in the recording,

it shall be presumed until the contrary is proved that the recording was made

at a time when such rights subsisted.

Presumption

relevant to

civil

proceedings.

211A.— In civil proceedings for infringement of the rights in a

performance under this Part, where copies of a recording of the performance

as issued to the public bear a statement that a named person was the

performer, the statement shall be admissible as evidence of the fact stated and

shall be presumed to be correct, unless the contrary is proved.117

Secondary

infringement:

importing,

possessing or

dealing with

illicit

recordings.

212.—(1) A person infringes the rights of a performer conferred by section

203 where he or she, without the consent of the performer—

(a) sells, rents or lends, or offers or exposes for sale, rental or loan,

(b) imports into the State, otherwise than for his or her private and

domestic use,

possession, custody or control, or makes available to the public, or

(d) otherwise than in the course of a business, trade or profession, makes

available to the public to such an extent as to prejudice the interests

of the performer,

a recording of a qualifying performance which is, and which he or she knows

or has reason to believe is, an illicit recording.

(2) Where, in an action brought under this section for infringement of the

rights of a performer, a defendant shows that the illicit recording was

innocently acquired by him or her or his or her predecessor in title, the only

remedy available against the defendant in respect of the infringement shall be

an award of damages not exceeding a reasonable payment in respect of the act

complained of.

(3) In Parts III and IV “innocently acquired” means that the person

acquiring the recording did not know and had no reason to believe that it was

an illicit recording.

117 Inserted by the European Communities (Enforcement of Intellectual Property Rights) Regulations 2006

Secondary

infringement:

providing

means for

making illicit

recording.

213.—A person infringes the rights of a performer conferred by section 203

where he or she without the consent of the performer—

(a) makes,

(b) sells, rents or lends, or offers or exposes for sale, rental or loan,

(d) has in his or her possession, custody or control,

an article specifically designed or adapted for making recordings of a

performance, knowing or having reason to believe that it has been or is to be

used to make illicit recordings.

Secondary

infringement:

permitting use

of apparatus

for infringing

performances.

214.—Where the rights of a performer conferred by this Part are infringed

by a public performance of a recording of the performance, or by playing or

showing the recording in public, by means of apparatus for—

(a) playing sound recordings,

(b) showing films, or

or the representations thereof, conveyed by any means,

the following persons shall also be liable for the infringement—

(i) a person who supplied the apparatus, or any substantial part thereof if,

when he or she supplied the apparatus or part thereof—

(I) he or she knew or had reason to believe that the apparatus was

likely to be used to infringe the rights of a performer conferred

by this Part, or

(II) in the case of apparatus the normal use of which involves a

public performance, playing or showing, he or she had reason

to believe that it would be used to infringe the rights of a

performer conferred by this Part;

(ii) an owner or occupier of premises who gave permission for the

apparatus to be brought onto the premises if, when the owner or

occupier gave permission, he or she knew or had reason to believe

that the apparatus was likely to be used to infringe the rights of a

performer conferred by this Part; and

(iii) a person who supplied a copy of a sound recording or film used to

infringe the rights of a performer conferred by this Part if, when the

person supplied it, he or she knew or had reason to believe that

what was supplied, or a copy made directly or indirectly therefrom,

was likely to be used to infringe the rights of a performer conferred

by this Part.

Chapter 3

Recording Rights

Interpretation. 215.—(1) In Parts III and IV an “exclusive recording contract” means a

contract between a performer and another person under which that person is

entitled to the exclusion of all other persons (including the performer) to make

recordings of one or more of that performer's performances with a view to

their commercial exploitation.

(2) Subject to subsection (3), references in Parts III and IV to a “person

having recording rights”, in relation to a performance, are to a person—

(a) who is party to and has the benefit of an exclusive recording contract

to which the performance is subject, or

(b) to whom the benefit of such a contract has been assigned,

and who is a qualifying person.

(3) Where a performance is subject to an exclusive recording contract but

the person mentioned in subsection (2) is not a qualifying person, references in

Parts III and IV to a “person having recording rights”, in relation to the

performance, are to a person—

(a) who is licensed by the person having recording rights to make

recordings of the performance with a view to their commercial

exploitation, or

(b) to whom the benefit of such a licence has been assigned,

and who is a qualifying person.

(4) In this section “with a view to their commercial exploitation” means

with a view to the recordings being sold, rented or lent, or offered or exposed

for sale, rental or loan or shown or played in public or otherwise made

available to the public for commercial gain.

Infringement

of recording

rights by

copying.

216.—(1) A person infringes the rights conferred by this Part on a person

having recording rights in relation to a performance where he or she, without

the consent of the performer or of the person having recording rights in

relation to the performance, makes a recording of the whole or any substantial

part of the performance.

(2) Without prejudice to any other remedy, in an action brought under this

section for infringement of the rights referred to in subsection (1), damages

shall not be awarded against a defendant who shows that at the time of the

infringement he or she did not know and had no reason to believe that consent

had not been given.

Infringement

of recording

rights by use

of illicit

recording.

217.—(1) A person infringes the rights conferred by this Part on a person

having recording rights in relation to a performance where he or she, without

the consent of the person having recording rights in relation to the

performance or, in the case of a qualifying performance, the consent of the

performer—

(a) shows or plays in public the whole or any substantial part of the

performance, or

(b) broadcasts or includes in a cable programme service the whole or any

substantial part of the performance,

by means of a recording which was, and which that person knows or has

reason to believe was, made without the appropriate consent.

(2) The reference in subsection (1) to the “appropriate consent” is to the

consent of—

(a) the performer, or

(b) the person who, at the time the consent was given, had recording

rights in relation to the performance (or, where there was more

than one such person, the consent of all of them).

Secondary

infringement:

importing,

possessing or

dealing with

illicit

recording.

218.—(1) A person infringes the rights conferred by this Part on a person

having recording rights in relation to a performance where he or she, without

the consent of the person having recording rights in relation to the

performance or, in the case of a qualifying performance, the consent of the

performer—

(a) sells, rents or lends, or offers or exposes for sale, rental or loan,

(b) imports into the State, otherwise than for his or her private and

domestic use,

possession, custody or control, or makes available to the public, or

(d) otherwise than in the course of a business, trade or profession, makes

available to the public to such an extent as to prejudice the interests

of the person having recording rights,

a recording of a performance which is, and which that person knows or has

reason to believe is, an illicit recording.

(2) Where, in an action brought under this section for infringement of the

rights conferred by this Part on a person having recording rights, a defendant

shows that the illicit recording was innocently acquired by him or her or his or

her predecessor in title, the only remedy available against the defendant in

respect of the infringement shall be an award of damages not exceeding a

reasonable payment in respect of the act complained of.

Secondary

infringement:

providing

219.—A person infringes the rights conferred by this Part on a person

having recording rights in relation to a performance where he or she, without

means for

making illicit

recordings.

the consent of the person having recording rights in relation to the

performance or, in the case of a qualifying performance, the consent of the

performer—

(a) makes,

(b) sells, rents or lends, or offers or exposes for sale, rental or loan,

(d) has in his or her possession, custody or control,

an article specifically designed or adapted for making recordings of a

performance, knowing or having reason to believe that it has been or is to be

used to make illicit recordings.

Chapter 4

Acts Permitted in Relation to Performances

Exemptions in

respect of

performance.

220.—In this Part an act may be exempted under more than one category of

exemption and the exemption of an act under one category of exemption shall

not preclude its exemption under another category.

Fair dealing

with

performances,

etc.

221.—(1) Fair dealing with a performance or recording for the purposes of

criticism or review, of that or another performance or recording, or of a work,

or for the purpose of reporting current events, shall not infringe any of the

rights conferred by this Part.

221. (1) Fair dealing with a performance or recording for the purposes of—

(a) criticism or review, of that or another performance or

recording, or of a work,

(b) reporting current events, or

shall not infringe any of the rights conferred by this Part.

(2) Fair dealing with a recording of a performance for the purposes of

caricature, parody or pastiche shall not infringe the copyright in that work.

(3) In this Part, ‘fair dealing’ means the making use of a performance or

recording which has been lawfully made available to the public for a purpose

and to an extent which will not unreasonably prejudice the interests of the

rightsowner where such use is accompanied by a sufficient

acknowledgement.118

(2) In this Part “fair dealing” means the making use of a performance or a

recording which has been lawfully made available to the public for a purpose

118 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

and to an extent which will not unreasonably prejudice the interests of the

rightsowner.

Incidental use

performances.

222.—(1) The rights conferred by this Part are not infringed by the

inclusion in an incidental manner of a performance or recording in another

recording or work.

(2) The rights conferred by this Part are not infringed by the making

available to the public of anything whose making was not, by virtue of

subsection (1), an infringement of those rights.

(3) A performance or recording shall not be regarded as included in an

incidental manner in another recording or work where it is included in a

manner where the interests of the rightsowner are unreasonably prejudiced.

Education

Copying of a

performance

for purpose of

instruction,

etc.

223.—(1) The rights conferred by this Part are not infringed by the copying

of a recording of a performance in the course of instruction or preparation for

instruction where the copying is done by or on behalf of a person giving or

receiving instruction education or of preparation for education where the

copying is done by or on behalf of a person giving or receiving education.119

(2) The rights conferred by this Part are not infringed—

(a) by the copying of a recording of a performance for the purposes of

setting or answering the questions in an examination, or

(b) by anything done for the purposes of an examination by way of

communicating the questions to the examination candidates.

(3) Where a copy which would otherwise be an illicit recording is made

under this section but is subsequently sold, rented or lent, or offered or

exposed for sale, rental or loan, or otherwise made available to the public, it

shall be treated as an illicit recording for those purposes and for all subsequent

purposes.

Playing of

sound

recording, etc.,

at an

educational

establishment.

224.—(1) The playing or showing of a sound recording, film, broadcast or

cable programme before an audience limited to persons who are teachers in or

pupils in attendance at an educational establishment or other persons directly

connected with the activities of that establishment—

(a) by a teacher or pupil in the course of the activities of the

establishment concerned, or

(b) by any person for the purposes of instruction education,120

is not a playing or showing of a performance or a recording in public for the

purposes of infringement of the rights conferred by this Part.

119 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 120 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(2) For the purposes of this section, a person is not directly connected with

the activities of an educational establishment by reason only that he or she is a

parent or a guardian of a pupil in attendance at the educational establishment

concerned.

Recording of

broadcast, etc.,

on behalf of an

educational

establishment.

225.—(1) A recording of a broadcast or a cable programme, or a copy of

such a recording, may be made by or on behalf of an educational

establishment for the educational purposes of that establishment without

infringing any of the rights conferred by this Part in relation to any

performance or recording included in the broadcast or cable programme.

(2) Where a recording which would otherwise be an illicit recording is

made under this section but is subsequently sold, rented or lent, or offered or

exposed for sale, rental or loan, or otherwise made available to the public, it

shall be treated as an illicit recording for those purposes and for all subsequent

purposes.

Text and data

mining for

non-

commercial

research

225A.(1) Subject to subsection (3), the making of a copy of a performance or

recording by a person who has lawful access to the performance or

recording does not infringe any of the rights conferred by this Part

where the copy is—

(a) made in order that the person may carry out a computational

analysis of anything in the work for the sole purpose of research

for a non-commercial purpose, and

(b) accompanied by a sufficient acknowledgement.

(2) A copy made under subsection (1) of a performance or recording

which was, at the time when the copy was made, available without a restriction

as to its access does not infringe copyright, and whether or not that work

continues to be so available after that time.

(3) Where a copy of a performance or recording has been made under

subsection (1) by a person, the copyright in the performance or recording is

infringed where the copy—

(a) is transferred to any other person, except where the transfer is

authorised by the copyright owner, or

(b) is used for any purpose other than the purpose referred to in

subsection (1)(a)

(4) Without prejudice to section 374, nothing in Part VII shall be construed

as operating to prevent any person from undertaking an act permitted by this

section.

(5) Without prejudice to the generality of section 52(1), where the

publication of the results of a computational analysis referred to in subsection

(1)(a) of a copy of a performance or recording includes the reproduction of

extracts from the performance or recording, such inclusion shall constitute

inclusion in an incidental manner referred to in section 52(1) if the extracts

are not more than are reasonably necessary to explain, or to assist in

explaining, the results of the analysis.

Illustration for

education,

teaching or

scientific

research

225B.(1) Subject to subsections (2) to (5), it is not an infringement of the

rights conferred by this Part—

(a) to make or to cause to be made a copy or communication of a

recording of a performance for the sole purpose of illustration for

education, teaching or scientific research or of preparation for

education, teaching or scientific research, or

(b) without prejudice to the generality of paragraph (a), for an

educational establishment, for the educational purposes of that

establishment, to copy or cause to be copied a recording of a

performance, or to do or to cause to be done any other reasonably

necessary act in order to display it.

(2) Subsection (1) shall not apply unless the copy or communication is—

(a) made for purposes that are neither directly nor indirectly

commercial,

(b) made only to an extent reasonably justified by the non-

commercial purposes referred to in paragraph (a), and

(3) Subsection (1) shall not apply if—

(a) the recording being copied or communicated is an

infringement of the rights conferred by this Part, and

(b) the person making the copy or communication or causing it to

be made did not have reasonable grounds to believe that the

recording was not such an infringement.

(4) Where a copy which would otherwise be an illicit recording is

made under this section, but is subsequently sold, rented or lent, or offered or

exposed for sale, rental or loan, or otherwise made available to the public, it

shall be treated as an illicit recording for those purposes and for all subsequent

purposes.

(5) Subsection (1) shall not apply if the recording is commercially

available in the State—

(a) in a medium that is appropriate for any purpose referred to in

that subsection,

(b) by or with the authority of the owner of the rights in that

recording,

to the recording in a medium other than the medium referred to in

paragraph (a), and

(d) in sufficient supply to meet the likely demand for that

recording in the medium referred to in paragraph (a).

Distance

learning

provided by

educational

establishment

225C.(1) Subject to subsections (2) and (3), it is not an infringement of the

rights conferred by this Part for—

(a) an educational establishment, for the educational purposes of

that establishment, to communicate a recording of a performance,

sound recording, film, broadcast or cable programme as part of a

lesson or examination to a student of that establishment by

telecommunication, and

(b) a student who has received such a lesson or examination to

make a copy of such recording, film, broadcast or cable

programme in order to be able to listen to or view it at a more

convenient time.

(2) Subsection (1) shall not apply if—

(a) the recording, film, broadcast or cable programme being

communicated or copied is an infringement of the rights conferred

by this Part, and

(b) the person making the communication or copy or causing it to

be made did not have reasonable grounds to believe that the

recording, film, broadcast or cable programme was not such an

infringement.

(3) Where a copy which would otherwise be an illicit recording is made

under this section but is subsequently sold, rented or lent, or offered or

exposed for sale, rental or loan, or otherwise made available to the public, it

shall be treated as an illicit recording for those purposes and for all subsequent

purposes.

Use by

educational

establishment

of recording of

performance

available

through the

Internet

225D.(1) Subject to subsection (2), it is not an infringement of the rights

conferred by this Part for an educational establishment, for the educational

purposes of that establishment, to copy or communicate a recording of a

performance that is available through the Internet if that copy or

communication is accompanied by a sufficient acknowledgement.

(2) Subsection (1) shall not apply if—

(a) the recording is protected by a technological protection

measure,

(b) the educational establishment knew or ought to have been

aware that the recording was made available through the

Internet without the consent of the copyright owner, or

prohibiting the copying or communication of the recording is

posted on the Internet website concerned or on the recording

itself.121

Performer's

rights not

infringed by

lending

226.—(1) Subject to subsection (2), educational establishments and

establishments to which members of the public have access shall be exempt

from the payment of remuneration under section 205 (5)(g) and shall not

infringe the rights conferred by this Part by the lending of copies of a

recording of a performance.

(2) The Minister shall prescribe the educational establishments and the

establishments to which members of the public have access for the purposes of

subsection (1).122

Performers’

rights not

infringed by

lending by

educational

establishments.

226.—The rights conferred by this Part are not infringed by the lending by an

educational establishment of a copy of a recording of a performance.123

Libraries and Archives

Regulations

relating to

copying of

recordings by

libraries and

archives.

227.—(1) The Minister may make regulations for the purposes of this

section and those regulations may make different provisions for different

classes of libraries or archives and for different purposes.

(2) Without prejudice to the generality of subsection (1), the Minister may

prescribe the libraries and archives to which sections 228 to 234 apply and

may prescribe all or any of the following—

(a) the conditions that are to be complied with when a librarian or

archivist of a prescribed library or prescribed archive makes and

supplies a copy of any part of a recording of a performance which

has been lawfully made available to the public to a person

requiring a copy;

(b) the conditions that are to be complied with when a librarian or

archivist of a prescribed library or prescribed archive makes and

supplies to another prescribed library or prescribed archive a copy

121 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019 122 Deleted by the Copyright and Related Rights (Amendment) Act 2007 123 Inserted by the Copyright and Related Rights (Amendment) Act 2007

of a recording of a performance or part of a recording of a

performance which has been lawfully made available to the public

and is required by that other prescribed library or archive;

archivist of a prescribed library or prescribed archive makes a copy

of a recording of a performance in the permanent collection of the

library or archive in order to preserve or replace that recording in

the permanent collection of that prescribed library or prescribed

archive, or in the permanent collection of another prescribed

library or prescribed archive;

(d) the conditions that are to be complied with by a librarian or archivist

of a prescribed library or prescribed archive when making or

supplying a copy of the whole or part of certain recordings of a

performance which have not been lawfully made available to the

public from a recording in the prescribed library or prescribed

archive to a person requiring the copy.

Libraries and

archives:

declarations.

228.—(1) Where regulations made by the Minister under section 227

require a librarian or archivist to be satisfied as to any matter before making or

supplying a copy of a recording of a performance—

(a) the librarian or archivist concerned may rely on a declaration as to

that matter by the person requesting the copy, unless the librarian

or archivist is aware that it is false in a material particular, and

(b) in such cases as may be prescribed, the librarian or archivist shall not

make or supply the copy in the absence of a declaration in such

form as may be prescribed.

(2) Where a person requesting a copy of a recording of a performance

makes a declaration which is false in a material particular and is supplied with

a copy which would have been an illicit recording if made by him or her—

(a) he or she shall be liable for infringement of the rights conferred by

this Part as if he or she had made the copy, and

(b) the copy shall be treated as an illicit recording.

Copying by

librarians or

archivists:

parts of

recordings

lawfully made

available to

public.

229.—(1) The librarian or archivist of a prescribed library or prescribed

archive may, where the prescribed conditions are complied with, make and

supply a copy of part of a recording of a performance which has been lawfully

made available to the public without infringing any rights conferred by this

Part.

(2) A copy made under subsection (1) shall not be supplied other than to a

person who satisfies the librarian or archivist that he or she requires that copy

for the purposes of research education, research124 or private study and he or

she shall not use it for any other purpose and that person shall not be furnished

124 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

with more than one copy of the same recording unless the person satisfies the

librarian or archivist that the previous copy has been lost, stolen, discarded or

destroyed or a reasonable period of time has elapsed, and that person shall not

be furnished with a copy of more than a reasonable proportion of any

recording of a performance.

Multiple

copying. 230.—(1) A copy of a recording shall not be supplied under section 229 to

more than 3 persons whose requirements are related to any similar

requirement of any other person.

(2) For the purposes of subsection (1)—

(a) the requirements of persons shall be deemed to be similar where the

requirements are for copies of substantially the same material at

approximately the same time and for substantially the same

purpose, and

(b) the requirements of persons shall be deemed to be related where those

persons receive instructions education125 to which the material is

relevant at the same time and place.

Copying by

librarians or

archivists:

supply of

copies to other

libraries and

archives.

231.—(1) The librarian or archivist of a prescribed library or prescribed

archive may, where the prescribed conditions are complied with, make and

supply to another prescribed library or prescribed archive a copy of the whole

or part of a recording of a performance, which has been lawfully made

available to the public, without infringing any rights conferred by this Part.

(2) Subsection (1) shall not apply where, at the time the copy is made, the

librarian or archivist making it could, by reasonable enquiry, obtain the

consent of a person entitled to authorise the making of the copy.

Copying by

librarians or

archivists:

replacement

copies of

recordings of

performances.

232.—(1) The librarian or archivist of a prescribed library or prescribed

archive may, where the prescribed conditions are complied with, make a copy

of a recording of a performance in the permanent collection of the library or

archive—

(a) in order to preserve or replace that recording by placing the copy in

the permanent collection of that library or archive in addition to or

in place of that recording, or

(b) in order to replace in the permanent collection of another prescribed

library or prescribed archive a recording which has been lost,

destroyed or damaged,

without infringing any right conferred by this Part.

(2) This section shall only apply where it is not reasonably practicable to

purchase a copy of the recording concerned for the purposes of subsection (1).

125 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

Copying by

librarians or

archivists for

certain

purposes.

233.—(1) The librarian or archivist of a prescribed library or prescribed

archive may, where the prescribed conditions are complied with, make a copy

of a recording of a performance in the permanent collection of the library or

archive—

(a) for the purposes of obtaining insurance cover for the copy of a

performance concerned;

(b) for purposes of security;

performance; or

(d) for exhibition in the library or archive,

without infringing any rights conferred by this Part.

(2) This section shall apply to copying conducted for the curatorial purposes

specified in subsection (1), and Subsection (1) shall apply to copying

conducted for the curatorial purposes specified in that subsection126 to an

extent reasonably justified by the non-commercial purpose to be achieved.

(3) Subject to subsection (4), the librarian or archivist of a prescribed library

or prescribed archive may, where the prescribed conditions are complied with,

make a copy of a recording of a performance in the permanent collection of

the library or archive for the purposes of—

(a) compiling or preparing a catalogue, or

(b) publishing an image or clip from the recording in a catalogue

relating to an exhibition,

without infringing any copyright in that recording.

(4) Subsection (3) shall apply to copying—

(a) conducted for the curatorial purposes referred to in that

subsection,

(b) to an extent reasonably justified by the non-commercial

purpose to be achieved, and

Copying by

librarians or

archivists:

certain

recordings not

lawfully made

available to

public.

234.—(1) The librarian or archivist of a prescribed library or prescribed

archive may, where the prescribed conditions are complied with, make and

supply a copy of the whole or part of a recording of a performance which has

not been lawfully made available to the public from any recording in the

permanent collection of the library or archive without infringing any right

conferred by this Part.

126 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

127 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(2) This section shall not apply where the performer, or the person having

recording rights in the relevant performance, has prohibited copying of that

recording of the performance and at the time the copy is made the librarian or

archivist making the copy knew, or ought to have been aware of, that fact.

(3) A copy made under subsection (1) shall not be supplied other than to a

person who satisfies the librarian or archivist that he or she requires that copy

for purposes of research education, research128 or private study and he or she

shall not use it for any other purpose and that person shall not be furnished

with more than one copy of that recording or part of that recording.

Copy of

recording

required to be

made as

condition of

export.

235.—Where a recording of a performance of cultural or historical

importance or interest may not lawfully be exported from the State unless a

copy of it is made and deposited in a library, archive or other institution

designated by the Minister for Arts, Heritage, Gaeltacht and the Islands under

section 50 of the National Cultural Institutions Act, 1997 , it shall not be an

infringement of any right conferred by this Part to make that copy.

Fair dealing by

librarians and

archivists

235A.(1)Without prejudice to the generality of section 50(1), the

communication, by a librarian or archivist of a prescribed library or prescribed

archive, to members of the public of recordings of performances in the

permanent collection of the library or archive, by dedicated terminals on the

premises of the library or archive, shall constitute fair dealing with the

recording for the purposes of that section where the communication is—

(a) undertaken for the sole purpose of education, teaching, research or

private study, and

(b) accompanied by a sufficient acknowledgement.

(2) Without prejudice to the generality of section 50(1) but subject to

subsection (3), the brief and limited display of a still image or very short clip

from a recording of a performance in the permanent collection of a prescribed

library or prescribed archive—

(a) either—

(i) in that library or another prescribed library or in that

archive or another prescribed archive, or

(ii) by the librarian or archivist of the first-mentioned

library or archive, by another person acting under the authority

of that librarian or archivist,

and

(b) during a public lecture given—

(i) in that library or another prescribed library or in that

archive or another prescribed archive,

128 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(ii) by the librarian or archivist of the first-mentioned

library or archive or by another person acting under the

authority of that librarian or archivist,

shall constitute fair dealing for the purposes of section 50(1).

(3) Subsection (2) shall not apply unless the communication or display is—

(a) undertaken for the sole purpose of education, teaching, research or

private study where such purpose is neither directly nor indirectly commercial,

and

(b) accompanied by a sufficient acknowledgement.

(4) The communication through the Internet or otherwise of the display

referred to in subsection (2) shall constitute fair dealing for the purposes of

section 50(1) where the display is—

(a) undertaken for the sole purpose of education, teaching, research or

private study where such purpose is neither directly nor indirectly

commercial, and

(b) accompanied by a sufficient acknowledgement.129

Copying by

librarians or

archivists:

illicit

recording.

236.—Where a copy which would otherwise be an illicit recording is made

under section 229 , 231 , 232 , 234 or 235 but is subsequently sold, rented or

lent, or offered or exposed for sale, rental or loan, or otherwise made available

to the public, it shall be treated as an illicit recording for those purposes and

for all subsequent purposes.

Orphan Works 236A.—(1) The copyright in a relevant work in the collection of a relevant body is

not infringed by a relevant body where

(a) the relevant work is an orphan work within the meaning of Regulation 4 of the

Regulations of 2014, and

(b) in accordance with Regulation 8 of the Regulations of 2014, the relevant

body—

(i) makes that orphan work available to the public, or

(ii) carries out an act of reproduction of that orphan work for the purposes of

digitisation, making available, indexing, cataloguing, preservation or restoration.

(2) The rights conferred by this Part in relation to a relevant work in the collection

of a relevant body is not infringed by a relevant body where—

(a) the relevant work is a relevant work to which Regulation 4(2) of the

Regulations of 2014 applies,

(b) the relevant body has, pursuant to Regulation 4(3) of the Regulations of 2014,

been given an authorisation referred to in that Regulation, and

129 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

body—

(i) makes that orphan work available to the public, or

(ii) carries out an act of reproduction of that orphan work for the purposes of

digitisation, making available, indexing, cataloguing, preservation or restoration.

(3) In this section—

‘Regulations of 2014’ means the European Communities (Certain Permitted Uses

of Orphan Works) Regulations 2014;

‘relevant body’ has the meaning assigned to it by the Regulations of 2014;

‘relevant work” has the meaning assigned to it by the Regulations of 2014130.

Public Administration

Parliamentary

and judicial

proceedings.

237.—The rights conferred by this Part are not infringed by anything done

for the purposes of parliamentary or judicial proceedings or for the purpose of

reporting those proceedings.

Statutory

inquiries. 238.—(1) The rights conferred by this Part are not infringed by anything

done for the purposes of a statutory inquiry or for the purpose of reporting any

such inquiry.

(2) The rights conferred by this Part are not infringed by the making

available to the public of copies of a report of a statutory inquiry containing a

recording of a performance.

Copying of

material in

public records.

239.—Any material which is comprised in records which are open to public

inspection may be copied, and a copy may be supplied to any person, without

infringing any right conferred by this Part.

Material open

to public

inspection or

on statutory

240.—(1) Without prejudice to the generality of section 239 , where

material is open to public inspection pursuant to a statutory requirement, or is

on a statutory register, the rights conferred by this Part are not infringed by the

copying, for a purpose which does not involve the making available to the

public of copies, of so much of the material as contains factual information of

any description, by or with the authority of the person required to make the

material open to public inspection or, by or on the authority of the person

maintaining the register.

(2) Where material is open to public inspection pursuant to a statutory

requirement, or is on a statutory register, the rights conferred by this Part are

not infringed by the copying or making available to the public of copies of that

material, for the purpose of enabling the material to be inspected at another

time or place, or otherwise facilitating the exercise of any right for the purpose

of which the requirement is imposed, by or with the authority of the person

130 Inserted by the European Union (Certain Permitted Uses of Orphan Works) Regulations 2014

required to make the material open to public inspection or, as the case may be,

the person maintaining the register.

(3) Where a recording of a performance is made available to the public

under this section the person granting access to the material shall ensure that it

bears a mark clearly indicating that it is provided for the purpose of inspection

and that no other use of the material may be made without the consent of the

person entitled to authorise such use.

(4) Material may not be provided under this section unless the person

granting access to the material has first obtained from the person requesting

the material a declaration, in such form as may be prescribed, indicating that

the material is required for the sole purpose of enabling the material to be

inspected at another time or place or to otherwise facilitate the exercise of the

right of public inspection.

(5) Where material which is open to public inspection pursuant to a

statutory requirement, or is on a statutory register, contains information about

matters of general, scientific, technical, commercial or economic interest, the

rights conferred by this Part are not infringed by the copying or making

available to the public of copies of that material for the purpose of

disseminating that information, by or with the authority of the person required

to make the material open to public inspection or, as the case may be, the

person maintaining the register.

(6) The Minister may prescribe the conditions which are to be complied

with before material is made available to the public under this section.

(7) The Minister may by order provide that subsections (1) to (5) apply—

(a) to material made open to public inspection by—

(i) an international organisation specified in the order, or

(ii) a person specified in the order who has functions in the State

under an international agreement to which the State is party,

(b) to a register maintained by an international organisation specified in

the order,

as they apply in relation to material open to public inspection pursuant to a

statutory requirement, or on a statutory register.

Acts done

under statutory

authority.

241.—(1) Where the undertaking of a particular act is specifically

authorised by an enactment then, unless the enactment provides otherwise, the

undertaking of that act shall not infringe any right conferred by this Part.

(2) Nothing in this section shall be construed as excluding any defence

available under any enactment.

Recordings in Electronic Form

Transfer of

copies of

recordings in

electronic

form.

242.—(1) This section applies where a recording of a performance in

electronic form has been purchased on terms which expressly or impliedly

allow the purchaser to make further recordings in connection with his or her

use of the recording.

(2) Where there are no express terms—

(a) prohibiting the transfer of the recording by the purchaser, imposing

obligations which continue after a transfer, prohibiting the

assignment of any licence or terminating any licence on a transfer,

(b) specifying the conditions on which a transferee may undertake the

acts which the purchaser was permitted to undertake,

then, any acts which the purchaser was permitted to undertake may also be

undertaken by a transferee without infringement of any right conferred by this

Part, but any recording made by the purchaser which is not also transferred

shall be treated as an illicit recording for those purposes and for all subsequent

purposes.

(3) Subsection (2) applies where the original purchased recording is no

longer usable and that which is transferred is a further recording used in its

place.

(4) This section shall apply on a second and subsequent transfer in like

manner as to the first transfer to a purchaser and references to the purchaser

shall be construed as references to a second or subsequent transferee.

(5) This section shall not apply in relation to a recording purchased before

the commencement of this Part.

Miscellaneous Matters Relating to Performers' Rights

Use of

recordings of

spoken words

in certain

cases.

243.—(1) Subject to compliance with the conditions specified in subsection

(2), where a recording of the reading or recitation of a literary or a dramatic

work is made for the purpose of—

(a) reporting current events, or

(b) broadcasting or including in a cable programme service the whole or

part of the reading or recitation,

it is not an infringement of any right conferred by this Part to use the recording

or to make further copies and use those copies for the purposes referred to in

paragraphs (a) and (b).

(2) The conditions referred to in subsection (1) are—

(a) that the recording is a direct recording of the reading or recitation and

is not taken from a previous recording or from a broadcast or cable

programme,

(b) that the making of the recording was not prohibited by or on behalf of

the person giving the reading or recitation,

the person giving the reading or recitation before the recording was

made, and

(d) that the use made of the recording is by or with the authority of a

person who is lawfully in possession of the recording.

Transient and

incidental

copies

244.—(1) The rights conferred by this Part are not infringed by the making

of a transient and incidental copy of a recording of a performance which is

technically required for the viewing of or listening to the recording by a

member of the public to whom the recording is lawfully made available.

(2) Where a copy which would otherwise be an illicit recording is made

under this section but is subsequently sold, rented or lent, or offered or

exposed for sale, rental or loan, or otherwise made available to the public, it

shall be treated as an illicit recording for those purposes and for all subsequent

purposes.

Temporary

acts of

reproduction.

244.—(1) It is not an infringement of the rights conferred by this Part to

undertake or conduct temporary acts of reproduction which acts are transient or

incidental and which are an integral and essential part of a technological process

and whose sole purpose is to enable -

(a) a transmission in a network between third parties by an intermediary,

(b) a lawful use,

of the subject-matter to be made, and which acts have no independent

economic significance.

(2) Where a copy, which would otherwise be an illicit recording, is made under

this section and is subsequently sold, rented or lent, or offered or exposed for sale,

rental or loan, or otherwise made available to the public, it shall be treated as an

illicit recording for those purposes and for all subsequent purposes.131

Recordings of

works of

folklore.

245.—(1) A recording of a performance of an anonymous work which has

not been lawfully made available to the public may be made for the purpose of

including it in an archive maintained by a designated body without infringing

any right conferred by this Part where at the time the recording is made—

(a) the making of the recording does not infringe any copyright, and

(b) the making of the recording is not prohibited by any performer.

(2) A copy of a recording made under subsection (1) and included in an

archive maintained by a designated body may, subject to compliance with the

conditions referred to in subsection (3), be made and supplied by an archivist

without infringing any right conferred by this Part.

131 Inserted by the European Union (Copyright and Related Rights) Regulations 2004

(3) The conditions referred to in subsection (2) relating to the actions of

archivists are—

(a) that a copy may not be supplied other than to a person who satisfies

the archivist that he or she requires that copy for the purposes of

research education, research132 or private study and he or she shall

not use it for any other purpose, and

(b) that a person shall not be furnished with more than one copy of the

same recording.

(4) In this section “designated body” means a body designated for the

purposes of section 92 .

Playing or

showing sound

recordings,

broadcasts and

cable

programmes in

certain

premises.

246.—(1) Subject to subsection (2), it is not an infringement of any of the

rights conferred by this Part to cause a sound recording, broadcast or cable

programme to be heard or viewed where it is heard or viewed—

(a) in part of the premises where sleeping accommodation is provided for

the residents or inmates, and

(b) as part of the amenities provided exclusively or mainly for residents

or inmates.

(2) Subsection (1) does not apply in respect of any part of premises to which

subsection (1) applies where there is a discrete charge made for admission to

the part of the premises where a sound recording, broadcast or cable

programme is to be heard or viewed.

Playing of

sound

recordings for

clubs,

societies, etc.

247.—(1) Subject to compliance with the conditions specified in subsection

(2), it is not an infringement of any right conferred by this Part to play a sound

recording as part of the private activities of or for the benefit of a club, society

or other organisation.

(2) The conditions referred to in subsection (1) are—

(a) that the club, society or other organisation is not established or

conducted for profit and its main objects are charitable or are

otherwise concerned with the advancement of religion, education

or social welfare, and

(b) the proceeds of any charge for admission to the place where the sound

recording is to be heard are applied solely for the purposes of the

club, society or other organisation.

(3) Subsection (1) shall not apply in the case of any club, society or other

organisation where a charge is made for admission to the place where the

sound recording is to be heard and any of the proceeds of the charge are

132 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

applied otherwise than for the purpose of the club, society or other

organisation.

Recording for

purposes of

broadcast or

cable

programme.

248.—(1) Where, by virtue of a licence or assignment of a right conferred

by this Part, a person is authorised to broadcast or include in a cable

programme service a recording of a performance, he or she shall be deemed to

be licensed by the owner of the right in the recording to copy or authorise the

copying of that recording by means of his or her facilities for the purposes of

his or her broadcast or cable programme.

(2) A licence conferred by subsection (1) shall be subject to the condition

that any copy resulting from the exercise of that licence shall not be used for

any purpose other than the broadcast or cable programme and shall be

destroyed within 3 months of first being used for broadcasting or included in a

cable programme service.

(3) A copy of a recording made under this section shall be treated as an

illicit recording where it is used for purposes other than broadcasting or

inclusion in a cable programme service or where it is used after the expiration

of 3 months from the date it is first used for broadcasting or included in a

cable programme service.

Recording for

purposes of

supervision

and control of

broadcasts and

cable

programmes.

249.—(1) The rights conferred by this Part are not infringed by the making

or use by an authorised broadcaster or authorised cable programme service

provider, for the purpose of maintaining supervision and control over

programmes broadcast by them or included by them in a cable programme

service, of recordings of those programmes.

(2) The rights conferred by this Part are not infringed by any use made by

any body established by the State to regulate the operations of broadcasters or

cable programme service provides of any recordings of broadcasts or cable

programmes.

Recording for

purposes of

time-shifting.

250.—(1) The making for private and domestic use of a fixation of a

broadcast or cable programme solely for the purpose of enabling it to be

viewed or listened to at another time or place shall not infringe any right

conferred by this Part.

(2) Subject to subsection (3), the making by an establishment for private

and domestic use of a fixation of a broadcast or cable programme solely for

the purpose of enabling it to be viewed or listened to at another time or place

shall not infringe any right conferred by this Part.

(3) The Minister may specify by order establishments for the purposes of

this section.

Reception and

retransmission

of broadcast in

cable

programme

service.

251.—(1) This section applies where a broadcast made from a place in the

State is, by reception and immediate retransmission, without alteration,

included in a cable programme service.

(2) The rights conferred by this Part in relation to a performance or

recording included in a broadcast to which this section applies are not

infringed where—

(a) the inclusion is pursuant to a statutory requirement, or

(b) the broadcast is made for reception in the area in which the cable

programme service is provided and it is not a satelite transmission

or an encrypted transmission.

(3) Where the making of a broadcast is an infringement of any right

conferred by this Part, the fact that the broadcast was retransmitted as a

programme in a cable programme service shall be taken into account in

assessing the damages for that infringement.

Provision of

modified

recordings.

252.—(1) A designated body may—

(a) make a copy of a recording, for the purpose of modifying that copy to

meet the special needs of a person who has a physical or mental

disability, and

(b) supply that modified copy to that person without infringing any right

conferred by this Part.

(2) Where a copy which would otherwise be an illicit recording is made

under this section but is subsequently sold, rented or lent, or offered or

exposed for sale, rental or loan, or otherwise made available to the public, it

shall be treated as an illicit recording for those purposes and for all subsequent

purposes.

(3) In this section “designated body” means a body designated for the

purposes of section 104 .

Recording for

archival

purposes.

253.—(1) A recording of a broadcast or a cable programme of a designated

class or a copy of such a recording may be made for the purpose of including

it in an archive maintained by a designated body without infringing any right

conferred by this Part in relation to a performance or recording included in the

broadcast or cable programme.

(2) In this section—

“designated body” means a body designated for the purposes of section 105 ;

“designated class” means a class designated for the purposes of section 105 .

Power of

Controller to

consent on

behalf of

performer.

254.—(1) Subject to the service or publication of such notices as may be

required by rules made under section 363 or as the Controller may in any

particular case direct, the Controller may by order, on the application of a

person wishing to make a copy of a recording of a performance, consent to the

making of the copy in a case where the identity or location of the person

entitled to the reproduction right cannot be ascertained by reasonable enquiry.

(2) The consent given by the Controller under subsection (1) has effect in

the same manner as the consent of the person entitled to the reproduction right

for the purposes of section 204 and may be given subject to any conditions

specified in the order made under subsection (1).

(3) For the purposes of giving consent under subsection (1), the Controller

shall take into account—

(a) whether the original recording was made with the consent of the

performer and is lawfully in the possession, custody or control of

the person proposing to make the copy, and

(b) whether the making of the copy is consistent with the obligations of

the parties to the arrangements under which, or is otherwise

consistent with the purposes for which, the original recording was

made.

(4) subsection (3) shall not affect the obligation of the Controller in any

case to have regard to all relevant circumstances.

(5) Where the Controller consents under subsection (1) he or she shall, in

default of agreement between the applicant and the person entitled to the

reproduction right, make such order as the Controller thinks fit as to the

payment to be made to the person entitled to the reproduction right in

consideration of consent being given.

(6) This section shall not apply to a recording of a performance that is a

relevant work within the meaning of the Regulations of 2014 and the relevant

work is an orphan work within the meaning of those Regulations.

(7) In subsection (6)—

‘Regulations of 2014’ has the meaning assigned to it by section 70A;

‘relevant work’ has the meaning assigned to it by section 70A.133

Chapter 5

Delivery Up and Seizure

Order for

delivery up. 255.—(1) Where a person—

(a) in the course of a business, trade or profession, has in his or her

possession, custody or control an illicit recording of a performance,

(b) has in his or her possession, custody or control an article specifically

designed or adapted for making recordings of a performance,

knowing or having reason to believe that it has been or is to be

used to make illicit recordings, or

device,

133 Amended by the European Union (Certain Permitted Uses of Orphan Works) Regulations 2014

a person having rights conferred by this Part in relation to the performance

may apply to the appropriate court for an order that the illicit recording, article

or device be delivered up to him or her or to such other person as the court

may direct.

(2) An application under subsection (1) shall not be made after the

expiration of the period specified in section 263 (1) as being the limit of the

period for delivery up and no order shall be made unless the court also makes,

or it appears to the court that there are grounds for making, an order as to the

disposal of the illicit recording, article or device.

(3) A person to whom an illicit recording, article or device is delivered up

pursuant to an order made under this section shall, where an order under

section 264 as to the disposal of the illicit recording, article or device is not

made, retain it pending the making of an order, or the decision not to make an

order, under that section.

Application to

District Court

for seizure of

illicit

recordings,

articles or

devices, etc.

256.—(1) Without prejudice to section 257 where the owner of the rights in

a recording of a performance conferred by this Part applies to the District

Court, it may, where satisfied that there are reasonable grounds for believing

that there are being hawked, carried about or marketed—

(a) illicit recordings of the performance,

(b) articles specifically designed or adapted for making recordings of a

performance, which the person hawking, carrying about or

marketing those articles, knows or has reason to believe that they

have been or are to be used to make illicit recordings of a

performance, or

authorise by order a member of the Garda Síochána to seize without warrant

the recordings, articles or devices and to bring them before the District Court.

(2) On being satisfied that a recording, article or device referred to in

subsection (1) is—

(a) an illicit recording,

(b) an article that has been or is to be used to make illicit recordings, or

the District Court may order the recording, article or device to be destroyed or

to be delivered up to the rightsowner or otherwise dealt with as the Court may

think fit.

(3) In an application to the District Court under subsection (1) or, in any ex

parte application or interlocutory motion to a court of competent jurisdiction

for an order which would permit the applicant to enter and search premises or

place specified therein and take possession of material found therein on terms

set out in such order, the court hearing such an application may receive

hearsay evidence to the effect that the witness or deponent believes that the

material may be found in a particular location.

(4) A witness or deponent shall not be obliged to indicate the source of the

information upon which that witness formed the belief that material may be

found in a particular location.

(5) After the implementation of an order made under this section, the court

may, on the application of a person aggrieved by it, award damages against the

applicant for the order as it considers just, on being satisfied that—

(a) no infringement of a right conferred by this Part has been established,

and

(b) the information on which the rightsowner applied for the order was

given maliciously.

Right of

rightsowner to

seize illicit

recordings,

articles or

devices, etc.

257.—(1) Where it would be impracticable for the owner of the rights in a

recording of a performance to apply to the District Court for an order under

section 256 , a recording, article or device referred to in section 256 (1), in

respect of which the rightsowner would be entitled to apply for an order for

delivery up under section 255 , may be seized and detained by the rightsowner

or a designated representative of that owner where the recording, article or

device is found being hawked, carried about or marketed.

(2) The right to seize and detain conferred by subsection (1) is exercisable

subject to subsections (4) to (8) and is subject to any decision of the court

relating to disposal of illicit recordings, articles or devices under section 264 .

(3) A person who seizes any illicit recordings, articles or devices under this

section shall apply to the District Court for an order to dispose of those

recordings, articles or devices within 30 days of the seizure.

(4) Before any illicit recordings, articles or devices are seized under this

section notice of the time and place of the proposed seizure shall be given to a

member of the Garda Síochána in the District Court Area in which the

recordings, articles or devices are to be seized.

(5) A person exercising the right to seize and detain conferred by subsection

(1) may enter premises to which members of the public have access.

(6) A person exercising the right to seize and detain conferred by subsection

(1) may not seize anything in the possession, custody or control of a person at

his or her permanent or regular place of business, trade or profession, and may

not use any force.

(7) Without prejudice to the generality of subsection (6) a person exercising

the right to seize and detain conferred by subsection (1) may make an

inventory or prepare other evidence of infringement of any of the rights

conferred by this Part or potential infringement of such rights.

(8) At the time when any illicit recordings, articles or devices are seized

under this section there shall be given to the owner, occupier or person in

charge of the place where the recordings, articles or devices are seized a

notice, in the prescribed form, informing the person of the right of the owner

of the recordings, articles or devices being seized to apply to the District Court

for the return of the recordings, articles or devices on the grounds that they are

not—

(a) illicit recordings of a performance,

(b) articles that have been or are to be used to make illicit recordings, or

(9) Without prejudice to the generality of subsection (8), the Minister shall

prescribe the form of the notice to be given under that subsection and the form

shall specify—

(a) the name and the address of the person claiming to be the owner of

the rights in the recording concerned,

(b) the statutory authority for the seizure,

has for such seizure, and

(d) a list of that which is seized.

(10) The owner of any recordings, articles or devices seized under this

section may apply to the District Court for the return of those recordings,

articles or devices.

(11) Rules of court shall be made under this section and the rules shall

provide for procedures to enable applications to be made and dealt with in an

expeditious manner.

(12) Where there has been an exercise of the right to seize and detain,

conferred by subsection (1), the court may, on the application of a person

aggrieved by it, award damages against a person who exercises that right as it

considers just, on being satisfied that—

(a) no infringement of a right conferred by this Part has been established,

and

(b) the person had no reasonable grounds for such seizure.

Chapter 6

Offences: Performances

Offences. 258.—(1) A person who, without the consent of the rightsowner—

(a) makes for sale, rental or loan,

(b) sells, rents or lends, or offers or exposes for sale, rental or loan,

domestic use,

(d) in the course of a business, trade or profession, has in his or her

possession, custody or control, or makes available to the public, or

(e) otherwise than in the course of a business, trade or profession, makes

available to the public to such an extent as to prejudice the interests

of the rightsowner,

a recording which is, and which he or she knows or has reason to believe is, an

illicit recording, shall be guilty of an offence.

(2) A person who—

(a) makes,

(b) sells, rents or lends, or offers or exposes for sale, rental or loan,

(d) has in his or her possession, custody or control,

an article specifically designed or adapted for making recordings of a

performance, knowing or having reason to believe that it has been or is to be

used to make illicit recordings, shall be guilty of an offence.

(3) A person who—

(a) (i) makes,

(ii) sells, rents or lends, or offers or exposes for sale, rental or loan,

(iii) imports into the State, or

(iv) has in his or her possession, custody or control,

a protection-defeating device, knowing or having reason to believe

that it has been or is to be used to circumvent rights protection

measures, or

(b) provides information, or offers or performs any service intended to

enable or assist persons to circumvent rights protection measures,

shall be guilty of an offence.

(4) Where the rights conferred by this Part are infringed—

(a) by the playing or showing in public of a recording of a performance,

(b) by the broadcasting or inclusion in a cable programme service of a

performance or a recording of a performance,

the person who caused the recording of the performance to be shown or

played, or the performance or the recording of the performance to be broadcast

or included in a cable programme service, shall be guilty of an offence where

he or she knew or had reason to believe that the rights conferred by this Part

would be infringed.

(5) An offence shall not be committed under subsection (1) or (4) by the

undertaking of an act which under this Part may be undertaken without

infringing the rights conferred by this Part.

(6) A person guilty of an offence under subsection (1), (2) or (3) shall be

liable—

(a) on summary conviction, to a fine not exceeding £1,500 class C fine134

in respect of each illicit recording, article or device, or to

imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine not exceeding £100,000

€130,000135, or to imprisonment for a term not exceeding 5 years,

or both.

(7) A person guilty of an offence under subsection (4) shall be liable—

(a) on summary conviction, to a fine not exceeding £1,500 class C fine136

in respect of each offence, or to imprisonment for a term not

exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine not exceeding £100,000

€130,000137, or to imprisonment for a term not exceeding 5 years,

or both.

False claims of

rights in

performances.

259.—A person who, for financial gain, makes a claim to enjoy a right

under this Part or Part IV which is, and which he or she knows or has reason

to believe is, false, shall be guilty of an offence and shall be liable on

conviction on indictment to a fine not exceeding £100,000 €130,000138, or to

imprisonment for a term not exceeding 5 years, or both.

Order for

delivery up in

criminal

proceedings.

260.—(1) The court may, on conviction of a person or being satisfied that

there is a prima facie case to answer, where the court is satisfied that at the

time of the arrest or charge the person had in his or her possession, custody or

control—

(a) in the course of a business, trade or profession, a recording of a

performance, knowing or having reason to believe it to be an illicit

recording,

(b) an article specifically designed or adapted for making recordings of a

performance, knowing or having reason to believe that it had been

or was to be used to make illict recordings, or

order that the illicit recording, article or device be delivered up to the

rightsowner or to such other person as the court may direct.

134 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 135 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 136 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 137 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 138 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(2) An order may be made by the court of its own motion, or on the

application of the person bringing a prosecution, and may be made whether or

not the person is convicted of the offence, but shall not be made—

(a) after the expiration of the period specified in section 263 (3) as being

the limit of the period for delivery up, or

(b) where it appears to the court unlikely that any order will be made as

to the disposal of the illicit recordings, articles or devices.

(3) A person to whom an illicit recording, article or device is delivered up

pursuant to an order made under this section shall retain it pending the making

of a final order or decision not to make an order, as the case may be.

warrants and

seizure.

261.—(1) Where a Judge of the District Court is satisfied by information on

oath that there are reasonable grounds for suspecting—

(a) that an offence under section 258 has been, or is about to be,

committed in, on or at any premises or place, and

(b) that evidence that such an offence has been, or is about to be,

committed is in, on or at those premises or that place,

the court may issue a warrant authorising a member of the Garda Síochána,

accompanied by such other members of the Garda Síochána or other person or

persons as that member thinks proper, at any time or times within 28 days

from the date of the issue of the warrant, on production, where requested, of

that warrant, to enter and search the premises or place specified in the warrant

using reasonable force where necessary, and to do all or any of the following

acts—

(i) to seize any copies of any recordings, articles or devices in respect of

which he or she has reasonable grounds for suspecting that an

offence under section 258 has been or is about to be committed;

(ii) to make an inventory or prepare other evidence of infringement or

potential infringement of any right conferred by this Part;

(iii) to seize anything found there which he or she believes on reasonable

grounds may be required to be used in evidence in any proceedings

brought in respect of an offence under this Act;

(iv) to require any person found there to give his or her name and

address.

(2) A warrant issued under this section may authorise persons, including the

rightsowner or designated representative thereof, to accompany and assist any

member of the Garda Síochána in executing the warrant or in collating any

inventory or other evidence.

(3) A person who—

(a) obstructs or interferes with a person acting under the authority of a

warrant issued under this section,

(b) is found in, on or at the premises or place specified in the warrant by a

member of the Garda Síochána acting as aforesaid and who fails or

refuses to give the member his or her name and address when

required to do so or gives a name or address that is false or

misleading,

this section, or

(d) fails or refuses to give information to a member of the Garda

Síochána when required to do so under this section,

shall be guilty of an offence and shall be liable on summary conviction to a

fine not exceeding £1,500 class C fine139, or to imprisonment for a term not

exceeding 12 months, or both.

False

representation

of authority to

give consent.

262.—(1) It shall be an offence for a person to represent falsely that he or

she is authorised by any person to give consent for the purposes of this Part in

relation to a performance, unless he or she believes on reasonable grounds that

he or she is so authorised.

(2) A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding £1,500 class C fine140, or to imprisonment

for a term not exceeding 12 months, or both.

Period after

which remedy

of delivery up

is not

available.

263.—(1) Subject to subsection (2), an application for an order under

section 255 may not be made after the expiration of 6 years from the date on

which the illicit recording, article or device was made.

(2) Where, during the whole or any part of the period referred to in

subsection (1), a person entitled to apply for an order for delivery up—

(a) is under a disability, or

(b) is prevented by fraud or concealment from discovering the facts

entitling him or her to apply for an order,

an application under section 255 may be made at any time before the

expiration of 6 years from the date on which the applicant ceased to be under a

disability, or, as the case may be, could, with reasonable diligence, have

discovered those facts.

(3) An order for delivery up in criminal proceedings under section 260 shall

not, in any case, be made after the expiration of 6 years from the date on

which the proceedings under section 260 were initiated.

(4) Where in any proceedings for an order for delivery up under section 255

or 260 the date of the making of the illicit recording, article or device is put

into question by the defendant, the onus of proof shall be on the defendant that

the illicit recording, article or device was made more than 6 years before the

139 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 140 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

date on which an application for an order under section 255 was made or

proceedings under section 260 were initiated.

Order as to

disposal of

illicit

recording,

article or

device.

264.—(1) An application may be made to the appropriate court for an order

that an illicit recording, article or device—

(a) delivered up under section 255 or 260, or

(b) seized and detained under section 256 or 261,

shall be—

(i) forfeited to the rightsowner, or

(ii) destroyed or otherwise dealt with as the court may direct,

and the court may make such an order or such other order as it thinks fit.

(2) In considering what order, if any, should be made under subsection (1)

the court shall consider whether other remedies available in an action for

infringement of the rights conferred by this Part would be adequate to

compensate the person entitled to those rights and to protect his or her

interests.

(3) Provision shall be made by rules of court as to the service of notice on

persons having an interest in the recordings, articles or devices concerned, and

any such person may—

(a) appear in proceedings for an order under this section whether or not

he or she was served with notice, or

(b) appeal against any order made, whether or not he or she appeared in

the proceedings concerned.

(4) An order made under this section shall not take effect until the

expiration of the period within which notice of an appeal may be given or,

where before the expiration of that period notice of appeal is duly given, until

the final determination or abandonment of the proceedings on the appeal.

(5) Where there is more than one person interested in a recording, article or

device, the court shall make such order as it thinks fit and may direct the

recording, article or device to be sold or otherwise dealt with and any proceeds

divided in accordance with the direction of the court.

(6) Where the court decides that no order shall be made under this section,

the person who had the recording, article or device in his or her possession,

custody or control immediately before it was delivered up or seized shall be

entitled to its return.

(7) References in this section to a person having an interest in a recording,

article or device include any person in whose favour an order may be made

under this section in respect of the recording, article or device or under section

145 or under section 23 of the Trade Marks Act, 1996 .

Chapter 7

Licensing Schemes: Performers' Property Rights Licensing

Licensing

schemes and

licensing

bodies.

265.—(1) In this Part—

“licences” means licences to undertake or authorise the undertaking of any of

the acts restricted by a performer's property rights;

“licensing body” means a society or other organisation which has as its main

object, or one of its main objects, the negotiating or granting, either as owner

or prospective owner of a performer's property rights, or as exclusive licensee

or as agent for him or her, of performers' property rights licences, and whose

objects include the granting of licences relating to the performances of more

than one performer;

“licensing scheme” means a scheme specifying—

(a) the classes of case in which the operator of the scheme, or the person

on whose behalf that operator acts, is willing to grant performers'

property rights licences, and

(b) the terms on which licences would be granted in those classes of case,

and for this purpose a “scheme” includes anything in the nature of a scheme,

whether described as a scheme or as a tariff or by any other name.

(2) References in this Part to licences or licensing schemes relating to the

performances of more than one performer shall not include licences or

schemes relating to—

(a) performances recorded in a single recording, or

(b) performances recorded in more than one recording where—

(i) the performers giving the performances are the same, or

(ii) the recordings are made by, or by employees of or

commissioned by, a single individual, firm, company or group

of companies, including holding companies and their

subsidiaries.

References and Applications Relating to Licensing Schemes

General

references. 266.— Sections 267 to 272 apply to licensing schemes which are operated

by licensing bodies in relation to the performer's property rights of more than

one performer, in so far as they relate to licences for any of the acts restricted

by a performer's property rights under section 204 and 205.

Reference of

proposed

licensing

scheme to

Controller.

267.—(1) The terms of a licensing scheme proposed to be operated by a

licensing body may be referred to the Controller by an organisation which

claims to be representative of persons claiming that they require licences in

cases of a description to which the scheme would apply.

(2) The Controller shall not consider a reference by an organisation under

subsection (1) unless the Controller is satisfied that the organisation is

representative of the class of persons that it claims to represent.

(3) The Controller may refuse to consider a reference under subsection (1)

on the ground that the reference is premature.

(4) Where the Controller decides to consider a reference under subsection

(1) he or she shall consider the subject matter of the reference and make an

order, either confirming or varying the proposed scheme, as the Controller

may determine to be reasonable in the circumstances.

(5) An order under subsection (4) may be made for such period as the

Controller may determine.

Reference of

licensing

scheme to

Controller.

268.—(1) Where a licensing scheme is in operation and a dispute arises

with respect to the scheme between the operator of the scheme and—

(a) a person claiming that he or she requires a licence in a case of a

description to which the scheme applies, or

(b) an organisation claiming to be representative of such persons,

that operator, person or organisation may refer the scheme to the Controller in

so far as it relates to cases of that description.

(2) The Controller shall not consider a reference by an organisation under

subsection (1) unless the Controller is satisfied that the organisation is

representative of the class of persons that it claims to represent.

(3) A scheme which has been referred to the Controller under subsection (1)

shall remain in operation until proceedings in relation to the reference are

concluded.

(4) The Controller shall consider the matter referred to him or her and shall

make an order, confirming or varying the scheme, as the Controller may

determine to be reasonable in the circumstances.

(5) An order under subsection (4) may be made for such period as the

Controller may determine.

Further

reference of

scheme to

Controller.

269.—(1) Where the Controller has, in respect of a licensing scheme under

section 267 or 268 or under this section, made an order in respect of a scheme,

and the order remains in force, the persons to whom this section applies may

refer the scheme to the Controller in so far as it relates to cases of that

description.

(2) This section applies to—

(a) the operator of the scheme,

(b) a person claiming that he or she requires a licence in a case of the

description to which the order applies, and

paragraph (b).

(3) Where an order under section 267 or 268 or this section is in force the

licensing scheme in respect of which the order is made shall not, except with

the special leave of the Controller, be referred to the Controller in respect of

the same description of cases—

(a) within 12 months from the date of the order in respect of the previous

reference, or

(b) where the order was made so as to be in force for 15 months or less,

until the last 3 months before the expiration of the order.

(4) A scheme which has been referred to the Controller under subsection (1)

shall remain in operation until proceedings in relation to the reference are

concluded.

(5) The Controller shall consider the matter referred to him or her and shall

make an order, confirming, varying or further varying the scheme, as the

Controller may determine to be reasonable in the circumstances.

(6) An order under subsection (5) may be made for such period as the

Controller may determine.

Application for

grant of a

licence in

connection

with licensing

scheme.

270.—(1) A person who claims, in a case to which a licensing scheme

relates, that the operator of the scheme has refused to grant or to procure the

grant to him or her of a licence in accordance with the scheme, or has failed to

do so within a reasonable period, may apply to the Controller for an order

under subsection (4).

(2) A person who claims, in a case excluded from a licensing scheme, that

the operator of the scheme—

(a) has refused to grant or to procure the grant to him or her of a licence,

or has failed to do so within a reasonable period and that in the

circumstances it is unreasonable that a licence should not be

granted, or

(b) proposes terms for a licence that are unreasonable,

may apply to the Controller for an order under subsection (4).

(3) A case shall be regarded as being excluded from a licensing scheme for

the purposes of subsection (2) where—

(a) the scheme provides for the grant of licences, subject to terms

excepting matters from the licence and the case is within such an

exception, or

(b) the case is so similar to those in which licences are granted under the

scheme that it is unreasonable that it should not be dealt with in the

same way.

(4) Where the Controller is satisfied that a claim under this section is well-

founded, he or she shall make an order declaring that in respect of the matters

specified in the order, the applicant is entitled to a licence on such terms as the

Controller may determine to be applicable in accordance with the scheme, or,

as the case may be, to be reasonable in the circumstances.

(5) An order under subsection (4) may be made for such period as the

Controller may determine.

Review of

orders made

by Controller.

271.—(1) Where the Controller has made an order under section 270 that a

person is entitled to a licence under a licensing scheme, the operator of the

scheme or the original applicant may apply to the Controller for a review of

that order.

(2) An application under subsection (1) shall not be made except with the

special leave of the Controller—

(a) within 12 months from the date of the order or of the decision on a

previous application under this section, or

(b) where—

(i) the order was made so as to be in force for 15 months or less, or

(ii) as a result of the decision on a previous application under this

section the order is due to expire within 15 months of that

decision,

until the last 3 months before the expiration date.

(3) The Controller shall, on an application for review, confirm or vary his or

her order as the Controller may determine to be reasonable, having regard to

the terms applicable in accordance with the licensing scheme or, as the case

may be, the circumstances of the case.

Effect of order

of Controller

as to licensing

scheme.

272.—(1) A licensing scheme which has been confirmed or varied by the

Controller under section 267 , 268 or 269 shall be in operation or, as the case

may be, remain in operation, in so far as it relates to the description of case in

respect of which the order was made, for such period as the order remains in

force.

(2) Where an order made by the Controller under section 267 , 268 or 269

confirming or varying a licensing scheme is in force (in this section referred to

as “an order to which this section applies”), a person who, in a case of a class

to which the order applies—

(a) pays to the operator of the scheme any charges payable under the

scheme in respect of a licence applying to the case concerned or,

where the amount cannot be ascertained, gives an undertaking to

the operator to pay the charges when ascertained, and

(b) complies with the other terms applicable to the licence under the

scheme,

is in the same position as regards infringement of a performer's property rights

as if he or she had at all material times been the holder of a licence granted by

the rightsowner concerned in accordance with the scheme.

(3) The Controller may direct that an order to which this section applies, in

so far as it varies the amount of charges payable, has effect from a date before

that on which it was made, but not earlier than the date on which the reference

was made, or where later, the date on which the scheme came into operation.

(4) Where a direction is made under subsection (3)—

(a) any necessary repayments or further payments shall be made in

respect of charges already paid, and

(b) the reference in subsection (2)(a) to the charges payable under the

scheme shall be construed as a reference to the charges so payable

by virtue of the order.

(5) Where the Controller has made an order under section 270 and the order

remains in force, the person in whose favour the order is made, where he or

she—

(a) pays to the operator of the scheme any charges payable in accordance

with the order or, where the amount cannot be ascertained, gives an

undertaking to the operator to pay the charges when ascertained,

and

(b) complies with the other terms specified in the order,

is in the same position as regards infringement of a performer's property rights

as if he or she had at all material times been the holder of a licence granted by

the rightsowner concerned on the terms specified in the order.

References and Applications Relating to Licensing by Licensing Bodies

General

references by

licensing

bodies.

273.—Sections 274 to 277 apply to licences in relation to the performer's

property rights of more than one performer, granted by a licensing body

otherwise than pursuant to a licensing scheme, in so far as the licences relate

to any of the acts restricted by a performer's property rights under sections 204

and 205 .

Reference to

Controller of

proposed

licence

274.—(1) The terms on which a licensing body proposes to grant a licence

may be referred to the Controller by the prospective licensee for an order

under subsection (3).

(2) The Controller may refuse to consider a reference under subsection (1)

on the ground that the reference is premature.

(3) Where the Controller decides to consider a reference under subsection

(1), he or she shall consider the terms of the proposed licence and make an

order, confirming or varying the terms, as the Controller may determine to be

reasonable in the circumstances.

(4) An order under subsection (3) may be made for such period as the

Controller may determine.

Reference to

Controller of

expiring

licence.

275.—(1) A licensee under a licence which is due to expire with the

passage of time or as a result of notice given by the licensing body may apply

to the Controller on the ground that it is unreasonable in the circumstances that

the licence should cease to be in force.

(2) An application under subsection (1) may be made at any time during the

last 3 months before the expiration of the licence.

(3) A licence in respect of which a reference has been made to the

Controller under subsection (1) shall remain in force until proceedings in

relation to the reference are concluded.

(4) Where the Controller is satisfied that an application made under

subsection (1) is well-founded, he or she shall make an order declaring that the

licensee shall continue to be entitled to the benefit of the licence on such terms

as the Controller may determine to be reasonable in the circumstances.

(5) An order under subsection (4) may be made for such period as the

Controller may determine.

Application for

review of

order made by

Controller.

276.—(1) Where the Controller has made an order under section 274 or

275, the licensing body or the person entitled to the benefit of the order may

apply to the Controller for a review of that order.

(2) An application under subsection (1) shall not be made except with the

special leave of the Controller—

(a) within 12 months from the date of the order or of the decision on a

previous application under this section, or

(b) where—

(i) the order was made so as to be in force for 15 months or less, or

(ii) as a result of the decision on a previous application under this

section the order is due to expire within 15 months of that

decision,

until the last 3 months before the expiration date.

(3) The Controller shall, on an application for review, confirm or vary his or

her order as the Controller may determine to be reasonable in the

circumstances.

Effect of order

of Controller

as to licence.

277.—(1) Where the Controller has made an order under section 274 or 275

, and the order remains in force, the person entitled to the benefit of the order,

where he or she—

(a) pays to the licensing body any charges payable in accordance with the

order or, where the amount cannot be ascertained, gives an

undertaking to the operator to pay the charges when ascertained,

and

(b) complies with the other terms specified in the order,

is in the same position as regards infringement of a performer's property rights

as if he or she had at all material times been the holder of a licence granted by

the rightsowner concerned on the terms specified in the order.

(2) The benefit of an order made under section 274 or 275 may be

assigned—

(a) in the case of an order made under section 274 , where assignment is

not prohibited under the terms of the order of the Controller, and

(b) in the case of an order made under section 275 , where assignment

was not prohibited under the terms of the original licence.

(3) The Controller may direct that an order made under section 274 or 275

or an order made under section 276 varying such an order, in so far as it varies

the amount of charges payable, has effect from a date before that on which it

was made, but not earlier than the date on which the reference or application

was made or, where later, the date on which the licence was granted or, as the

case may be, was due to expire.

(4) Where a direction is given under subsection (3)—

(a) any necessary repayments or further payments shall be made in

respect of charges already paid, and

(b) the reference in subsection (1) (a) to the charges payable in

accordance with the order shall be construed, where the order is

varied by a further order, as a reference to the charges so payable

by virtue of that further order.

Licensing: Miscellaneous

General

considerations:

unreasonable

discrimination.

278.—(1) In determining what is reasonable, on a reference or application

under this Chapter relating to a licensing scheme or licence, the Controller

shall have regard to—

(a) the availability of other schemes, or the granting of other licences, to

other persons in similar circumstances, and

(b) the terms of those schemes or licences,

and shall exercise his or her powers so as to ensure that there is no

unreasonable discrimination between licensees, or prospective licensees, under

the scheme or licence to which the reference or application relates and

licensees under other schemes operated by, or other licences granted by, the

same person.

(2) Subsection (1) shall not affect the obligation of the Controller in any

case to have regard to all relevant circumstances.

Licences to

reflect

payments in

respect of

underlying

rights.

279.—Where a reference or application is made under this Chapter in

relation to licensing in respect of the performer's property rights in a

recording, the Controller shall take into account, in considering what charges

are to be paid for a licence, any payments which the owner of the performer's

property right is liable to make pursuant to the granting of the licence, or

pursuant to the acts authorised by the licence—

(a) to owners of the copyright in works included in the recording, or

(b) in respect of any performance included in the recording.

Chapter 8

Registration of Licensing Bodies in Respect of Performers' Property Rights

licensing bodies

for performers'

property rights.

280.—(1) The Controller shall establish and maintain a register of

licensing bodies in respect of performers' property rights in such form and

manner and containing such particulars as the Minister may prescribe to be

known as the “Register of Licensing Bodies for Performers' Property

Rights” and referred to in this Part as the “Register”.

(2) The Controller shall keep the Register in such form that the Register is

capable of being used to make a copy of any entry in the Register.

(3) The Register shall be kept at such place as may be prescribed by the

Minister and, subject to the payment of such fee as may be prescribed by the

Minister with the consent of the Minister for Finance—

(a) the Register shall be made available for inspection by a person at

such times and in such manner as may be prescribed by the

Minister, and

(b) where a request is made to the Controller for a certified or

uncertified copy of, or extract from, an entry in the Register, the

Controller shall issue a copy of the entry or extract to the

applicant.

(4) An application for registration or renewal of a registration of a

licensing body shall be made to the Controller in such form and manner as

may be prescribed by the Minister and shall be subject to the payment of

such fee as may be prescribed by the Minister with the consent of the

Minister for Finance.

(5) The Controller shall register an applicant or renew a registration where

the Controller is satisfied that—

(a) the applicant complies with the definition of a licensing body

specified in section 265 , and

(b) the applicant has provided such information and satisfied such

conditions as may be prescribed by the Minister for the purposes

of registration.

(6) The information to be prescribed by the Minister under subsection

(5)(b) shall include the following:

(a) the name of the applicant;

(b) the address of the applicant;

officers, or names of partners, as the case may be, of the

applicant;

(d) a copy of the memorandum and articles of association or partnership

agreement, of the applicant;

(e) details of the scheme;

(f) details of the scales of charges or proposed charges to be levied by

the applicant; and141

(g) the class of rightsowners represented or proposed to be represented

by the applicant;142

(h) in the case of a licensing body in relation to which any provisions of

the European Union (Collective Rights Management) (Directive

2014/26/EU) Regulations 2016 (referred to in this section as

“Regulations of 2016”) apply, a statement of compliance and

appropriate supporting evidence.143

(7) On the registration or renewal of a registration of a licensing body the

Controller shall issue to the applicant a certificate of registration in such

form as the Controller shall determine.

(7A) In this section and section 284—

“statement of compliance” means a document, in electronic form and

signed by a person authorised by the licensing body, stating that the

licensing body has complied, is complying and will comply with the

requirements imposed on it by the Regulations of 2016 to the extent

specified in the document;

“appropriate supporting evidence” means information supporting the

statements made in the statement of compliance.

141 Deleted by European Union (Collective Rights Management) Regulations 2016 142 Inserted by European Union (Collective Rights Management) Regulations 2016 143 Inserted by European Union (Collective Rights Management) Regulations 2016

(7B) The conditions referred to in subsection (5)(b) shall include, in the

case of a licensing body in relation to which any provisions of the

Regulations of 2016 apply—

(a) that the licensing body has provided such further information as the

Controller may require (in addition to that contained in the statement of

compliance and provided as part of the appropriate supporting evidence) for

ascertaining whether the licensing body has complied, is complying and will

comply with requirements imposed on it by the 2016 Regulations, and

(b) that the statement of compliance of the licensing body, together with

the appropriate supporting evidence and any further information provided by

the licensing body, satisfies the Controller that the licensing body has

complied, is complying and will comply with requirements imposed on it by

the 2016 Regulations.144

Proof that

licensing body

may act on

behalf of

specified classes.

281.—A certificate granted under section 280 (7) shall include the

particulars specified in subsection (6) of that section and the certificate shall

be evidence of the right of the licensing body, until the contrary is proved, to

act on behalf of the classes of rightsowners for whom it claims

representation rights or on behalf of the rightsowners who have assigned

rights to it, or exclusively licensed it, as specified in that certificate.

Notification of

charges. 282.—(1) A licensing body registered under this Part which proposes to

impose a charge, otherwise than in accordance with the scales of charges

included in an application for registration or for renewal of a registration,

shall provide the Controller in writing with details of the proposed charge

not less than one month before the charge comes into effect.

(2) The registration of a licensing body which fails to comply with

subsection (1) is deemed to be cancelled from the date on which the

proposed charge comes into effect.

Validity of

certificates of

registration.

283.—(1) A certificate of registration issued under section 280 (7) shall be

valid for a period of 12 months from the date of registration or such lesser

period as may be specified by the Controller in the certificate.

(2) Subject to section 280 (4), a licensing body registered under this Part

may apply for renewal of its registration for further periods each of which

shall not exceed 12 months.

(3) An application for renewal of a registration shall be made not less than

one month before the expiration of the period of validity of the certificate of

registration.

(4) A term of renewal of a registration shall take effect from the expiration

of the previous registration.

Refusal of

application. 284.—(1) The Controller may refuse an application for renewal of a

registration by a licensing body registered under this Part or cancel the

144 Inserted by European Union (Collective Rights Management) Regulations 2016

registration of a licensing body where the body no longer fulfils the

requirements specified in section 280 (5).

(1A) The power conferred on the Controller by subsection (1) may not be

exercised by reason of a failure by a licensing body to provide a statement of

compliance or appropriate supporting evidence—

(a) if—

(i) the licensing body has, before the expiration of the period of validity

of the certificate of registration, submitted to the Controller an application

for an extension of the time within which the statement of compliance or

appropriate supporting evidence is required to be provided, accompanied by

a satisfactory explanation for the application,

(ii) the Controller has granted an extension of 28 days from the expiration

of that period, and

(iii) the failure does not continue beyond the extension,

(b) unless the Controller has, after the time within which the statement of

compliance or appropriate supporting evidence is required to be provided,

issued a written notice requiring the person to provide a statement of

compliance or appropriate supporting evidence within a specified period and

the Controller is satisfied that the notice has not been complied with.145

(2) The Controller shall remove a licensing body from the Register where

its application for renewal of its registration is refused or its registration is

cancelled.

Indemnity for

Controller. 285.—No action or other proceedings shall lie or be maintainable against

the Controller (except in the case of wilful neglect of duty) in respect of

anything done or omitted to be done by him or her in the bona fide exercise

of any functions, powers or duties conferred or imposed by or under this

Chapter.

Obligation of

collecting

societies to

(performers'

property rights).

286.—(1) Any body operating as a licensing body within the meaning

specified in section 265 shall be obliged to register in accordance with the

provisions of this Chapter, and to remain registered for so long as it

continues to operate in this capacity.

(2) Any body to which the provisions of subsection (1) applies which—

(a) fails within 6 months of the commencement of this Chapter to

145 Inserted by European Union (Collective Rights Management) Regulations 2016

(b) fails within 2 months of its establishment in the case of a body

established after the commencement of this Chapter to register

under the terms of this Chapter, or

shall be guilty of an offence.

(3) A person guilty of an offence under subsection (2) shall be liable—

(a) on summary conviction, to a fine not exceeding £1,500 class C

fine146, or to imprisonment for a term not exceeding 12 months,

or both, or

(b) on conviction on indictment, to a fine not exceeding £100,000

€130,000147, or to imprisonment for a term not exceeding 5 years,

or both.

Chapter 9

Qualification: Performances

Definition of

qualifying

person.

287.—In this Part, and in Part IV—

“qualifying country” means—

(a) Ireland,

(b) another Member State of the EEA, or

designated under that section;

“qualifying individual” means a citizen or subject of, or an individual

domiciled or ordinarily resident in, a qualifying country; and

“qualifying person” means an Irish citizen, or an individual domiciled or

ordinarily resident in the State.

Qualifying

performance. 288.—A performance is a qualifying performance for the purposes of the

provisions of this Part and Part IV if it is given by a qualifying individual or

a qualifying person, or takes place in a qualifying country, territory, state or

area, in accordance with this Chapter.

Designation of

qualifying

countries.

289.—(1) The Government may be order designate as a qualifying

country enjoying protection under this Part and Part IV any country,

territory, state or area, as to which the government is satisfied that provision

has been or will be made under its law giving adequate protection for Irish

performances.

146 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 147 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(2) For the purposes of this section, an “Irish performance” means a

performance—

(a) given by an Irish citizen, or by an individual who is domiciled or

ordinarily resident in the State, or

(b) taking place in the State.

(3) Where the law of that country, territory, state or area provides

adequate protection only for certain descriptions of performance, an order

under subsection (1) designating that country, territory, state or area may

contain provision limiting to a corresponding extent the protection afforded

by this Part or Part IV in relation to performances connected with the

country, territory, state or area.

Territorial waters

and Continental

Shelf.

290.—For the purposes of this Part and Part IV—

(a) acts undertaken in, on, under or over—

(i) the waters in the portion of the sea which comprises the

territorial seas of the State,

(ii) the waters in all areas of the sea to which the internal or

inland waters of the State are extended by section 5 of the

Maritime Jurisdiction Act, 1959 section 86 of the Sea-Fisheries

and Maritime Jurisdiction Act 2006148, and

(iii) the waters in any area which is for the time being a

designated area within the meaning of section 1 of the

Continental Shelf Act, 1968 ,

and

(b) acts undertaken on an Irish ship, aircraft or hovercraft registered

under the laws of the State,

shall be deemed to have been undertaken in the State.

Chapter 10

Duration of Rights in Performances

Duration of

rights. 291.—The rights conferred by this Part shall expire 50 years from the end of

the calendar year in which—

(a) the performance takes place, or

(b) where within that period a recording of the performance is lawfully

made available to the public, that recording is first so lawfully made

available to the public.

148 Amended by the Sea-Fisheries and Maritime Jurisdiction Act 2006

Duration of

rights. 291.— The rights conferred by this Part shall expire 50 years after the date of the

performance.

(2) Notwithstanding subsection (1) -

(a) if a recording of the performance is lawfully made available to the

public within the period referred to in subsection (1), the rights shall expire 50

years from the date the recording is first so made available, and

(b)notwithstanding paragraph (a) but subject to subsection (3), if a sound

recording of the performance is lawfully made available to the public within

the period referred to in subsection (1), the rights shall expire 70 years from the

date the recording is first so made available.

(3) Subsection (2)(b) applies to a sound recording -

(a) in regard to which the rights of the performer and the producer would

still have been protected on 1 November 2013, had the European Union (Term

Regulations 2013 not come into operation on that date, or

(b) that is created on or after 1 November 2013.

(4) The terms provided for in subsections (1) and (2) shall be calculated

from the first day of January of the year following the event that gives rise to

them.149

Chapter 11

Performers' Property Rights

Performers'

property

rights.

292.—(1) The rights conferred on a performer by sections 204 , 205 , 206

and 207 are property rights and shall be known and in Parts III and IV referred

to as “performers' property rights”.

(2) Where different persons are (whether in consequence of a partial

assignment or otherwise) entitled to different aspects of a performer's property

rights in relation to a performance, the rightsowner for the purposes of Parts

III and IV is the person who is entitled to the aspect of those rights relevant for

those purposes.

(3) Where a performer's property rights (or any aspect of them) are owned

jointly by more than one person, references in this Part to the rightsowner shall

include references to all those owners, such that, in particular, any requirement

of the licence of the rightsowner requires the licence of all of them.

(4) References in Parts III and IV to the consent of a performer shall be

construed in relation to the performer's property rights as references to the

consent of the rightsowner.

149 Inserted by the European Union (Term of Protection of Copyright and Related Rights) (Directive

2011/77/EU) Regulations 2013)

Chapter 12

Transmission of Performers' Property Rights

Assignment

and licences. 293.—(1) A performer's property rights are transmissible by assignment, by

testamentary disposition or by operation of law, as personal or moveable

property.

(2) A transmission of a performer's property rights by assignment, by

testamentary disposition or by operation of law may be partial, so as to

apply—

(a) to one or more but not all of the acts a performer has the right to

authorise or prohibit, or

(b) to part but not the whole of the period for which the rights in the

performance are to subsist.

(3) An assignment of a performer's property rights, whether in whole or in

part, is not effective unless it is in writing and signed by or on behalf of the

assignor.

(4) A licence granted by the owner of a performer's property rights is

binding on every successor in title to his or her interest in the rights, except a

purchaser in good faith for valuable consideration and without notice (actual or

constructive) of the licence or a person deriving title from such a purchaser and

references in this Part to undertaking any act with or without the licence of the

rightsowner shall be construed accordingly.

(5) A licence granted by a prospective owner of a performer's property rights

is binding on every successor in title to his or her interest (or prospective

interest) in the rights, except a purchaser in good faith for valuable

consideration and without notice (actual or constructive) of the licence or a

person deriving title from such a purchaser, and references in this Part to

undertaking any act with or without the licence of the rightsowner shall be

construed accordingly.

Prospective

ownership of

performers'

property

rights.

294.—(1) Where, by an agreement made in relation to a performer's

property rights in respect of a future performance and signed by or on behalf of

the performer, the performer purports to assign his or her rights in such a

performance, whether in whole or in part, to another person, then where, on the

rights coming into existence, the assignee or his or her successor in title or

another person claiming under him or her would be entitled as against all other

persons to require the rights to be vested in him or her, the rights shall vest in

the assignee or his or her successor in title under this section or any other

person claiming under him or her.

(2) Where, at the time when any performer's property right comes into

existence, the person who, if he or she were then living, would be entitled to

the right is dead, the right shall devolve as if it had existed immediately before

his or her death and he or she had then been the owner of the right.

(3) The rights of an assignee in a future performance shall not be prejudiced

by the fact that the agreement referred to in subsection (1) was made before the

commencement of this section.

(4) In this Part—

“future performance” means any performance which will or may take place at

some date in the future;

“prospective owner”, in relation to a performer's property rights, includes a

person who is prospectively entitled to those rights by virtue of an agreement

referred to in subsection (1).

Exclusive

licences. 295.—(1) In this Part an “exclusive licence” means a licence in writing

which is signed by or on behalf of an owner or prospective owner of a

performer's property rights authorising the licensee, to the exclusion of all

other persons, including the person granting the licence, to exercise a right

which would otherwise be exercisable exclusively by the rightsowner and

references to an exclusive licensee shall be construed accordingly.

(2) An exclusive licensee has the same rights against a successor in title who

is bound by the licence as he or she has against the person granting the licence.

Performers'

property

rights to pass

under will

with certain

original

recordings.

296.—Where, under a bequest (whether specific or general), a person is

entitled, beneficially or otherwise, to any material thing containing an original

recording of a performance which had not been made available to the public

before the death of the testator, the bequest shall be construed as including any

performer's property rights in relation to the recording in so far as the testator

was the owner of the rights immediately before his or her death, unless a

contrary intention is indicated in the will of the testator or in a codicil to that

will.

Presumption

of transfer of

rental right in

case of film

production

agreement.

297.—(1) Without prejudice to the right of a performer to receive equitable

remuneration in respect of a rental right, where an agreement concerning film

production is concluded between a performer and a film producer, the

performer shall be presumed, unless the agreement provides to the contrary, to

have transferred to the film producer any rental right in relation to the film

arising by virtue of the inclusion of a recording of his or her performance in the

film.

(2) Where a presumption of transfer of the rental right arises by virtue of

subsection (1), the absence of a signature by or on behalf of the performer shall

not restrict the operation of section 293 or 294 .

(3) The reference in subsection (1) to an agreement concluded between a

performer and a film producer includes any agreement whether made by them

directly or through intermediaries.

(4) The right to equitable remuneration on the transfer of the rental right

applies where there is a presumed transfer under this section as in the case of

an actual transfer.

Right to

equitable

remuneration

where rental

right is

transferred.

298.—(1) Without prejudice to the generality of section 297 , where a

performer has transferred his or her rental right he or she retains the right to

equitable remuneration for the rental.

(2) The right to equitable remuneration conferred by this section shall not be

waived by the performer and the performer shall not assign the right to

equitable remuneration except to a collecting society for the purpose of

enabling the collecting society to exercise that right on his or her behalf.

(3) The right to equitable remuneration is transmissible by way of

testamentary disposition or by operation of law, as personal or moveable

property and it may be further transmitted, including by assignment, by any

person who legally acquires the right.

(4) Equitable remuneration under this section is payable by the person to

whom the rental right is transferred or any successor in title.

(5) Subject to section 299 , the amount payable by way of equitable

remuneration is that which has been agreed by or on behalf of the persons by

and to whom it is payable.

(6) An agreement is void in so far as it purports to exclude or restrict the

right to equitable remuneration conferred by this section.

(7) References in this Part to the transfer of the rental right by one person to

another include any arrangement having that effect whether made by them

directly or through intermediaries.

(8) In this section “collecting society” means a society or other organisation

which has as one of its main objects the exercise of the right to collect

equitable remuneration under this section on behalf of more than one

performer.

Equitable

remuneration:

reference of

determination

of amount to

Controller.

299.—(1) In default of agreement as to the amount of equitable

remuneration payable under section 298 , the person by or to whom it is

payable may apply to the Controller for an order under subsection (4).

(2) Subject to subsection (3), a person by or to whom equitable remuneration

is payable under section 298 may also apply to the Controller—

(a) to vary any agreement as to the amount payable, or

(b) to vary any previous determination of the Controller as to the amount

payable.

(3) An application may not be made under subsection (2) within 12 months

from the date of the previous determination except with the special leave of the

Controller.

(4) On an application being made under this section the Controller shall

consider the matter and make such order as to the method of calculating and

paying equitable remuneration as he or she may determine to be reasonable in

the circumstances, having regard to the importance of the contribution of the

performer.

(5) An order made under subsection (4) shall have effect from the date on

which it is made or such later date as may be specified by the Controller.

(6) Remuneration shall not be considered inequitable because it is paid by

way of a single payment or at the time of transfer of the rental right.

(7) An agreement is void in so far as it purports to prevent a person

challenging the amount of equitable remuneration or to restrict the powers of

the Controller under this section.

Termination

of assignment

agreement.

299A. -- (1) If, in relation to a sound recording of a performance -

(a) the performer has made an assignment agreement with the producer,

(b) a period of at least 50 years has elapsed after the sound recording was

first lawfully made available to the public,

sufficient quantities, or does not make it available to the public, by wire or

wireless means, in such a way that members of the public may access it from a

place and time chosen by them,

the performer may, in writing, notify the producer of the performer’s intention

to terminate the assignment agreement referred to in paragraph (a).

(2) If, not later than one year from the date of notification by the performer

of his or her intention to terminate the assignment agreement, the producer has

not offered copies of the sound recording for sale, or made it available to the

public, as described in subsection (1)(c), the performer may terminate the

assignment agreement by notice in writing to the producer.

(3) Upon the termination of the assignment agreement in accordance with

subsection (2), all rights of the producer in the sound recording shall expire

and the rights transferred or assigned to the producer by the performer under

the assignment agreement shall revert to the performer.

(4) An agreement is void in so far as it purports to exclude or restrict the

right to terminate an assignment agreement conferred by this section.

(5) Where the performance of more than one performer is captured in a

sound recording and more than one assignment agreement has been made in

relation to that sound recording, subsection (3) shall not take effect until the

last of the existing assignment agreements in relation to that sound recording

has been terminated in accordance with subsection (2).

(6) In this section and in sections 299B to 299E -

‘assignment agreement’ means an agreement between the performer and the

producer by which the performer transfers or assigns one or more of the

transmissible rights conferred on him or her by this Part to the producer;

‘producer’ means the person for the time being entitled to the copyright in the

sound recording.150

Annual

supplementary

remuneration.

299B. (1) If, in relation to a sound recording of a performance -

(a) the performer has made an assignment agreement that gives the

performer the right to claim a non-recurring remuneration, and

(b)the minimum period specified in section 299A(1)(b) has elapsed,

the performer shall have the right to obtain an annual supplementary

remuneration from the producer for each full year immediately following the

fiftieth year after the sound recording was first lawfully made available to the

public.

(2) The right of the performer to obtain an annual supplementary

remuneration in accordance with this section shall not be waived by the

performer and an agreement is void in so far as it purports to exclude or restrict

that right.

(3) The overall amount to be set aside, at least once a year, by a producer

for payment of annual supplementary remuneration pursuant to this section

shall correspond to 20% of the gross revenue that the producer has derived for

the preceding full year referred to in subsection (1).

(4) The right of a performer referred to in subsection (1) to obtain an

annual supplementary remuneration in accordance with this section shall be

administered by a collecting society on his or her behalf as follows:

(a) the producer shall pay the annual supplementary remuneration referred

to in subsection (1) to which the performer is entitled to a collecting society

within one month of its having been set aside;

(b) the collecting society shall then distribute the annual supplementary

remuneration referred to in paragraph (a) to the performer.

(5) For the purposes of this section, the producer or the former producer of

a sound recording shall, if requested by the performer in writing, inform the

performer in writing as soon as may be, and in any event not more than 40

days after receipt of the said request, of any information in the possession of

the producer or former producer that may be necessary for the performer in

order to secure payment of that remuneration.

150 Inserted by the European Union (Term of Protection of Copyright and Related Rights) (Directive

2011/77/EU) Regulations 2013)

(6) If the producer or the former producer fails to supply the information

specified in subsection (5) within the period specified in that subsection, the

performer may seek an injunction from the High Court requiring the producer

or former producer to provide the information.

(7) The ‘gross revenue’ referred to in subsection (3) means the revenue,

before deducting costs, derived by the producer from the exclusive rights of

distribution, reproduction and making available of the sound recording.151

Recurring

payments. 299C If, in relation to a sound recording of a performance -

(a) an assignment agreement gives the performer the right to claim

recurring payments, and

(b) the period specified in section 299A(1)(b) has elapsed,

neither advance payments nor any contractually defined deductions shall be

deducted from the payments made to the performer after the period referred to

in paragraph (b) has elapsed.152

Application of

sections 299A

to 299C.

299D. Sections 299A to 299C shall apply to assignment agreements in

relation to sound recordings -

(a) in regard to which the rights of the performer and the producer would

still have been protected on 1 November 2013, had the European Union (Term

Regulations 2013 not come into operation on that date, or

(b) that are created on or after 1 November 2013.153

Deemed

continuation

in force and

modification

of assignment

agreements.

299E. (1) Where an assignment agreement was made before 1 November

2013, it shall be deemed to continue in force, unless it clearly indicates

otherwise, until the expiration of the rights of the performer under this Act that

were transmitted pursuant to the assignment agreement, or until the assignment

agreement is terminated pursuant to section 299A.

(2) An assignment agreement that entitles a performer to recurring

payments and which was concluded before 1 November 2013 may be modified

for the benefit of the performer once the period specified in section 299A(1)(b)

has elapsed until the expiration of the rights of the performer under this Act

151 Inserted by the European Union (Term of Protection of Copyright and Related Rights) (Directive

2011/77/EU) Regulations 2013) 152 Inserted by the European Union (Term of Protection of Copyright and Related Rights) (Directive

2011/77/EU) Regulations 2013) 153 Inserted by the European Union (Term of Protection of Copyright and Related Rights) (Directive

2011/77/EU) Regulations 2013)

that were transmitted pursuant to the assignment agreement, or until the

assignment agreement is terminated pursuant to section 299A.154

Chapter 13

Transmission of Recording Rights and Performers' Non-Property Rights

Performers' non-

property rights. 300.—(1) The rights conferred on a performer by sections 203 , 209 and

212 are non-property rights and shall be known and in Parts III and IV

referred to as “performers' non-property rights”.

(2) A performer's non-property rights are not assignable or transmissible,

except to the extent provided for in subsection (3).

(3) On the death of a person entitled to a performer's non-property rights—

(a) the rights pass by testamentary disposition to such person as the

person entitled to the right may direct, and

(b) where there is no such direction, the right is exercisable by the

personal representatives of the person entitled to the right.

(4) References in Parts III and IV to the performer, in the context of the

person having any right referred to in subsection (1), shall be construed as

references to the person for the time being entitled to exercise those rights.

(5) Where, under subsection (3)(a), a right becomes exercisable by more

than one person, it is exercisable by each of them.

(6) Any damages recovered by personal representatives under this section

in respect of an infringement after a person's death shall devolve as part of

the person's estate as if the right of action had subsisted and been vested in

that person immediately before his or her death.

Transmissibility

of rights of

person having

recording rights.

301.—(1) The rights conferred by this Part on a person having recording

rights in relation to a performance are not assignable or transmissible.

(2) Subsection (1) shall not affect the operation of section 215 (2)(b) or

section 215 (3)(b) in so far as those provisions confer rights under this Part

on a person to whom the benefit of a contract or licence is assigned.

Consent. 302.—(1) For the purposes of this Part and Part IV, consent by a person

having a performer's non-property rights, or by a person having recording

rights, may be given in relation to a specific performance, a specified

description of performances or performances generally, and may relate to

past or future performances.

(2) A person having recording rights in relation to a performance shall be

bound by any consent given by a person through whom he or she derives his

154 Inserted by the European Union (Term of Protection of Copyright and Related Rights) (Directive

2011/77/EU) Regulations 2013)

or her rights under the exclusive recording contract or licence concerned, in

the same way as if the consent had been given by him or her.

(3) Where a performer's non-property right passes to another person, any

consent binding on the person previously entitled to the right binds the

person to whom the right passes in the same way as if the consent had been

given by him or her.

Chapter 14

Remedies: Owner of Performers' Property Rights

Infringement

actionable by

rightsowner.

303.—(1) An infringement of a performer's property rights is actionable by

the rightsowner.

(2) In an action for infringement of a performer's property rights under this

section all relief by way of damages, injunctions, account of profits or

otherwise is available to the plaintiff as it is available in respect of the

infringement of any other property right.

(3) Where, in an action for infringement of a performer's property rights,

the defendant does not admit that the plaintiff is owner of the performer's

property rights, the court may direct that evidence in relation to ownership of

the performer's property rights be given on affidavit and the court may decide

the issue on consideration of any affidavit presented to it unless it is satisfied

that any conflict of evidence between the affidavits may not be resolved other

than by hearing oral testimony in which case the court may order that oral

evidence may be adduced.

(4) Hearsay evidence may be accepted for the purposes of any hearing

under subsection (3).

Award of

damages in

infringement

action.

304.—(1) The court may, in an action for infringement of a performer's

property right award such damages as, having regard to all the circumstances

of the case, it considers just.

(2) Without prejudice to any other remedy, where, in an action for

infringement of a performer's property rights, it is shown that at the time of

the infringement the defendant did not know and had no reason to believe

that the rights subsisted in the recordings to which the action relates, the

plaintiff is not entitled to damages against the defendant.

(3) In exercising its powers under subsection (1) in addition to or as an

alternative to compensating the plaintiff for financial loss, the court may

award aggravated or exemplary damages or both aggravated and exemplary

damages.

Undertakings

concerning

licences of right.

305.—(1) Where, in proceedings for infringement of a performer's

property rights in respect of which a licence is available as of right, the

defendant undertakes to take a licence on such terms as may be agreed or, in

default of agreement, settled by the Controller—

(a) no injunction shall be granted against the defendant,

(b) no order for delivery up shall be made under section 255 , and

on an account of profits shall not exceed three times the amount

which would have been payable by the defendant as licensee

where a licence on those terms had been granted before the

earliest infringement.

(2) An undertaking under subsection (1) may be given at any time before

the final order in the proceedings without any admission of liability.

(3) Nothing in this section shall affect the remedies available in respect of

an infringement committed before a licence was available as of right.

Chapter 15

Rights and Remedies: Exclusive Licensee

Rights and

remedies of

exclusive

licensee.

306.—(1) An exclusive licensee has, except as against the owner of the

performer's property rights, the same rights and remedies in respect of

matters occurring after the grant of the licence as if the licence had been an

assignment.

(2) The rights and remedies of an exclusive licensee are concurrent with

those of the rightsowner and references in sections 255 , 256 , 303 , 304 and

305 to the rightsowner shall be construed accordingly.

(3) In proceedings brought by an exclusive licensee under this section a

defendant may avail of any defence which would have been available to the

defendant if the action had been brought by the rightsowner.

Exercise of

concurrent

rights.

307.—(1) Where an action for infringement of a performer's property

rights brought by the rightsowner or an exclusive licensee relates, whether in

whole or in part, to an infringement in respect of which they have concurrent

rights of action, the rightsowner or, as the case may be, the exclusive

licensee, may not, without the leave of the appropriate court, proceed with

the action unless the other is either joined as plaintiff or added as a

defendant.

(2) A rightsowner or exclusive licensee who is added as a defendant under

subsection (1) shall not be liable for any costs in an action unless he or she

takes part in the proceedings.

(3) Nothing in this section shall affect the granting of interlocutory relief

on an application by the rightsowner or exclusive licensee.

(4) Where an action for infringement of a performer's property rights is

brought which relates, whether in whole or in part, to an infringement in

respect of which the rightsowner and an exclusive licensee have or had

concurrent rights of action—

(a) in assessing damages the appropriate court shall have regard to—

(i) the terms of the licence, and

(ii) any pecuniary remedy already awarded or available to either

of them in respect of the infringement;

(b) no account of profits shall be directed where an award of damages

has been made, or an account of profits has been directed, in

favour of one of them in respect of the infringement; and

apportion the profits between them as the appropriate court thinks

fit, subject to any agreement between the rightsowner and the

exclusive licensee.

(5) Subsection (4) shall apply whether or not the rightsowner and the

exclusive licensee are both parties to the action.

(6) Before—

(a) applying for an order for delivery up under section 255 ,

(b) applying for an order to seize illicit recordings, articles or devices

under section 256 , or

the rightsowner shall notify any exclusive licensee having concurrent rights

and the appropriate court may, on the application of the licensee, make such

order for delivery up, seizure of illicit recordings, articles or devices or, as

the case may be, prohibiting or permitting the exercise by the rightsowner of

the right to seize and detain, as it thinks fit, having regard to the terms of the

licence between the rightsowner and the exclusive licensee.

Chapter 16

Remedies: Owner of Performers' Non-Property Rights and Person Having

Recording Rights

Infringement

actionable as a

breach of

statutory duty.

308.—(1) An infringement of—

(a) a performer's non-property rights, or

(b) any right conferred by this Part on a person having recording rights,

is actionable as a breach of statutory duty owed to the person entitled to the

right.

(2) A person may apply to the appropriate court for damages or other relief

in respect of an infringement of a right referred to in subsection (1).

PART IV

Performers' Moral Rights

Paternity right. 309.—(1) Subject to the exceptions specified in section 310 , a performer

shall, where practicable, have the right to be identified as the performer of his

or her performance.

(2) Where a performer uses a pseudonym, initials or other form of

identification that form shall be used to identify his or her performance.

(3) The right conferred by this section shall be known and in this Part

referred to as the “paternity right”.

Exceptions to

paternity right. 310.—(1) The paternity right shall not be infringed by anything done

under section 222 , 223 (2), 237 or 238 .

(2) The paternity right shall not apply in relation to a performance or a

recording of a performance made for the purpose of reporting current events.

Integrity right. 311.—(1) Subject to the exceptions specified in section 312 , a performer

shall have the right to object to any distortion, mutilation or other

modification of, or other derogatory action in relation to, his or her

performance or a recording thereof, which would prejudice his or her

reputation.

(2) The right conferred by this section shall be known and in this Part

referred to as the “integrity right”.

Exceptions to

integrity right. 312.—(1) Subject to subsection (2), the integrity right shall not apply in

relation to a performance or a recording of a performance made for the

purpose of reporting current events.

(2) The integrity right is not infringed by anything done for the purposes

of—

(a) avoiding any contravention of civil or criminal law,

(b) complying with a duty imposed by or under an enactment, or

service providers, avoiding the inclusion in a programme which is

broadcast or included in a cable programme service by those

broadcasters or providers, of anything which offends public

morality or which is likely to encourage or incite to crime or to

lead to public disorder.

(3) Subsection (2) shall not apply unless the performer is identified at the

time of the act concerned or has previously been identified in or on

recordings of the performance which have been lawfully made available to

the public and there is a sufficient disclaimer.

(4) In this Part “sufficient disclaimer”, in relation to an act capable of

infringing the integrity right, means a clear and reasonably prominent

indication given at the time of the act, or where the performer is then

identified, appearing along with the identification, that the recording has been

subjected to an action to which the performer has not consented.

Secondary

infringement of

integrity right:

possessing or

dealing.

313.—A person infringes the integrity right where he or she—

(a) sells, rents or lends, or offers or exposes for sale, rental or loan,

(b) imports into the State, otherwise than for his or her private and

domestic use,

possession, custody or control, or

(d) makes available to the public,

a recording of a performance which has, and which he or she knows or has

reason to believe has, been subjected to any distortion, mutilation or other

modification or other derogatory action within the meaning of section 311 .

False attribution

performances.

314.—(1) A person has the right not to have a performance falsely

attributed to him or her as performer.

(2) The right conferred by subsection (1) is infringed by a person where he

or she—

(a) sells, rents or lends, or offers or exposes for sale, rental or loan,

(b) imports into the State, otherwise than for his or her private and

domestic use,

possession, custody or control, or

(d) makes available to the public,

a recording of a performance, in or on which there is a false attribution,

knowing or having reason to believe that the attribution is false.

(3) The right conferred by subsection (1) is infringed by a person where he

or she—

(a) sells, rents or lends, or offers or exposes for sale, rental or loan,

(b) imports into the State, otherwise than for his or her private and

domestic use,

possession, custody or control, or

(d) makes available to the public,

a recording of a performance which has been altered as being a recording of

the unaltered performance, knowing or having reason to believe that the

recording has been altered.

(4) In this Part, “attribution”, in relation to a performance, means a

statement, express or implied, as to who is the performer.

Duration of

moral rights. 315.—The rights conferred by this Part shall expire 50 years from the end

of the calendar year in which—

(a) the performance takes place, or

(b) where within that period a recording of the performance is lawfully

made available to the public, that recording is first so lawfully

made available to the public.

Duration of

moral rights. 315.-- (1) The rights conferred by this Part shall expire 50 years after the

date of the performance.

(2) Notwithstanding subsection (1) -

(a) if a recording of the performance is lawfully made available to the

public within the period referred to in subsection (1), the rights shall expire

50 years from the date the recording is first so made available, and

(b) notwithstanding paragraph (a) but subject to subsection (3), if a sound

recording of the performance is lawfully made available to the public within

the period referred to in subsection (1), the rights shall expire 70 years from

the date the recording is first so made available.

(3) Subsection (2)(b) applies to a sound recording -

(a) in regard to which the rights of the performer and the producer would

still have been protected on 1 November 2013, had the European Union

(Term of Protection of Copyright and Certain Related Rights) (Directive

2011/77/EU) Regulations 2013 not come into operation on that date, or

(b)that is created on or after 1 November 2013.

(4) The terms provided for in subsections (1) and (2) shall be calculated

from the first day of January of the year following the event that gives rise to

them.155

Waiver of

rights. 316.—(1) Subject to subsection (3), any of the rights conferred by this Part

may be waived.

(2) A waiver made under this section shall be in writing and signed by the

person waiving the right.

(3) A waiver made under subsection (1)—

155 Amended by the European Union (Term of Protection of Copyright and Related Rights) (Directive

2011/77/EU) Regulations 2013)

(a) may relate to a specific performance or a recording thereof, to

performances or recordings thereof of a specified description or to

performances or recordings there of generally, and may relate to

existing or future performances or recordings thereof, and

(b) may be conditional or unconditional, and may be expressed to be

subject to revocation,

and where a waiver is made in favour of the owner or prospective owner of

the rights in the performance or recording thereof, or performances or

recordings thereof, to which it relates, that waiver shall be presumed to

extend to his or her licensees, successors in title or other persons, claiming

under them unless a contrary intention is expressed.

(4) Nothing in this Part shall be construed as excluding the operation of the

general law of contract or estoppel in relation to an informal waiver or other

transaction in relation to any of the rights referred to in subsection (1).

(5) It shall not be an infringement of any of the rights conferred by this

Part for a person to undertake any act where the person entitled to the right

conferred by this Part has consented to the use of those rights by that other

person.

Performers'

moral rights not

assignable or

alienable.

317.—The rights conferred by this Part shall be incapable of assignment or

alienation.

Transmission of

moral rights on

death.

318.—(1) On the death of a person entitled to the paternity right or the

integrity right—

(a) the right passes by testamentary disposition to such person as the

person entitled to the right may direct,

(b) where there is no direction as to whom the right passes but the

performer's property rights in the recording of the performance

concerned forms part of an estate, the right passes to the person to

whom the performer's property rights pass, and

exercisable by the personal representatives of the person entitled

to the right.

(2) Where a performer's property rights forming part of an estate pass in

part to one person and in part to another, so as to apply—

(a) to one or more, but not all, of the acts the rightsowner has the right

to authorise or prohibit, or

(b) to part, but not the whole, of the period for which the performer's

property rights are to subsist,

any right which passes with the performer's property rights by virtue of

subsection (1) is divided accordingly.

(3) Where, under subsection (1), a right becomes exercisable by more than

one person—

(a) it may, in the case of the paternity right, be exercised by any of

them,

(b) it is, in the case of the integrity right a right exercisable by each of

them, and

not affect the rights of the other persons.

(4) A consent or waiver binds any person to whom a right passes under

subsection (1).

(5) An infringement of the right conferred by section 316 in relation to a

false attribution of a performance after the death of a person is actionable by

the personal representatives of that person.

(6) Any damages recovered by personal representatives under this section

in respect of an infringement after a person's death shall devolve as part of

the person's estate as if the right of action had subsisted and been vested in

that person immediately before his or her death.

Remedies for

infringement of

moral rights.

319.—(1) An infringement of the rights conferred by section 309 , 311 or

314 is actionable as a breach of statutory duty owed to the person entitled to

the right concerned.

(2) A person may apply to the appropriate court for damages or other relief

in respect of an infringement of a right conferred by section 309 , 311 or 314.

(3) In proceedings for infringement of the right conferred by section 311 ,

the appropriate court may grant an injunction prohibiting any act unless a

sufficient disclaimer is made, on such terms and in such a manner as is

approved of by the court, dissociating the person entitled to the right from the

treatment of the performance or of a recording of the performance.

PART V

Databases

Chapter 1

Rights in Databases

Interpretation. 320.—(1) In this Part—

“extraction”, in relation to the contents of a database, means the permanent or

temporary transfer of all or a substantial part of the contents to another

medium by any means or in any form;

“insubstantial”, in relation to the contents of a database, shall be construed

subject to section 324 (3);

“investment” includes any investment, whether of financial, human or

technical resources and cognate words shall be construed accordingly;

“jointly”, in relation to the making of a database which is made jointly, shall

be construed as referring to all the makers of the database;

“lawful user”, in relation to a database, means any person who, whether

under a licence to undertake any of the acts restricted by any database right in

the database, or otherwise, has a right to use the database;

“re-utilisation”, in relation to the contents of a database, means making those

contents available to the public by any means;

“substantial”, in relation to the investment, extraction or re-utilisation, means

substantial in terms of quantity or quality or a combination of both.

(2) The making of a copy of a database available for use, on terms that it is

to be or may be returned after a limited period of time, otherwise than for

direct or indirect economic or commercial advantage, through an

establishment to which the public have access that is prescribed by the

Minister for the purpose of section 58 156, shall not be taken for the purposes

of this Part to constitute extraction or re-utilisation of the contents of the

database.

(3) Where the making of a copy of a database available through an

establishment to which members of the public have access and that is

prescribed by the Minister for the purpose of section 58 157gives rise to a

payment the amount of which does not exceed that which is necessary to

cover the operating costs of the establishment there is no direct or indirect

economic or commercial advantage for the purposes of subsection (2).

(4) Subsection (2) shall not apply to the making of a copy of a database

available for on the spot reference use.

(5) Where a copy of a database has been sold within the Member States of

the EEA by, or with the consent of, the owner of the database right in the

database, the further sale within the Member States of the EEA of that copy

for the purposes of this Part shall not be taken to constitute extraction or re-

utilisation of the contents of the database.

Chapter 2

Subsistence of Database Right

Database right. 321.—(1) A property right to be known and in this Part referred to as the

“database right” subsists, in accordance with this Part, in a database where

156 Deleted by the Copyright and Related Rights (Amendment) Act 2007 157 Deleted by the Copyright and Related Rights (Amendment) Act 2007

there has been a substantial investment in obtaining, verifying or presenting

the contents of the database.

(2) Subject to this Act, the owner of the database right may undertake or

authorise others to undertake certain acts in the State in relation to the

database, being acts which are designated by this Act as acts restricted by the

database right.

(3) For the purposes of this section it is immaterial whether or not the

database or any of its contents is a copyright work.

(4) The database right shall not subsist in a database unless the

requirements specified in this Part with respect to qualification are complied

with.

Chapter 3

Maker and Ownership: Databases

Maker of

database. 322.—(1) Subject to the provisions of this section, the person who takes

the initiative in obtaining, verifying or presenting the contents of a database

and assumes the risk of investing in that obtaining, verification or

presentation shall be regarded as the maker of, and as having made, the

database.

(2) Where a database is made by an employee in the course of

employment, his or her employer shall be regarded as the maker of the

database, subject to any agreement to the contrary.

(3) Subject to subsection (4), where a database is made by an officer or

employee of the Government in the course of his or her duties, the

Government shall be regarded as the maker of the database.

(4) Where a database is made by or under the direction or control of either

or both of the Houses of the Oireachtas—

(a) the House by whom, or under whose direction or control, the

database is made shall be regarded as the maker of the database,

and

(b) where the database is made by or under the direction or control of

both Houses, both Houses shall be regarded as the joint makers of

the database.

(5) For the purposes of this Part, a database is made jointly where two or

more persons acting together in collaboration take the initiative in obtaining,

verifying or presenting the contents of the database and assume the risk of

investing in that obtaining, verification or presentation.

(6) Where a database is made by an organisation prescribed by the

Minister under section 196 (2), or by an officer or employee of such an

organisation in the course of his or her duties, that organisation shall be

regarded as the maker of the database.

(7) Where the database right is conferred on a person by an enactment that

person shall be regarded as the maker of the database.

First ownership

of database

right.

323.—The maker of a database shall be the first owner of the database

right in the database.

Chapter 4

Restricted Acts: Databases

Acts restricted

by database

right.

324.—(1) Subject to the exceptions specified in Chapter 8 of this Part and

to the provisions relating to licensing in Chapter 11 of this Part, the owner of

the database right has the right to undertake or to authorise others to

undertake all or any of the following acts in relation to all or a substantial

part of the contents of a database—

(a) extraction, or

(b) re-utilisation,

and those acts shall be known and in this Part referred to as “acts restricted

by the database right”.

(2) The database right is infringed by a person who, without the licence of

the owner of the database right, undertakes, or authorises another to

undertake, either of the acts restricted by the database right.

(3) For the purposes of this Part, the repeated and systematic extraction or

re-utilisation of insubstantial parts of the contents of a database which

conflicts with the normal exploitation of the database or which prejudices the

interests of the maker of the database shall be deemed to be extraction or re-

utilisation of a substantial part of those contents.

Chapter 5

Duration of Database Right

Term of

protection of

database right.

325.—(1) The database right shall expire 15 years from the end of the

calendar year in which the making of the database was completed.

(2) Where a database is lawfully re-utilised before the expiration of the

period referred to in subsection (1), the database right in the database shall

expire 15 years from the end of the calendar year in which the database was

first so re-utilised.

(3) Any substantial change to the contents of a database, including a

substantial change resulting from the accumulation of successive additions,

deletions or alterations, which would result in the database being considered

to be a substantial new investment shall qualify the database resulting from

that investment for its own terms of protection under this section.

(4) This section applies notwithstanding paragraph 45 of the First

Schedule.

Chapter 6

Qualification: Databases

Qualification for

database right. 326.—(1) Subject to Chapter 2 of this Part, the database right shall subsist

in a database where, at the material time, its maker or, where it was made

jointly, one or more of its makers, is—

(a) a citizen or subject of, or other individual domiciled or ordinarily

resident in, a Member State of the EEA,

(b) a body incorporated under the law of a Member State of the EEA

and which at the material time satisfied one of the conditions

specified in subsection (3), or

Member State of the EEA and which at the material time satisfied

the condition specified in subsection (3)(a).

(2) The database right shall subsist in a database the maker of which is

deemed to be the Government, or either or both of the Houses of the

Oireachtas, or a prescribed international organisation, in accordance with

section 322 .

(3) The conditions referred to in paragraphs (b) and (c) of subsection (1)

are—

(a) that the body has its principal place of business or operations within

a Member State of the EEA,

(b) that the body has its registered office within a Member State of the

EEA and operates in a Member State of the EEA, and

(4) The Government may by order extend the provisions of this section to

countries, territories, states or areas outside the Member States of the EEA,

where the order is made pursuant to or in conformity with an agreement of

the Council of the European Communities allowing such an extension of

protection on the basis that comparable protection of databases is available

under the law of those countries, territories, states or areas.

(5) For the purposes of this section, the material time in relation to a

database shall be—

(a) in the case of a database which has not been lawfully re-utilised

when the database was made or, where the making of the database

extended over a period, a substantial part of that period, or

(b) in the case of a database which has been lawfully re-utilised when

the database was first lawfully re-utilised or, where the maker had

died before that time, immediately before his or her death.

Chapter 7

Rights and Obligations of Lawful Users

Avoidance of

certain terms

affecting lawful

users.

327.—(1) Without prejudice to section 324 (3), a lawful user of a database

shall be entitled to extract or re-utilise insubstantial parts of the contents of

the database for any purpose.

(2) Where, under an agreement, a person has a right to use a database, any

term or condition in the agreement shall be void in so far as it purports to

prevent that person from extracting or re-utilising insubstantial parts of the

contents of the database for any purpose.

(3) While exercising the entitlement conferred by subsection (1), a lawful

user of a database shall not prejudice the owner of any right conferred by this

Act in respect of works or other subject matter contained in the database.

Chapter 8

Acts Permitted in Respect of Database Right

Exemptions in

respect of

databases.

328.—In this Part an act may be exempted under more than one category

of exemption and the exemption of an act under one category of exemption

shall not preclude its exemption under another category.

Fair dealing:

research or

private study.

329.—(1) The database right in a non-electronic database which has been

re-utilised is not infringed by fair dealing with a substantial part of its

contents by a lawful user of the database where that part is extracted for the

purposes of research education, research158 or private study.

(2) For the purposes of this Part “fair dealing” means the extraction of the

contents of a database by a lawful user to an extent which will not

unreasonably prejudice the interests of the rightsowner.

Education

Exception for

educational

establishments.

330.—(1) The database right in a database is not infringed by fair dealing

with a substantial part of its contents by a lawful user of the database where

that part is extracted for the purposes of illustration in the course of

instruction or of preparation for instruction education or of preparation for

education159 and where—

(a) the extraction is done by or on behalf of a person giving or receiving

instruction education,160 and

(b) the source is indicated.

(2) For the purposes of this section “lawful user” includes an educational

establishment.

158 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 159 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 160 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

Public Administration

Parliamentary or

judicial

proceedings.

331.—The database right in a database is not infringed by anything done

for the purposes of parliamentary or judicial proceedings or for the purpose

of reporting those proceedings.

Statutory

inquiries. 332.—(1) The database right in a database is not infringed by anything

done for the purposes of a statutory inquiry or for the purpose of reporting

any such inquiry.

(2) The database right in a database is not infringed by the making

available of copies of a report of a statutory inquiry containing the contents

of the database.

Copying of

material in

public records.

333.—All or a substantial part of the contents of a database which are

comprised in records which are open to public inspection may be extracted or

re-utilised without infringing the database right in the database.

Material open to

public

inspection or on

statutory

334.—(1) Without prejudice to the generality of section 333 , where the

contents of a database are open to public inspection pursuant to a statutory

requirement, or are on a statutory register, the database right in the database

is not infringed by the extraction of all or a substantial part of the contents,

for a purpose which does not involve re-utilisation of all or a substantial part

of the contents as contains factual information of any description, by or with

the authority of the person required to make the contents of the database open

to public inspection or, as the case may be, the person maintaining the

(2) Where the contents of a database are open to public inspection pursuant

to a statutory requirement, or are on a statutory register, the database right in

the database is not infringed by the extraction or re-utilisation of all or a

substantial part of the contents for the purpose of enabling the contents of the

database to be inspected at another time or place, or otherwise facilitating the

exercise of any right for the purpose of which the requirement is imposed, by

or with the authority of the person required to make the contents of the

database open to public inspection or, as the case may be, the person

maintaining the register.

(3) Where all or a substantial part of the contents of a database are re-

utilised under this section the person granting access to the contents of the

database shall ensure that those contents bear a mark clearly indicating that

they are provided for the purpose of inspection and that no other use of the

contents of the database may be made without the licence of the owner of the

database right.

(4) All or a substantial part of the contents of a database may not be

provided under this section unless the person granting access to the contents

of the database has first obtained from the person requesting the contents of

the database a declaration, in such form as may be prescribed, indicating that

the contents of the database are required for the sole purpose of enabling the

contents of the database to be inspected at another time or place or to

otherwise facilitate the exercise of the right of public inspection.

(5) Where the contents of a database which are open to public inspection

pursuant to a statutory requirement, or are on a statutory register, contain

information about matters of general, scientific, technical, commercial or

economic interest, the database right in the database is not infringed by the

extraction or re-utilisation of all or a substantial part of the contents for the

purpose of disseminating that information, by or with the authority of the

person required to make the contents of the database open to public

inspection or, as the case may be, the person maintaining the register.

(6) The Minister may prescribe the conditions which are to be complied

with before the contents of a database are made available to the public.

(7) The Minister may by order provide that subsections (1) to (5) apply—

(a) to the contents of a database made open to public inspection by—

(i) an international organisation specified in the order, or

(ii) a person specified in the order who has functions in the State

under an international agreement to which the State is a party,

(b) to a register maintained by an international organisation specified in

the order,

as they apply in relation to the contents of a database open to public

inspection pursuant to a statutory requirement, or on a statutory register.

Databases

communicated

to Government

or Oireachtas.

335.—(1) Where the contents of a database have been communicated to

the Government or either or both of the Houses of the Oireachtas for any

purpose, by or with the licence of the owner of the database right, and any

fixation or any thing containing the contents of the database is owned by, or

is in the custody, possession or control of the Government or either or both of

the Houses of the Oireachtas, the Government or either or both of the Houses

of the Oireachtas may extract or re-utilise all or a substantial part of the

contents, for the purpose for which the contents of the database were

communicated to them, or for any related purpose which could reasonably

have been anticipated by the owner of the database right, without infringing

the database right in the database.

(2) The Government or either or both of the Houses of the Oireachtas shall

not re-utilise all or a substantial part of the contents of a database or cause the

contents to be extracted or re-utilised, by virtue of this section, where the

contents have previously been lawfully re-utilised otherwise than under this

section.

Acts done under

statutory

authority.

336.—(1) Where the undertaking of a particular act is specifically

authorised by an enactment then, unless the enactment provides otherwise,

the undertaking of that act shall not infringe the database right in a database.

(2) Nothing in this section shall be construed as excluding any defence

available under any enactment.

Anonymous or Pseudonymous Database

Anonymous or

pseudonymous

databases: acts

permitted.

337.—(1) The database right in a database is not infringed by the

extraction or re-utilisation of all or a substantial part of the contents of the

database when, or pursuant to arrangements made when—

(a) it is not possible by reasonable inquiry to ascertain the identity of the

maker of the database, and

(b) it is reasonable to assume that the database right has expired.

(2) In the case of a database made jointly, the reference in subsection (1),

to the possibility of ascertaining the identity of the maker of the database

shall be construed as a reference to its being possible to ascertain the identity

of any of its makers.

Chapter 9

Application of Copyright Provisions to Database Right

Application of

provisions to

database right.

338.—Sections 120 , 121 , 122 , 123 , 127 , 128 , 130 , 131 , 132 , 133 ,

135 and 136 shall apply in relation to the database right and databases in

which that right subsists as they apply in relation to copyright and copyright

works.

Chapter 10

Presumptions

Presumptions

relevant to

database right.

339.—(1) The presumptions specified in this section shall apply in

proceedings, whether civil or criminal, for infringement of the database right

in any database.

(2) (a) The database right shall be presumed to subsist in a database

unless the contrary is proved.

(b) Except as otherwise provided in this section, where the

subsistence of the database right in a database is proved or

admitted, or is presumed under paragraph (a), the plaintiff shall

be presumed to be the owner or, as the case may be, the exclusive

license of the database right, unless the contrary is proved.

(3) Where—

(a) a name purporting to be that of the maker of a database or of the

owner or exclusive licensee of the database right, as the case may

be, appears on copies of the database, or

(b) a copy of a database bears or incorporates a statement, label or other

mark indicating that a person is the maker of the database or the

owner or exclusive licensee of the database right, as the case may

be,

that name, statement, label or mark shall be admissible as evidence of the

fact stated or indicated which shall be presumed to be correct, unless the

contrary is proved.

(4) The person named or in respect of whom a statement, label or other

mark appears on or is borne on or is incorporated in copies of a database in

accordance with subsection (3) shall be presumed not to have made the

database—

(a) in the course of employment referred to in section 322 (2),

(b) in the course of employment as an officer or employee of a

prescribed international organisation referred to in section 322

(6),

Government referred to in section 322 (3),

(d) under the direction or control of either or both of the Houses of the

Oireachtas referred to in section 322 (4), or

(e) in circumstances in which the database right is conferred on another

person by an enactment referred to in section 322 (7).

(5) Where a database purports to be a database made jointly, subsections

(2), (3) and (4) shall apply in relation to each person purporting to be one of

the makers of the database.

Chapter 11

Database Right: Licensing

Licensing

schemes and

licensing

bodies.

340.—(1) In this Part—

“licences” means licences to extract or re-utilise all or a substantial part of

the contents of a database or to authorise others to do so;

“licensing body” means a society or other organisation which has as its main

object, or one of its main objects, the negotiating or granting, either as owner

or prospective owner of a database right, or as exclusive licensee, or as agent

for him or her, of database right licences, and whose objects include the

granting of licences relating to the databases of more than one database right

owner;

“licensing scheme” means a scheme specifying—

(a) the classes of case in which the operator of the scheme, or the person

on whose behalf that operator acts, is willing to grant database

right licences, and

(b) the terms on which licences would be granted in those classes of

case,

and for this purpose a “scheme” includes anything in the nature of a scheme,

whether described as a scheme or as a tariff or by any other name.

(2) References in this Part to licences or licensing schemes relating to

databases of more than one database right owner shall not include licences or

schemes relating to databases made by, or by employees of, or commissioned

by, a single individual, firm, company or group of companies, including

holding companies and their subsidiaries.

References and Applications Relating to Licensing Schemes

General

references. 341.—Sections 342 to 347 apply to licensing schemes which are operated

by licensing bodies in relation to the database right in databases of more than

one database right owner, in so far as they relate to licences for the extraction

or re-utilisation of all or a substantial part of the contents of a database.

Reference of

proposed

licensing

scheme to

Controller.

342.—(1) The terms of a licensing scheme proposed to be operated by a

licensing body may be referred to the Controller by an organisation which

claims to be representative of persons claiming that they require licences in

cases of a description to which the scheme would apply.

(2) The Controller shall not consider a reference by an organisation under

subsection (1) unless the Controller is satisfied that the organisation is

representative of the class of persons that it claims to represent.

(3) The Controller may refuse to consider a reference under subsection (1)

on the ground that the reference is premature.

(4) Where the Controller decides to consider a reference under subsection

(1) he or she shall consider the subject matter of the reference and make an

order, either confirming or varying the proposed scheme, as the Controller

may determine to be reasonable in the circumstances.

(5) An order under subsection (4) may be made for such period as the

Controller may determine.

Reference of

licensing

scheme to

Controller.

343.—(1) Where a licensing scheme is in operation and a dispute arises

with respect to the scheme between the operator of the scheme and—

(a) a person claiming that he or she requires a licence in a case of a

description to which the scheme applies, or

(b) an organisation claiming to be representative of such persons,

that operator, person or organisation may refer the scheme to the Controller

in so far as it relates to cases of that description.

(2) The Controller shall not consider a reference by an organisation under

subsection (1) unless the Controller is satisfied that the organisation is

representative of the class of persons that it claims to represent.

(3) A scheme which has been referred to the Controller under subsection

(1) shall remain in operation until proceedings in relation to the reference are

concluded.

(4) The Controller shall consider the matter referred to him or her and shall

make an order, confirming or varying the scheme, as the Controller may

determine to be reasonable in the circumstances.

(5) An order under subsection (4) may be made for such period as the

Controller may determine.

Further

reference of

scheme to

Controller.

344.—(1) Where the Controller has, in respect of a licensing scheme under

section 342 or 343 or under this section, made an order in respect of a

scheme, and the order remains in force, the persons to whom this section

applies may refer the scheme to the Controller in so far as it relates to cases

of that description.

(2) This section applies to—

(a) the operator of the scheme,

(b) a person claiming that he or she requires a licence in a case of the

description to which the order applies, and

(3) Where an order made under section 342 or 343 or this section is in

force the licensing scheme in respect of which the order is made shall not,

except with the special leave of the Controller, be referred to the Controller

in respect of the same description of cases—

(a) within 12 months from the date of the order in respect of the

previous reference, or

(b) where the order was made so as to be in force for 15 months or less,

until the last 3 months before the expiration of the order.

(4) A scheme which has been referred to the Controller under subsection

(1) shall remain in operation until proceedings in relation to the reference are

concluded.

(5) The Controller shall consider the matter referred to him or her and shall

make an order confirming, varying or further varying the scheme, as the

Controller may determine to be reasonable in the circumstances.

(6) An order under subsection (5) may be made for such period as the

Controller may determine.

Application for

grant of licence

in connection

with licensing

scheme.

345.—(1) A person who claims, in a case to which a licensing scheme

relates, that the operator of the scheme has refused to grant or to procure the

grant to him or her of a licence in accordance with the scheme, or has failed

to do so within a reasonable period, may apply to the Controller for an order

under subsection (4).

(2) A person who claims, in case excluded from a licensing scheme, that

the operator of the scheme—

(a) has refused to grant or to procure the grant to him or her of a licence,

or has failed to do so within a reasonable period and that in the

circumstances it is unreasonable that a licence should not be

granted, or

(b) proposes terms for a licence that are unreasonable,

may apply to the Controller for an order under subsection (4).

(3) A case shall be regarded as being excluded from a licensing scheme for

the purposes of subsection (2) where—

(a) the scheme provides for the grant of licences, subject to terms

excepting matters from the licence and the case is within such an

exception, or

(b) the case is so similar to those in which licences are granted under the

scheme that it is unreasonable that it should not be dealt with in

the same way.

(4) Where the Controller is satisfied that a claim under this section is well-

founded, he or she shall make an order declaring that in respect of the matters

specified in the order, the applicant is entitled to a licence on such terms as

the Controller may determine to be applicable in accordance with the

scheme, or, as the case may be, to be reasonable in the circumstances.

(5) An order under subsection (4) may be made for such period as the

Controller may determine.

Review of

orders made by

Controller.

346.—(1) Where the Controller has made an order under section 345 that a

person is entitled to a licence under a licensing scheme, the operator of the

scheme or the original applicant may apply to the Controller for a review of

that order.

(2) An application under subsection (1) shall not be made except with the

special leave of the Controller—

(a) within 12 months from the date of the order or of the decision on a

previous application under this section, or

(b) where—

(i) the order was made so as to be in force for 15 months or less,

(ii) as a result of the decision on a previous application under this

section the order is due to expire within 15 months of that

decision,

until the last 3 months before the expiration date.

(3) The Controller shall, on an application for review, confirm or vary his

or her order as the Controller may determine to be reasonable, having regard

to the terms applicable in accordance with the licensing scheme, or as the

case may be, the circumstances of the case.

Effect of order

of Controller as

to licensing

scheme.

347.—(1) A licensing scheme which has been confirmed or varied by the

Controller under section 342 , 343 or 344 shall be in operation, or as the case

may be, remain in operation, in so far as it relates to the description of case in

respect of which the order was made, for such period as the order remains in

force.

(2) Where an order made by the Controller under section 342 , 343 or 344

confirming or varying a licensing scheme is in force (in this section referred

to as an “order to which this section applies”), a person who, in a case of a

class to which the order applies—

(a) pays to the operator of the scheme any charges payable under the

scheme in respect of a licence applying to the case concerned or,

where the amount cannot be ascertained, gives an undertaking to

the operator to pay the charges when ascertained, and

(b) complies with the other terms applicable to the licence under the

scheme,

is in the same position as regards infringement of the database right as if he

or she had at all material times been the holder of a licence granted by the

owner of the database right concerned in accordance with the scheme.

(3) The Controller may direct that an order to which this section applies, in

so far as it varies the amount of charges payable, has effect from a date

before that on which it was made, but not earlier than the date on which the

reference was made, or where later, the date on which the scheme came into

operation.

(4) Where a direction is made under subsection (3)—

(a) any necessary repayments or further payments shall be made in

respect of charges already paid, and

(b) the reference in subsection (2)(a) to the charges payable under the

scheme shall be construed as a reference to the charges so payable

by virtue of the order.

(5) Where the Controller has made an order under section 345 and the

order remains in force, the person in whose favour the order is made, where

he or she—

(a) pays to the operator of the scheme any charges payable in

accordance with the order, or where the amount cannot be

ascertained, gives an undertaking to the operator to pay the

charges when ascertained, and

(b) complies with the other terms specified in the order,

is in the same position as regards infringement of the database right as if he

or she had at all material times been the holder of a licence granted by the

owner of the database right concerned on the terms specified in the order.

References and Applications Relating to Licensing by Licensing Bodies

General

reference by

licensing

bodies.

348.—Sections 349 to 352 apply to licences in relation to the database

right in databases of more than one database right owner, granted by a

licensing body otherwise than pursuant to a licensing scheme, in so far as the

licences relate to the extraction or re-utilisation of all or a substantial part of

the contents of a database.

Reference to

Controller of

proposed

licence.

349.—(1) The terms on which a licensing body proposes to grant a licence

may be referred to the Controller by the prospective licensee for an order

under subsection (3).

(2) The Controller may refuse to consider a reference under subsection (1)

on the ground that the reference is premature.

(3) Where the Controller decides to consider a reference under subsection

(1), he or she shall consider the terms of the proposed licence and make an

order, confirming or varying the terms, as the Controller may determine to be

reasonable in the circumstances.

(4) An order under subsection (3) may be made for such period as the

Controller may determine.

Reference to

Controller of

expiring licence.

350.—(1) A licensee under a licence which is due to expire, with the

passage of time or as a result of notice given by the licensing body, may

apply to the Controller on the ground that it is unreasonable in the

circumstances that the licence should cease to be in force.

(2) An application under subsection (1) may be made at any time during

the last 3 months before the expiration of the licence.

(3) A licence in respect of which a reference has been made to the

Controller under subsection (1) shall remain in force until proceedings in

relation to the reference are concluded.

(4) Where the Controller is satisfied that an application made under

subsection (1) is well-founded, he or she shall make an order declaring that

the licensee shall continue to be entitled to the benefit of the licence on such

terms as the Controller may determine to be reasonable in the circumstances.

(5) An order under subsection (4) may be made for such period as the

Controller may determine.

Application for

review of order

made by

Controller.

351.—(1) Where the Controller has made an order under section 349 or

350 , the licensing body or the person entitled to the benefit of the order may

apply to the Controller for a review of that order.

(2) An application under subsection (1) shall not be made except with the

special leave of the Controller—

(a) within 12 months from the date of the order or of the decision on a

previous application under this section, or

(b) where—

(i) the order was made so as to be in force for 15 months or less,

(ii) as a result of the decision on a previous application under this

section the order is due to expire within 15 months of that

decision,

until the last 3 months before the expiration date.

(3) The Controller shall, on an application for review, confirm or vary his

or her order as the Controller may determine to be reasonable in the

circumstances.

Effect of order

of Controller as

to licence.

352.—(1) Where the Controller has made an order under section 349 or

350 , and the order remains in force, the person entitled to the benefit of the

order, where he or she—

(a) pays to the licensing body any charges payable in accordance with

the order or, where the amount cannot be ascertained, gives an

undertaking to the Controller to pay the charges when ascertained,

and

(b) complies with the other terms specified in the order.

is in the same position as regards infringement of the database right as if he

or she had at all material times been the holder of a licence granted by the

owner of the database right concerned on the terms specified in the order.

(2) The benefit of an order made under section 349 or 350 may be

assigned—

(a) in the case of an order made under section 349 , where assignment is

not prohibited under the terms of the order of the Controller, and

(b) in the case of an order made under section 350 , where assignment

was not prohibited under the terms of the original licence.

(3) The Controller may direct that an order made under section 349 or 350

or an order made under section 351 varying such an order, in so far as it

varies the amount of charges payable, has effect from a date before that on

which it was made, but not earlier than the date on which the reference or

application was made or, where later, the date on which the licence was

granted or, as the case may be, was due to expire.

(4) Where a direction is given under subsection (3)—

(a) any necessary repayments, or further payments, shall be made in

respect of charges already paid, and

(b) the reference in subsection (1)(a) to the charges payable in

accordance with the order shall be construed, where the order is

varied by a further order, as a reference to the charges so payable

by virtue of that further order.

Licensing: Miscellaneous

General

considerations:

unreasonable

discrimination.

353.—(1) In determining what is reasonable, on a reference or application

under this Chapter relating to a licensing scheme or licence, the Controller

shall have regard to—

(a) the availability of other schemes, or the granting of other licences, to

other persons in similar circumstances, and

(b) the terms of those schemes or licences,

and shall exercise his or her powers so as to ensure that there is no

unreasonable discrimination between licensees, or prospective licensees,

under the scheme or licence to which the reference or application relates and

licensees under other schemes operated by, or other licences granted by, the

same person.

(2) Subsection (1) shall not affect the obligation of the Controller in any

case to have regard to all relevant circumstances.

Licences to

reflect payments

in respect of

underlying

rights.

354.—Where a reference or application is made under this Chapter in

relation to licensing in respect of the database right in a database, the

Controller shall take into account, in considering what charges are to be paid

for a licence, any payments which the owner of the database right is liable to

make pursuant to the granting of the licence, or pursuant to the acts

authorised by the licence—

(a) to owners of the copyright in works included in the database, or

(b) in respect of any performance included in the database.

Chapter 12

Registration of Licensing Bodies in Respect of Database Right

licensing bodies

for database

right.

355.—(1) The Controller shall establish and maintain a register of

licensing bodies in respect of database rights in such form and manner and

containing such particulars as the Minister may prescribe to be known as the

“Register of Licensing Bodies for Database Rights” and referred to in this

Part as the “Register”.

(2) The Controller shall keep the Register in such form that the Register is

capable of being used to make a copy of any entry in the Register.

(3) The Register shall be kept at such place as may be prescribed by the

Minister and, subject to the payment of such fee as may be prescribed by the

Minister with the consent of the Minister for Finance—

(a) the Register shall be made available for inspection by a person at

such times and in such manner as may be prescribed by the

Minister, and

(b) where a request is made to the Controller for a certified or

uncertified copy of, or extract from, an entry in the Register, the

Controller shall issue a copy of the entry or extract to the

applicant.

(4) An application for registration or renewal of a registration of a

licensing body shall be made to the Controller in such form and manner as

may be prescribed by the Minister and shall be subject to the payment of

such fee as may be prescribed by the Minister with the consent of the

Minister for Finance.

(5) The Controller shall register an applicant or renew a registration where

the Controller is satisfied that—

(a) the applicant complies with the definition of a licensing body

specified in section 340 , and

(b) the applicant has provided such information and satisfied such

conditions as may be prescribed by the Minister for the purposes

of registration.

(6) The information to be prescribed by the Minister under subsection

(5)(b) shall include the following:

(a) the name of the applicant;

(b) the address of the applicant;

officers, or names of partners, as the case may be, of the

applicant;

(d) a copy of the memorandum and articles of association or partnership

agreement, of the applicant;

(e) details of the scheme;

(f) details of the scales of charges or proposed charges to be levied by

the applicant; and

(g) the class of rightsowners represented or proposed to be represented

by the applicant.

(7) On the registration or renewal of a registration of a licensing body the

Controller shall issue to the applicant a certificate of registration in such form

as the Controller shall determine.

Proof that

licensing body

may act on

behalf of

356.—A certificate granted under section 355 (7) shall include the

particulars specified in subsection (6) of that section and the certificate shall

be evidence of the right of the licensing body, until the contrary is proved, to

act on behalf of the classes of rightsowners for whom it claims representation

specified

classes. rights or on behalf of the rightsowners who have assigned rights to it, or

exclusively licensed it, as specified in that certificate.

Notification of

charges. 357.—(1) A licensing body registered under this Part which proposes to

impose a charge, otherwise than in accordance with the scales of charges

included in an application for registration or for renewal of a registration,

shall provide the Controller in writing with details of the proposed charge not

less than one month before the charge comes into effect.

(2) The registration of a licensing body which fails to comply with

subsection (1) is deemed to be cancelled from the date on which the proposed

charge comes into effect.

Validity of

certificates of

registration.

358.—(1) A certificate of registration issued under section 355 (7) shall be

valid for a period of 12 months from the date of registration or such lesser

period as may be specified by the Controller in the certificate.

(2) Subject to section 355 (4), a licensing body registered under this Part

may apply for renewal of its registration for further periods each of which

shall not exceed 12 months.

(3) An application for renewal of a registration shall be made not less than

one month before the expiration of the period of validity of the certificate of

registration.

(4) A term of renewal of a registration shall take effect from the expiration

of the previous registration.

Refusal of

application. 359.—(1) The Controller may refuse an application for renewal of a

registration by a licensing body registered under this Part or cancel the

registration of a licensing body where the body no longer fulfils the

requirements specified in section 355 (5).

(2) The Controller shall remove a licensing body from the Register where

its application for renewal of its registration is refused or its registration is

cancelled.

Indemnity for

Controller. 360.—No action or other proceedings shall lie or be maintainable against

the Controller (except in the case of wilful neglect of duty) in respect of

anything done or omitted to be done by him or her in the bona fide exercise

of any functions, powers or duties conferred or imposed by or under this

Chapter.

Obligation of

collecting

societies to

(database

rights).

361.—(1) Any body operating as a licensing body within the meaning

specified in section 340 shall be obliged to register in accordance with the

provisions of this Chapter, and to remain registered for so long as it continues

to operate in this capacity.

(2) Any body to which the provisions of subsection (1) applies which—

(a) fails within 6 months of the commencement of this Chapter to

(b) fails within 2 months of its establishment in the case of a body

established after the commencement of this Chapter to register

under the terms of this Chapter, or

shall be guilty of an offence.

(3) A person guilty of an offence under subsection (2) shall be liable—

(a) on summary conviction, to a fine not exceeding £1,500 class C

fine161, or to imprisonment for a term not exceeding 12 months, or

both, or

(b) on conviction on indictment, to a fine not exceeding £100,000

€130,000162, or to imprisonment for a term not exceeding 5 years,

or both.

PART VI

Jurisdiction of Controller

Jurisdiction of

Controller 362.—It shall be a function of the Controller pursuant to references or

applications under this Act to determine, within a reasonable period of time,

disputes arising under this Act between licensing bodies and persons

requiring licences or organisations claiming to be representative of those

persons.

Rules in relation

to proceedings

before

Controller.

363.—(1) The Minister may make rules in relation to proceedings before

the Controller under this Act and, subject to the consent of the Minister for

Finance, may also make rules in relation to the fees chargeable in respect of

such proceedings.

(2) Rules made under this section shall—

(a) specify the parties to proceedings and permit the Controller to make

a party to the proceedings a person or organisation satisfying the

Controller that the party concerned has a substantial interest in the

matter, and

(b) require the Controller to give the parties to proceedings an

opportunity to state their case orally or in writing.

(3) Without prejudice to the generality of subsection (1), rules made under

this section may make provision for prescribing matters incidental to or

consequential upon appeals from decisions of the Controller under section

366 .

Power of

Controller to

award costs.

364.—(1) The Controller may order that the costs of a party to proceedings

before him or her under this Act, including costs associated with the

appointment of an arbitrator under section 367 and costs of a party to

161 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 162 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

proceedings before that arbitrator, shall be paid by such party as the

Controller may direct, and the Controller may determine the amounts of the

costs or direct the manner in which they are to be paid.

(2) A copy of an order made by the Controller under subsection (1) which

is certified by the Controller to be a true copy shall, in proceedings under this

Act, be evidence of the order unless the contrary is proved.

Costs of

Controller in

proceedings.

364A.—In any proceedings before any court under this Act, the Controller

shall not be awarded or be ordered to pay costs.163

Appointment of

assessors. 365.—(1) In any proceedings before him or her under this Act, the

Controller may, where he or she thinks fit, and shall, on the request of all the

parties to the proceedings, appoint an assessor who is specially qualified in

regard to all or any of the questions arising in the course of the proceedings

to aid the Controller in his or her consideration of those questions.

(2) Subject to subsection (3), the Minister shall approve, with the consent

of the Minister for Finance, the amount of remuneration (if any) to be paid by

the Controller to an assessor appointed by him or her under this section.

(3) The amount of remuneration referred to under subsection (2) shall be

paid out of moneys provided by the Oireachtas, to such an extent as may be

sanctioned by the Minister for Finance.

Appeal to the

High Court. 366.—(1) An appeal on a point of law arising from a decision of the

Controller under this Act shall lie to the High Court.

(2) Provision shall be made in the rules made under section 363 limiting

the time within which such an appeal may be brought.

(3) Provisions may be made in the rules made under section 363 for all or

any of the following, namely:

(a) suspending, authorising or requiring the Controller to suspend the

operation of orders of the Controller in cases where his or her

decision is appealed;

(b) modifying, in relation to an order of the Controller the operation of

which is suspended, the operation of any provision of this Act as

to the effect of that order;

persons affected by the suspension of an order of the Controller

shall be informed of its suspension.

(4) Subject to subsection (5), a decision of the High Court under this

section shall be final and may not be appealed.

163 Inserted by the Patents (Amendment) Act 2006.

(5) By leave of the High Court, an appeal from a decision of the High

Court under this section shall lie to the Supreme Court on a question of law.

References of

dispute to

arbitrator.

367.—(1) In the case of a dispute referred to the Controller under this Act,

the Controller may at any time—

(a) where the parties to the dispute consent, or

(b) where a matter requires any prolonged examination of documents or

other investigation requiring specialist knowledge which could

not be made by him or her,

order the matter to be referred to an arbitrator agreed by the parties or, in the

absence of such agreement, appointed by the Controller.

(2) The Controller shall decide whether or not to refer a dispute to

arbitration no later than 3 months after the dispute has been referred to the

Controller.164

(3) The arbitrator shall make his or her award within 3 months of the

reference from the Controller, or within such further period of time as may be

agreed with the Controller.

(4) The award made by an arbitrator in a case referred to him or her under

this section shall, where the parties consent to the reference, be final and

binding on the parties.

(5) An appeal from an award made by an arbitrator pursuant to a reference

under this section to which the parties to the dispute did not consent shall lie

to the High Court and the High Court may make such order confirming,

annulling or varying the award of the arbitrator as it thinks fit.

(6) Subject to subsection (7), a decision of the High Court under this

section shall be final and may not be appealed.

(7) By leave of the High Court, an appeal from a decision of the High

Court under this section shall lie to the Supreme Court on a question of law.

(8) In any reference to an arbitrator under this section, the Controller on

giving notice to the parties to the dispute shall have the same power to apply

to the court for the removal of that arbitrator under section 24 of the

Arbitration Act, 1954 request the court under section 9 of the Arbitration Act

2010 to decide on the termination of the mandate of that arbitrator165, as if he

or she had been a party to the arbitration.

(9) Nothing in subsection (8) shall affect the rights of the parties to the

arbitration.

(10) For the avoidance of doubt, in the event of an arbitrator being

removed under subsection (8), a second or subsequent arbitrator may be

appointed to arbitrate the dispute in accordance with this section.

164 Repealed by the Patents (Amendment) Act 2006. 165

Amended by the Arbitration Act 2010

Controller may

consult Attorney

General.

368.—The Controller may, in any case of doubt or difficulty arising in

connection with the administration of any of the provisions of this Act, apply

to the Attorney General for advice in the matter.

Definition of

dispute for the

purposes of this

Chapter.

369.—For the purposes of this Chapter, “dispute” shall include any matter

referred to the Controller for decision or resolution by reference or

application under any provision of this Act.

PART VII

Technological Protection Measures

Chapter 1

Rights Protection Measures

Devices

designed to

circumvent

protection.

370.—(1) This section applies where, by or with the licence of the

rightsowner—

(a) copies of copyright works to which rights protection measures have

been applied or recordings of performances to which rights

protection measures have been applied, are made available to the

public, or

(b) copies of databases to which rights protection measures have been

applied, are re-utilised.

(2) A person who makes available to the public or re-utilises the copies

referred to in subsection (1) has the same rights and remedies against a

person who—

(a) (i) makes,

(ii) sells, rents or lends, or offers or exposes for sale, rental or loan,

(iii) imports into the State, or

(iv) has in his or her possession, custody or control,

a protection-defeating device, knowing or having reason to believe that it has

been or is to be used to circumvent rights protection measures, or

(b) provides information, or offers or performs any service, intended to

enable or assist persons to circumvent rights protection measures,

as a rightsowner has in respect of an infringement of any of his or her rights

under this Act.

(2) A person who lawfully makes available to the public or re-utilises the

copies referred to in subsection (1) has the same rights and remedies as the

rightsowner has in respect of an infringement of any of his or her rights under

this Act against a person who—

(a) (i) makes,

(ii) sells, rents or lends, or offers or exposes for sale, rental or

loan,

(iii) imports into the State, or

(iv) has in his or her possession, custody or control,

a protection-defeating device, knowing or having reason to believe

that it has been or is to be used to circumvent rights protection

measures,

(b) provides information, or offers or performs any service, intended

to enable or assist persons to circumvent rights protection measures,

with the agreement of the rightsowner or pursuant to section 374.166

(3) The presumptions as to ownership of rights specified in Chapter 12 of

Part II and Chapter 10 of Part V shall apply in any proceedings under this

section, whether civil or criminal, as in proceedings for infringement of the

under Part II or Part V.

(4) Sections 145 and 264 shall apply with any necessary modifications in

relation to the disposal of anything delivered up or seized by virtue of

subsection (2).

(5) References in this Part to copies of a work, recording or database shall

include the original.

Offence of

unlawful

reception.

371.—A person who receives a broadcast or cable programme to which

rights protection measures have been applied, knowing or having reason to

believe that it is being received unlawfully with the intent to avoid payment

of any charge applied by the rightsowner for the reception of that broadcast

or cable programme shall be guilty of an offence and shall be liable on

summary conviction to a fine not exceeding £1,500 class C fine167.

Rights in

respect of

apparatus, etc.,

for unauthorised

reception of

transmissions.

372.—(1) A person who is authorised by the rightsowner—

(a) to make charges for the reception of programmes included in a

broadcast or cable programme service, or

(b) to send encrypted transmissions of any other description,

has the same rights and remedies against a person who—

(i) (I) makes,

166 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 167 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(II) sells, rents or lends, or offers or exposes for sale, rental or loan,

(III) imports into the State, or

(IV) has in his or her possession, custody or control,

any apparatus or protection-defeating device, knowing or having

reason to believe that the apparatus or device is to be used to enable

or assist persons to receive those programmes or transmissions when

those persons are not so entitled, or

(ii) provides information, or offers or performs any service, intended to

enable or assist persons to receive those programmes or

transmissions when those persons are not so entitled,

as a rightsowner has in respect of an infringement of any of his or her rights

under this Act.

(2) Without prejudice to any other remedy, in cases of innocent

infringement of the rights conferred by subsection (1), the appropriate court

may award damages as it considers appropriate in the circumstances, and

such damages shall not exceed a reasonable payment in respect of the act

complained of.

(3) Sections 145 and 264 shall apply with any necessary modifications in

relation to the disposal of anything delivered up or seized by virtue of

subsection (1).

Denial of

protection. 373.—(1) Where it appears to the Minister that broadcasts made, or cable

programmes or encrypted transmissions sent, from the State are not

adequately protected in a country, territory, state or area, the Minister may by

order restrict the rights conferred by section 370 , 371 or 372 in relation to

broadcasters or providers of cable programme services or encrypted

transmissions connected with that country, territory, state or area.

(2) In an order made under subsection (1) the Minister shall designate the

country, territory, state or area concerned and provide that, for the purposes

specified in that order, a broadcast made or a cable programme or encrypted

transmission sent after a date specified in that order shall not qualify for the

protection conferred by section 370 , 371 or 372 where at the time of that

making or sending the maker or sender is—

(a) an individual domiciled or resident in that country, territory, state or

area (and not at the same time domiciled or resident in the State),

(b) a body incorporated under the law of that country, territory, state or

area,

country, territory, state or area, or

(d) any other body,

and the order may make such provision for all the purposes of section 370 ,

371 or 372 or for such purposes as are specified in that order.

Non-

interference of

rights protection

measures with

permitted acts.

374.—Nothing in this Chapter shall be construed as operating to prevent

any person from undertaking the acts permitted—

(a) in relation to works protected by copyright under Chapter 6 of Part

II,

(b) in relation to performances, by Chapter 4 of Part III, or

or from undertaking any act of circumvention required to effect such

permitted acts.

Non-

interference of

Rights

Protection

Measures with

Permitted Acts.

(1) Nothing in this Chapter shall be construed as operating to prevent any person

from undertaking the acts permitted -

(a) in relation to works protected by copyright under Chapter 6 of Part

II,

(b) in relation to performances, by Chapter 4 of Part III, or

(2) Where the beneficiary is legally entitled to access the protected work or

subject-matter concerned, the rightsholder shall make available to the

beneficiary the means of benefitting from the permitted act, save where such

work or other subject-matter has been made available to the public on agreed

contractual terms in such a way that members of the public may access the work

or other subject-matter from a place and at a time individually chosen by them.

(3) In the event of a dispute arising, the beneficiary may apply to the High Court

for an order requiring a person to do or to refrain from doing anything the doing

or refraining from doing of which is necessary to ensure compliance by that

person with the provisions of this section.168

Rights

protection

measures and

permitted acts

374. (1) Nothing in this Chapter shall be construed as operating to prevent any

person from undertaking any act permitted (in this section referred as ‘the

permitted act’)—

(a) in relation to works protected by copyright under Chapter 6 of Part

II, by that Chapter 6,

(b) in relation to performances, by Chapter 4 of Part III, or

168 Amended by the European Union (Copyright and Related Rights) Regulations 2004

(2) Where the beneficiary is legally entitled to access the protected work or

subject-matter concerned, the rightsowner or licensee shall make available to the

beneficiary the means of benefiting from the permitted act, save where other

copies of such work or other subject-matter have been made available to the

public on reasonable and agreed contractual terms by, or with the authority of,

the rightsowner, in a form which does not prevent or unreasonably restrict the

beneficiary from undertaking the permitted act.

(3) Where a technological protection measure has prevented a person (in

this section referred to as ‘the complainant’) from undertaking in respect of a

work the permitted act, the complainant may request the owner or licensee of the

rights in that work (in this section referred to as ‘the respondent’) to provide an

effective means of carrying out that act.

(4) Where, within a period of 30 working days from the date of the request,

the respondent declines or fails to provide such an effective means of allowing

the complainant to undertake in respect of the work the permitted act, the

complainant may apply to the appropriate court for an order directing the

permitted act.169

Chapter 2

Rights Management Information

Rights and

remedies in

respect of

unlawful acts

which interfere

with rights

management

information.

375.—(1) A person who provides rights management information has the

same rights and remedies against a person who—

(a) removes or alters rights management information from copies of

of databases knowing or having reason to believe that the primary

purpose or effect of such removal or alteration is to induce,

enable, facilitate or conceal an infringement of any right conferred

by this Act,

(b) makes available to the public copies of copyright works or copies of

recordings of performances or re-utilises copies of databases,

referred to in paragraph (a), knowing or having reason to believe

that rights management information has been removed or altered

from those copies, or

(ii) imports into the State, or

169 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(iii) in the course of a business, trade or profession, has in his or her

possession, custody or control,

copies of copyright works, copies of recordings of performances

or copies of databases referred to in paragraph (a), knowing or

having reason to believe that rights management information has

been removed or altered from those copies,

as a rightsowner has in respect of an infringement of any of his or her rights

under this Act.

(1) (a) The rightsowner or exclusive licensee has the same rights in

respect of an infringement of copyright or related rights notwithstanding that

he or she is not the person issuing to the public copies of, or communicating,

the work to the public.

(b) A person lawfully issuing to the public copies of, or lawfully

communicating to the public, the work has the same rights as the rightsowner

has in respect of an infringement of copyright.170

(2) References in this section to rights management information include

information, or any representation thereof—

(a) which identifies a copyright work, recording of a performance or

database,

(b) which identifies the author in relation to a copyright work, the

performer in relation to a recording of a performance or the maker

in respect of a database,

recording of a performance or database, or

(d) about the terms and conditions of use of a copyright work, recording

of a performance or database,

where any of these items of information, or any representations thereof, are

attached to or appear in connection with, embedded in, or appear in

connection with, or are otherwise associated with or incorporated in,171 a

copy of a copyright work or a copy of a recording of a performance, which is

lawfully made available to the public, or a copy of a database which is

lawfully re-utilised.

(3) Sections 145 and 264 shall apply with any necessary modifications in

relation to the disposal of anything delivered up or seized by virtue of

subsection (1).

Removal or

interference

with rights

management

information.

376.—(1) A person who—

170 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 171 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(a) removes or alters rights management information from copies of

of databases knowing or having reason to believe that the primary

purpose or effect of such removal or alteration is to commit,172

induce, enable, facilitate or conceal an infringement of any right

conferred by this Act,

(b) makes available to the public copies of copyright works or copies of

recordings of performances or re-utilises copies of databases,

referred to in paragraph (a), knowing or having reason to believe

that rights management information has been removed or altered

from those copies, or

(ii) imports into the State, or

(iii) in the course of a business, trade or profession, has in his or her

possession, custody or control,

copies of copyright works, copies of recordings of performances

or copies of databases, referred to in paragraph (a), knowing or

having reason to believe that rights management information has

been removed or altered from those copies,

shall be guilty of an offence.

(2) A person guilty of an offence under subsection (1) shall be liable—

(a) on summary conviction to a fine not exceeding £1,500 class C

fine173 in respect of each copy, or to imprisonment for a term not

exceeding 12 months, or both, or

(b) on conviction on indictment to a fine not exceeding £100,000

€130,000174, or imprisonment for a term not exceeding 5 years, or

both.

Certain acts

infringe rights

of rightsowner

of rights

management

information

377. It is an infringement of the rights of the rightsowner of rights

management information for a person to—

(a) remove or alter that information from copies of copyright works,

copies of recordings of performances or copies of databases knowing

or having reason to believe that the primary purpose or effect of such

removal or alteration is to commit, induce, enable, facilitate or conceal

an infringement of any right conferred by this Act,

172 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019 173 Amended by the Copyright and Other Intellectual Property Provisions Act 2019 174 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(b) make available to the public copies of copyright works or copies of

recordings of performances or re-utilise copies of databases, referred to

in paragraph (a), knowing or having reason to believe that rights

management information has been removed or altered from those

copies, or

(i) import into the State, or

(iii) in the course of a business, trade or profession, have in his or

her possession, custody or control,

copies of copyright works, copies of recordings of performances or

copies of databases, referred to in paragraph (a), knowing or having

reason to believe that rights management information has been removed

or altered from those copies.175

175 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

FIRST SCHEDULE

PART I

Transitional Provisions and Savings: Copyright

PART II

Works made before the first day of July, 1912

PART III

Secondary Infringements

PART IV

Performers' Rights

PART V

PART VI

Transitional Provisions and Savings: Databases

SECOND SCHEDULE

PART I

PART II

THIRD SCHEDULE

FIRST SCHEDULE

Section 10

PART I

Transitional Provisions and Savings: Copyright

1. (1) In this Schedule—

“Act of 1911” means the Copyright Act, 1911;

“Act of 1927” means the Industrial and Commercial Property (Protection)

Act, 1927 ;

“Act of 1963” means the Copyright Act, 1963 ;

“new copyright provisions” means the provisions of this Act relating to

“new right” means a right arising by virtue of this Act other than—

(a) a right corresponding to a right which existed immediately before the

commencement of Part III of this Act, or

(b) a right to remuneration arising under this Act.

(2) References in this Schedule to “commencement” shall be construed as

references to the date on which the provision concerned came into operation.

(3) References in this Schedule to “existing work” shall be construed as

references to a work made before the commencement of Part II of this Act

and for this purpose a work the making of which extends over a period of

time shall be deemed to have been made when the work is completed.

(4) In relation to the Act of 1963, references in this Schedule to a work

include any work within the meaning of that Act.

(5) In relation to the Act of 1927—

(a) a reference in Part I of this Schedule to copyright includes the right

conferred by that Act in substitution for a right subsisting

immediately before the commencement of that Act;

(b) a reference in Part I of this Schedule to copyright in a sound

recording is a reference to the copyright under that Act in a record

embodying the recording; and

reference to any copyright under that Act in the film (in so far as

the film constituted a dramatic work for the purposes of that Act)

or in photographs forming part of that film.

2. Subject to any express provisions to the contrary, the new copyright

provisions shall apply in relation to works existing on the commencement of

Part II of this Act as they apply in relation to works coming into existence

after such commencement.

3. (1) A reference in an enactment or other document to copyright, or to a

work in which copyright subsists, which apart from this Act would be

construed as referring to copyright under the Act of 1963 shall be construed,

in so far as may be required for continuing its effect, as being, or as the case

may require, including, a reference to copyright under this Act or to works in

which copyright subsists under this Act.

(2) Subject to any express provisions to the contrary, anything done, or

having effect as being done, under or for the purposes of a provision repealed

by this Act has effect as if done under or for the purposes of the

corresponding provision of the new copyright provisions.

(3) References (expressed or implied) in this Act or any other enactment or

other document to any of the new copyright provisions shall, in so far as the

context permits, be construed as including, in relation to times, circumstances

and purposes before commencement of Part I or II of this Act, a reference to

corresponding provisions in operation at the time of the commencement of

Part I or II of this Act.

(4) Subject to any express provision to the contrary, a reference (express or

implied) in an enactment or other document to a provision repealed by this

Act shall be construed, in so far as may be required for continuing its effect,

as a reference to the corresponding provision of this Act in so far as there are

corresponding provisions.

(5) Notwithstanding the repeal of the Act of 1963, any regulation, rule or

order made under the Act of 1963 and which is in force immediately before

the commencement of Part II of this Act shall continue in force and be

deemed after the commencement of the said Part II to be made under the

corresponding provisions of this Act.

(6) Notwithstanding the repeal of the Act of 1963, any proceedings

initiated or criminal prosecutions instituted under that Act may continue and

shall be determined as if the Act of 1963 had not been repealed and any order

made or fine or penalty imposed shall have effect accordingly.

(7) Except as otherwise expressly provided, any agreement made prior to

the coming into operation of that Part of this Act which relates to the subject

matter of the agreement shall be construed by reference to the law existing at

the time the agreement was made and it shall not be construed as conferring

any rights on any party which were not then in existence except in cases

where the parties had expressly agreed that its terms would apply to new

rights arising from future legislation.

4. Copyright subsists in an existing work after the commencement of Part

II of this Act where copyright subsisted in the work concerned immediately

before such commencement.

5. (1) Copyright shall not subsist in a film, as such, made before the first

day of October, 1964.

(2) Where a film made before the date referred to in subparagraph (1) was

an original dramatic work for the purposes of the Act of 1927, the new

original dramatic work within the meaning of Part II of this Act.

(3) The new copyright provisions apply in relation to photographs forming

part of a film made before the first day of October, 1964, as they apply in

relation to photographs not forming part of a film.

6. (1) A film sound-track to which section 18(8) of the Act of 1963 applied

before the commencement of Part II of this Act shall be deemed for the

purposes of the new copyright provisions to be a sound recording.

(2) Copyright subsists in a sound recording where copyright subsisted in

the film immediately before the commencement of Part II of this Act and it

continues to subsist until copyright in the film expires.

(3) The author and first owner of copyright in the film shall be deemed to

be the author and first owner of the copyright in the sound recording.

(4) Anything done before the commencement of Part II of this Act under

or in relation to the copyright in the film continues to apply in relation to the

sound recording as in relation to the film.

7. The question as to who was the author of an existing work shall be

determined in accordance with the new copyright provisions for the purposes

of the rights conferred by Chapter 7 of Part II of this Act, and for all other

purposes shall be determined in accordance with the law applicable at the

time the work was made.

8. (1) The question as to who is or was the first owner of copyright in an

existing work shall be determined in accordance with the law applicable to

(2) Where, before the commencement of Part II of this Act, a person

commissioned the making of a work in circumstances within—

(a) section 10(3) of the Act of 1963 or paragraph (a) of the proviso to

section 158(1) of the Act of 1927, or

(b) the proviso to section 17(3) of the Act of 1963,

those provisions shall apply in order to determine first ownership of

commencement of the said Part II.

9. (1) Nothing in this Act shall affect the duration of copyright in works in

which copyright subsists on or before the commencement of Part II of this

Act, and the duration of copyright in those works which have been made

available to the public and176 shall be determined, where applicable, in

accordance with the European Communities (Term of Protection of

revocation of those Regulations.

176 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(2) This Act shall apply to computer programs whether created before or

after the first day of January, 1993.

10. Section 13 of the Act of 1963 continues to apply where notice under

that section was given before the repeal of that section by this Act, but only

in respect of the making of records—

(a) within one year of the repeal of the Act of 1963 coming into

operation, and

(b) up to the number stated in the notice as intended to be sold.

11. (1) Any act undertaken before the commencement of Chapter 7 of Part

II of this Act shall not be actionable under any provision of that Chapter.

(2) Section 54 of the Act of 1963 continues to apply in relation to acts

undertaken before the commencement of Chapter 7 of Part II of this Act.

12. (1) The rights conferred by sections 107 and 109 shall not apply—

(a) in relation to a literary, dramatic, musical or artistic work the author

of which died before the commencement of Part II of this Act, or

(b) in relation to a film, broadcast or typographical arrangement made

before the commencement of Part II of this Act.

(2) The rights conferred by sections 107 and 109 in relation to an existing

literary, dramatic, musical or artistic work shall not apply—

(a) where copyright first vested in the author, to anything which by

virtue of an assignment of copyright made or licence granted

before the commencement of Part II of this Act may be done

without infringing copyright,

(b) where copyright first vested in a person other than the author, to

anything done by or with the licence of the copyright owner.

(3) Chapter 7 of Part II of this Act shall not apply to anything done in

relation to a record made pursuant to section 13 of the Act of 1963.

13. The right conferred by section 114 shall not apply to photographs taken

or films made before the commencement of Part II of this Act.

14. (1) Any document made or event occurring before the commencement

of Part II of this Act which operated—

(a) to affect the ownership of the copyright in an existing work, or

(b) to create, transfer or terminate an interest, right or licence in respect

of the copyright in an existing work,

has the corresponding operation in relation to copyright in the existing work

under this Act.

(2) A word or phrase in a document referred to in subparagraph (1) shall

be construed in accordance with its effect immediately before the

commencement of Part II of this Act.

15. Section 121 shall not apply in relation to an agreement made before the

first day of October, 1964, in relation to copyright.

16. (1) Where the author of a literary, dramatic, musical or artistic work

was the first owner of the copyright in the work, an assignment of the

by will) after the passing of the Act of 1927 and before the first day of

October, 1964, shall not operate to vest in the assignee or grantee any rights

with respect to the copyright in the work beyond the expiration of 25 years

after the death of the author.

(2) The reversionary interest in the copyright expectant on the expiration of

the period referred to in subparagraph (1) may, after the commencement of

Part II of this Act, be assigned by the author during his or her life but in the

absence of any assignment shall, on his or her death, devolve on his or her

legal personal representatives as part of his or her estate.

(3) Nothing in this paragraph affects—

(a) an assignment of the reversionary interest by a person to whom it has

been assigned,

(b) an assignment of the reversionary interest after the death of the

author by his or her personal representatives or any person

becoming entitled to it, or

fallen in.

(4) This paragraph shall not apply to the assignment of the copyright in a

collective work or a licence to publish a work or part of a work as part of a

collective work.

(5) In subparagraph (4) “collective work” means—

(a) any encyclopaedia, dictionary, yearbook, or similar work,

(b) a newspaper or periodical, or

works or parts of works of different authors are incorporated.

PART II

Works made before the first day of July, 1912

17. (1) Paragraphs 17 to 30 and 44 of this Schedule apply to works made

before the first day of July, 1912.

(2) In paragraphs 17 to 30 and 44 of this Schedule a “right conferred by

the Act of 1911”, in relation to a work, means such a substituted right as, by

virtue of section 24 of the Act of 1911, was conferred in place of a right

subsisting immediately before the commencement of that Act.

18. Notwithstanding anything in paragraphs 17 to 30 and 44 of this

Schedule, neither subsection (1) or (2) of section 8 of the Act of 1963, nor

subsection (2) or (3) of section 9 of that Act, shall apply to a work to which

this Part of the Schedule applies, unless a right conferred by the Act of 1911

subsisted in the work immediately before the commencement of the said

section 8 or 9, as the case may be.

19. (1) Where, in the case of a dramatic or musical work made before the

first day of July, 1912, the right conferred by the Act of 1911 did not include

the sole right to perform the work in public, then, in so far as copyright

subsists in the work by virtue of this Act, the acts restricted by the copyright

shall be treated as not including those specified in subparagraph (3).

(2) Where, in the case of a dramatic or musical work to which paragraphs

17 to 30 and 44 of this Schedule apply, the right conferred by the Act of 1911

consisted only of the sole right to perform the work in public, then, in so far

as copyright subsists in the work by virtue of this Act, the acts restricted by

the copyright shall be treated as consisting only of those specified in

subparagraph (3).

(3) The acts referred to in subparagraphs (1) and (2) are—

(a) performing the work or an adaptation thereof in public,

(b) broadcasting the work or an adaptation thereof, or

subscribers to a diffusion service.

20. Where a work to which paragraphs 17 to 30 and 44 apply consists of

an essay, article or extract forming part of a work and first published in a

review, or other periodical or similar work, and immediately before the

commencement of section 8 of the Act of 1963, a right of publishing the

work in a separate form subsisted by virtue of the note appended to the First

Schedule to the Act of 1911, that note shall have effect, in relation to that

work, as if it had been re-enacted in this Act with the substitution, where it

first occurs for “right” of “copyright”.

21. (1) This paragraph shall apply where—

(a) the author of a work to which paragraphs 17 to 30 and 44 of this

Schedule apply had, before the commencement of the Act of

1911, made such an assignment or grant as is mentioned in

paragraph (a) of the proviso to subsection (1) of section 24 of that

Act, and

(b) copyright subsists in the work by virtue of any provision of this Act.

(2) Where, before the commencement of section 24 of the Act of 1911, an

event occurred, or notice was given, which in accordance with paragraph (a)

of the proviso referred to in subparagraph (1)(a) operated so as to affect the

ownership of the right conferred by the Act of 1911 in relation to the work, or

creating, transferring or terminating an interest, right or licence in respect of

that right, that event or notice shall have the corresponding operation in

relation to the copyright in the work under this Act.

(3) Any right which, at a time after the commencement of a provision of

this Act by virtue of which copyright subsists in a work, which would, but for

the passing of this Act, by virtue of paragraph (a) of the proviso referred to in

subparagraph (1)(a), have been exercisable in relation to the work, or to the

right conferred by the Act of 1911, shall be exercisable in relation to the work

or to the copyright in that work under this Act, as the case may be.

(4) If, in accordance with paragraph (a) of the proviso referred to in

subparagraph (1)(a), the right conferred by the Act of 1911 would have

reverted to the author or his or her personal representatives on the date

referred to in that paragraph, and the said date is after the commencement of

section 17 —

(a) the copyright in the work under this Act shall revert to the author or

his or her personal representatives, as the case may be, and

(b) any interest of any other person in that copyright which subsists on

that date by virtue of any document made before the

commencement of the Act of 1911 shall thereupon determine.

22. (1) Section 123 —

(a) shall not apply where the testator died before the first day of

October, 1964, and

(b) applies only in relation to an original document embodying a work,

where the testator died on or after that date and before the

commencement of Part II of this Act.

(2) In the case of an author who died before the first day of October, 1964,

the ownership after his or her death of his or her manuscript, where such

ownership has been acquired under a testamentary disposition made by him

or her and the manuscript is of a work which has not been published or

performed in public, is prima facie proof of the copyright being with the

owner of the manuscript.

23. (1) Sections 127 and 128 shall apply only in relation to an infringement

of copyright committed after the commencement of Part II of this Act;

section 22 of the Act of 1963 shall continue to apply in relation to

infringements committed before such commencement.

(2) Sections 131 to 133 shall apply to infringing copies, articles and

devices made before or after the commencement of Part II of this Act;

section 24 of the Act of 1963 shall not apply after such commencement

except for the purposes of proceedings initiated before such commencement.

(3) Sections 135 and 136 shall apply only in relation to an infringement of

25 of the Act of 1963 shall continue to apply in relation to infringements

committed before such commencement.

(4) Section 139 shall apply only in proceedings brought by virtue of this

Act; section 26 of the Act of 1963 shall continue to apply in proceedings

brought by virtue of that Act.

24. Sections 135 and 136 shall not apply to a licence granted before the

first day of October, 1964.

25. (1) Section 140 shall apply only in relation to acts undertaken after the

commencement of Part II of this Act; section 27 of the Act of 1963 shall

continue to apply in relation to acts undertaken before such commencement.

(2) Section 143 shall apply in relation to offences committed before the

commencement of Part II of this Act in relation to which the Act of 1963

applied; section 27(5) of the Act of 1963 shall continue to apply in relation to

warrants issued before such commencement.

26. A dispute referred to the Controller under Part V of the Act of 1963

and pending at the time of the commencement of Part II of this Act shall be

disposed of under the said Part V of the Act of 1963 as if that Part had not

been repealed.

27. Every work in which copyright subsisted under the Act of 1963

immediately before the commencement of Part II of this Act shall be deemed

to satisfy the requirements of this Act as to qualification for copyright

protection.

28. (1) Section 191 shall apply to an existing work where—

(a) section 51 of the Act of 1963 applied to the work immediately before

commencement, and

(b) the work is not one to which section 193 , 194 or 195 applies.

(2) Section 191 (2) shall have effect subject to any agreement entered into

under section 51(6) of the Act of 1963 where that agreement is entered into

before the commencement of Part II of this Act.

29. (1) Section 193 of this Act shall apply to existing unpublished literary,

dramatic, musical or artistic works, but shall not otherwise apply to existing

works.

(2) Section 194 shall not apply to any Bill introduced into either House of

the Oireachtas before the commencement of Part II of this Act.

30. (1) Any work in which, immediately before the commencement of Part

II of this Act, copyright subsisted by virtue of section 44 of the Act of 1963

shall be deemed to satisfy the requirements of section 196 (1); but otherwise

section 196 (1) shall not apply to works made or, as the case may be,

published before such commencement.

(2) Copyright in a work referred to in subparagraph (1) which is

unpublished continues to subsist until the date on which it would have

expired in accordance with the Act of 1963, or the expiration of the period of

50 years from the end of the calendar year in which the new copyright

provisions are commenced, whichever is the earlier.

PART III

Secondary Infringements

31. (1) Sections 44 to 48 shall apply to secondary infringements occurring

on or after the commencement of those sections.

(2) Notwithstanding the repeal of section 11 of the Act of 1963, that

section shall continue to apply in respect of infringements occurring before

the commencement of sections 44 to 48.

PART IV

Performers' Rights

32. In this Part—

“existing” in relation to a performance, means a performance given before

the commencement of this Part of the Schedule.

33. Notwithstanding the repeal of the Performers' Protection Act, 1968 ,

any proceedings initiated or criminal prosecutions instituted under that Act

may continue and shall be determined as if that Act had not been repealed

and any order made or fine or penalty imposed shall have effect accordingly.

34. For the purposes of this Part of this Schedule a performance, the

making of which extended over a period of time, shall be taken to have been

made when the performance was completed.

35. An act undertaken before the commencement of Part III or Part IV of

this Act shall not be regarded as an infringement of any new right, or as

giving rise to any right to remuneration arising by virtue of Part III or Part IV

of this Act.

36. (1) Any new right conferred by Part III or Part IV of this Act in

relation to a qualifying performance is exercisable after the commencement

of the said Part III and Part IV by the performer or, where he or she has died,

by the person who under section 300 would be entitled to exercise the rights

conferred on the performer by the said Part III or Part IV in relation to that

performance.

(2) Any remuneration or damages received by a person's personal

representatives under a right conferred on them by subparagraph (1) shall

devolve as part of that person's estate as if the right had subsisted and been

vested in him or her immediately before his or her death.

PART V

37. (1) Except as otherwise expressly provided, nothing in this Act affects

an agreement in relation to rental and lending rights established by virtue of

the Council Directive No. 92/100/EEC of 19 November, 1992, on rental right

and lending right and certain rights relating to copyright in the field of

intellectual property made before the 19th day of November, 1992.

(2) An act undertaken pursuant to an agreement referred to in

subparagraph (1) after the commencement of Part III or Part IV of this Act

shall not be regarded as an infringement of any new right.

38. (1) This Act applies to an agreement concluded before the first day of

January, 1995—

(a) between two or more co-producers of a film, one of whom is a

national of a Member State of the EEA, and

(b) the provisions of the agreement grant to the parties exclusive rights

to exploit all communication to the public of the film in separate

geographical areas.

(2) When an international co-production agreement concluded before the

first day of January, 1995, between a co-producer from a Member State of the

EEA and one or more co-producers from other Member States of the EEA or

third countries expressly provides for a system of division of exploitation

rights between the co-producers by geographical areas for all means of

communication to the public, without distinguishing the arrangement

applicable to communication to the public by satellite from the provisions

applicable to the other means of communication, and where communication

to the public by satellite of the co-production would prejudice the exclusivity,

in particular the language exclusivity, of one of the co-producers or his or her

assignees in a given territory, the authorisation by one of the co-producers or

his or her assignees for a communication to the public by satellite shall

require the prior consent of the holder of that exclusivity, whether co-

producer or assignee.

39. Where before the commencement of Part II, Part III or Part IV of this

Act—

(a) the owner or prospective owner of copyright in a literary, dramatic,

musical or artistic work has authorised a person to make a copy of

the work, or

(b) the owner or prospective owner of performers' rights in a

performance has authorised a person to make a copy of a

recording of the performance,

any new right in relation to that copy shall vest on such commencement in

the person so authorised, subject to any agreement to the contrary.

40. (1) Subject to paragraph 41, sections 124 and 297 shall apply and have

effect in relation to an agreement concluded before or after the

commencement of Part II and Part III of this Act.

(2) Subject to paragraph 41, sections 125 and 298 shall apply and have

effect accordingly.

41. No right to equitable remuneration under sections 125 and 298 arises—

(a) in respect of any rental of a sound recording or film before the first

day of July, 1997, or

(b) in respect of any rental after that date of a sound recording or film

made in pursuance of an agreement entered into before the first

day of July, 1994, unless the author or performer (or his or her

successor in title) has, before the first day of January, 1997,

notified the person by whom the remuneration would be payable

that he or she intends to exercise that right.

42. (1) Any new right in relation to a copyright work shall not apply to a

copy of the work acquired by a person before the commencement of Part II

of this Act for the purpose of renting or lending it to the public.

(2) Any new right in relation to a qualifying performance shall not apply to

a copy of a recording of the performance acquired by a person before the

commencement of Part III and Part IV of this Act for the purpose of renting

or lending it to the public.

43. (1) Section 2 (7) and (8) shall apply from the commencement of Parts

II, III and IV of this Act in relation to films made on or after the first day of

July, 1994.

(2) It is not an infringement of any right which the principal director has

under this Act to do anything after the commencement of Part II of this Act

pursuant to arrangements for the exploitation of a film made before the 19th

day of November, 1992.

(3) Nothing in subparagraph (2) shall affect any right of a person to

equitable remuneration under section 125 .

(4) Subject to paragraph 36 and subparagraphs (1) to (3) of this

paragraph, this Act shall apply to works made and to performances given

before or after the commencement of Part II or III of this Act.

44. (1) This paragraph shall apply to the construction of any reference in

this Act to qualified persons.

(2) Where, at any time after the commencement of any provisions of this

Act, the Government makes an order declaring that certain countries are

excluded from the application of this Act the order shall not affect any rights

existing before the making of that order.

PART VI

Transitional Provisions and Savings: Databases

45. (1) Where a database—

(a) was created on or before the 27th day of March, 1996, and

(b) is a copyright work immediately before the commencement of Part

V of this Act,

(2) In this paragraph “copyright term” means the period of the duration of

46. Where—

(a) the making of a database was completed on or after the first day of

January, 1983, and

(b) on the commencement of Part V of this Act the database right begins

to subsist in the database,

the database right shall subsist in the database for the period of 15 years

commencing on the first day of January, 1999.

SECOND SCHEDULE

Section 10

PART I

Number and

Year

Short Title of Act Extent of Repeal

No. 10 of

1963

section 59.

No. 19 of

1968

Performers' Protection Act, 1968 Entire Act.

No. 24 of

1987

No. 28 of

1998

Intellectual Property (Miscellaneous

Provisions) Act, 1998

Sections 2 and 3.

No. 15 of

1989

Dublin City University Act, 1989 Section 6.

No. 14 of

1989

University of Limerick Act, 1989 Section 7.

No. 11 of

1997

National Cultural Institutions Act,

1997

Section 66.

PART II

Number and

Year

Title of Enactment Extent of

Revocation

S.I. No. 26

of 1993

European Communities (Legal Protection

of Computer Programs) Regulations, 1993

Entire

Regulations.

S.I. No. 158

of 1995

European Communities (Term of

Entire

Regulations.

THIRD SCHEDULE Section 188 .

Section 188

1. The agreements, treaties and conventions which shall be reckonable for

the purposes of extension of qualification of copyright protection to works

under the provisions of section 188 of this Act shall be:

(1) Berne Convention for the Protection of Literary and Artistic Works,

as revised at Paris on July 24, 1971 and amended on October 2,

1979.

(2) Universal Copyright Convention, as revised at Paris on July 24,

1971.

(3) EEA Agreement.

(4) Agreement on Trade-Related Aspects of Intellectual Property Rights,

including Trade in Counterfeit Goods.

(5) International Convention for the Protection of Performers, Producers

of Phonograms and Broadcasting Organisations, done at Rome on

October 26, 1961 — in respect, only, of matters addressed by

Article 5 and Article 6 of that Convention (see paragraph 2,

below).

(6) World Intellectual Property Organisation (WIPO) Copyright Treaty,

adopted by the Diplomatic Conference at Geneva on December

20, 1996.

(7) World Intellectual Property Organisation (WIPO) Performances and

Phonograms Treaty, adopted by the Diplomatic Conference at

Geneva on December 20, 1996.

Qualifications on application

2. In respect of the Convention specified in paragraph 1(5) of this

Schedule, section 188 and this Schedule shall have effect in respect of

matters addressed by Article 5 and Article 6 of that Convention, only.

1O.J. No. L.122, 17/5/1991, p. 42

2O.J. No. L.346, 27/11/1992, p. 61

3O.J. No. L.290, 24/11/1993, p. 9

4O.J. No. L.248, 6/10/1993, p. 13

5O.J. No. L.077, 27/3/1996, p. 20

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