关于知识产权 知识产权培训 树立尊重知识产权的风尚 知识产权外联 部门知识产权 知识产权和热点议题 特定领域知识产权 专利和技术信息 商标信息 工业品外观设计信息 地理标志信息 植物品种信息(UPOV) 知识产权法律、条约和判决 知识产权资源 知识产权报告 专利保护 商标保护 工业品外观设计保护 地理标志保护 植物品种保护(UPOV) 知识产权争议解决 知识产权局业务解决方案 知识产权服务缴费 谈判与决策 发展合作 创新支持 公私伙伴关系 人工智能工具和服务 组织简介 与产权组织合作 问责制 专利 商标 工业品外观设计 地理标志 版权 商业秘密 WIPO学院 讲习班和研讨会 知识产权执法 WIPO ALERT 宣传 世界知识产权日 WIPO杂志 案例研究和成功故事 知识产权新闻 产权组织奖 企业 高校 土著人民 司法机构 遗传资源、传统知识和传统文化表现形式 经济学 金融 无形资产 性别平等 全球卫生 气候变化 竞争政策 可持续发展目标 前沿技术 移动应用 体育 旅游 PATENTSCOPE 专利分析 国际专利分类 ARDI - 研究促进创新 ASPI - 专业化专利信息 全球品牌数据库 马德里监视器 Article 6ter Express数据库 尼斯分类 维也纳分类 全球外观设计数据库 国际外观设计公报 Hague Express数据库 洛迦诺分类 Lisbon Express数据库 全球品牌数据库地理标志信息 PLUTO植物品种数据库 GENIE数据库 产权组织管理的条约 WIPO Lex - 知识产权法律、条约和判决 产权组织标准 知识产权统计 WIPO Pearl(术语) 产权组织出版物 国家知识产权概况 产权组织知识中心 产权组织技术趋势 全球创新指数 世界知识产权报告 PCT - 国际专利体系 ePCT 布达佩斯 - 国际微生物保藏体系 马德里 - 国际商标体系 eMadrid 第六条之三(徽章、旗帜、国徽) 海牙 - 国际外观设计体系 eHague 里斯本 - 国际地理标志体系 eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange 调解 仲裁 专家裁决 域名争议 检索和审查集中式接入(CASE) 数字查询服务(DAS) WIPO Pay 产权组织往来账户 产权组织各大会 常设委员会 会议日历 WIPO Webcast 产权组织正式文件 发展议程 技术援助 知识产权培训机构 COVID-19支持 国家知识产权战略 政策和立法咨询 合作枢纽 技术与创新支持中心(TISC) 技术转移 发明人援助计划(IAP) WIPO GREEN 产权组织的PAT-INFORMED 无障碍图书联合会 产权组织服务创作者 WIPO Translate 语音转文字 分类助手 成员国 观察员 总干事 部门活动 驻外办事处 职位空缺 采购 成果和预算 财务报告 监督
Arabic English Spanish French Russian Chinese
法律 条约 判决 按管辖区浏览

版权和邻接权(图书馆和档案馆)(复制受保护的材料)实施细则2000(2000年第S.I.427号), 爱尔兰

返回
WIPO Lex中的最新版本
详情 详情 版本年份 2001 日期 生效: 2001年1月1日 发布: 2000年12月15日 文本类型 实施规则/实施细则 主题 版权与相关权利(邻接权) The Copyright and Related Rights (Librarians and Archivists) (Copying of Protected Material) Regulations 2000 (S.I. No. 427/2000) was issued by the Minister of State at the Department of Enterprise, Trade and Employment to implement sections 59 and 227 of the Copyright and Related Rights Act, 2000 (Act No. 28 of 2000).

可用资料

主要文本 相关文本
主要文本 主要文本 英语 Copyright and Related Rights (Librarians and Archivists) (Copying of Protected Material) Regulations 2000 (S.I. No. 427/2000)        
 Copyright and Related Rights (Librarians and Archivists) (Copying of Protected Material) Regulations, 2000

S.I. No. 427 of 2000.

Copyright and Related Rights (Librarians and Archivists) (Copying of Protected Material) Regulations, 2000

Published by the Stationery Office, Dublin

I, Tom Kitt, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 59 and 227 of the Copyright and Related Rights Act, 2000 (No. 28 of 2000) , and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No.2) Order, 1997 ( S.I. No. 330 of 1997 ), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Copyright and Related Rights (Librarians and Archivists) (Copying of Protected Material) Regulations, 2000.

(2) These Regulations shall come into operation on the 1st day of January, 2001, other than Regulation 4 (a) and Regulation 6 (a).

(3) Regulation 4 (a) and Regulation 6(a) shall come into operation on the 1st day of April, 2001.

2. In these Regulations:

“the Act” means the Copyright and Related Rights Act, 2000 (No. 28 of 2000) ;

“the archivist” means the archivist of a prescribed archive;

“the librarian” means the librarian of a prescribed library;

“prescribed archive” means an archive within the meaning set out in Regulation 3;

“prescribed library” means a library within the meaning set out in Regulation 3.

3. (1) The descriptions of libraries and archives specified in Part A of Schedule 1 to these Regulations that are not conducted for profit are prescribed for the purposes of sections 61, 62, 66 and 67 in Part II of the Act and for the purposes of sections 229, 233 and 234 in Part III of the Act.

(2) All libraries and archives in Ireland are prescribed for the purposes of sections 64 and 65 in Part II of the Act, and for the purposes of sections 231 and 232 in Part III of the Act, as libraries and archives the librarians and archivists of which may make and

supply copies of any material to which those sections relate to a prescribed library or archive.

(3) Any library or archive of a description specified in Schedule 1 to these Regulations which is not conducted for profit is prescribed for the purposes of sections 64 and 65 in Part II of the Act, and for the purposes of sections 231 and 232 in Part III of the Act, as a library or archive for which copies of any material to which those sections relate may be made and supplied by the librarian or archivist of a prescribed library or prescribed archive.

(4) In this Regulation “conducted for profit”, in relation to a library or archive, means a library or archive which is established or conducted for profit or which forms part of, or is administered by, a body established or conducted for profit.

4. No copy of any material may be supplied by a librarian or archivist of a prescribed library or prescribed archive under the provisions of sections 61, 62 or 229 of the Act unless the following conditions are met:

(a) the person requesting the material shall supply the librarian or archivist with a declaration in writing in relation to the material concerned, substantially in accordance with Form A in Schedule 2 to these Regulations and signed in the manner therein indicated, and

(b) that such person is required to pay for the copy a sum not less than the cost (including contribution to the general expenses of the library) of its production.

5. For the purposes of sections 64, 65, 231 and 232 of the Act the following conditions shall be complied with when the librarian or archivist of a prescribed library or archive makes and supplies material under the provisions of these sections:

(a) the prescribed library or prescribed archive receiving copies of material under these sections is not furnished with more than one copy of the said material; and

(b) the prescribed library or prescribed archive receiving copies of material under these sections shall be required to pay for the copy a sum not less than the cost (including a contribution to the general expenses of the library) of its production.

6. For the purposes of sections 67 and 234 of the Act the following conditions shall be complied with when the librarian or archivist of a prescribed library or prescribed archive makes and supplies copies of material under the provisions of these sections:

(a) the person requesting the material shall supply the librarian or archivist with a declaration in writing, in relation to the material concerned, substantially in accordance with Form B in Schedule 2 to these Regulations and signed in the manner therein indicated, and

(b) the person requesting the material is required to pay for the copy a sum not less than the cost (including a contribution to the general expenses of the library or archive) of its production.

SCHEDULE 1

Regulation 3

PART A

Regulation 3(1) and (2)

1. Any library or archive administered by, or under the management or control of a library authority within the meaning of section 32 of the Local Government Act, 1994 , or by a local authority within the meaning of the Local Government Act, 1941 , or by a Health Board.

2. Any library or archive of any educational establishment within the meaning of section 2 (1) of the Act, or prescribed by the Minister as an educational establishment under the provisions of section 55 of the Act.

3. The Library of the Houses of the Oireachtas.

4. The National Library of Ireland.

5. The Library of the Royal Irish Academy.

6. The Public Record Office of Ireland.

7. The National Archive.

8. The Law Library, Four Courts, Dublin 7.

9. Any library or archive administered as part of a government department, an office of State, or other office or agency operating within the aegis of a Minister of the Government.

10. Any other library or archive in the State which is conducted for the purpose of facilitating or encouraging the study of administration, bibliography, education, fine arts, history, languages, law, literature, management, medicine, music, philosophy, religion, science (including natural and social science) or technology, or administered by any establishment or organisation which is conducted wholly or mainly for such a purpose.

PART B

Regulation 3(3)

Any library or archive located outside the State which is conducted for the purpose of facilitating or encouraging the study of administration, bibliography, education, fine arts, history, languages, law, literature, management, medicine, music, philosophy, religion, science (including natural and social science) or technology, or administered by any establishment or organisation which is conducted wholly or mainly for such a purpose.

SCHEDULE 2

Regulation 4

FORM A

DECLARATION

COPYING OF PROTECTED MATERIAL BY LIBRARIANS AND ARCHIVISTS FOR THE PURPOSE OF RESEARCH AND PRIVATE STUDY

To:

The * Librarian/Archivist of ............................Library/Archive [Address of Library/Archive]

Please supply me with a copy of [description of material]

required by me for the purposes of research or private study.

2. I declare that —

(a) I have not previously been supplied with a copy of the same material by you or any other librarian or archivist; or

(b) I have previously been supplied with a copy of the same material by you or another librarian or archivist but that copy has since been * lost, stolen, discarded or destroyed or a period of time of some has passed:

(c) I will not use the copy except for research or private study and will not supply a copy of it to any other person; and

(d) To the best of my knowledge no more than 2 other persons with whom I work or study has made or intends to make, at or about the same time as this request, a request for substantially the same purpose.

3. I understand that if the declaration is false in a material particular the copy supplied to me by you will be an infringing copy and that I shall be liable for infringement of copyright as if I had made the copy myself.

** Signature...............................

Date......................................

Name..............................

Address...........................

FORM B

Regulation 6

DECLARATION

COPYING BY LIBRARIANS AND ARCHIVISTS OF CERTAIN MATERIALS WHICH HAVE NOT BEEN LAWFULLY MADE AVAILABLE TO THE PUBLIC

To:

The * Librarian/Archivist of ...................................* Library/Archive [Address of Library/Archive]

Please supply me with a copy of [description of material]:

required by me for the purposes of research or private study.

2. I declare that —

(a) I have not previously been supplied with a copy of the same material by you or any other librarian or archivist;

(b) I will not use the copy except for research or private study and will not supply a copy of it to any other person; and

(c) To the best of my knowledge the work had not previously been made available to the public before the document was deposited in your * library/archive and the copyright owner has not prohibited copying of the work.

3. I understand that if the declaration is false in a material particular the copy supplied to me by you will be an infringing copy and that I shall be liable for infringement of copyright as if I had made the copy myself.

** Signature...............................

Date ...................................

Name ..............................

Address ...........................

GIVEN under my Hand this 15th day of December, 2000

Tom Kitt Minister of State at the Department of Enterprise, Trade and Employment

EXPLANATORY NOTE

[This Note is not part of the Instrument, and does not purport to be a legal interpretation]

These Regulations prescribe libraries and archives for the purposes of certain exceptions relating to the copying of protected materials, as required by the relevant sections of the Copyright and Related Rights Act, 2000 , and prescribes the conditions that must be met where certain exceptions of this nature are availed of.

Published by the Stationery Office, Dublin

* Delete whichever is inappropriate.

* Delete whichever is inappropriate.

**This shall be personal signature of the person making the request. A stamped or typewritten signature, or the signature of an agent, is NOT acceptable.

* Delete whichever is inappropriate

*Delete whichever is inappropriate

* Delete whichever is inappropriate

**This shall be personal signature of the person making the request. A stamped or typewritten signature, or the signature of an agent, is NOT acceptable.

其他文本 世贸组织通知首页 (3 文本) 世贸组织通知首页 (3 文本) 法语 Règlement de 2000 sur le droit d'auteur et les droits connexes relatif aux bibliothécaires et archivistes et la copie de matériel protégé (S.I. n° 427/2000) 西班牙语 Reglamento de 2000 de Derecho de Autor y Derechos Conexos relativo a los Bibliotecarios y Archivistas y la Copia de Material Protegido (S.I. N° 427/2000) 英语 Copyright and Related Rights (Librarians and Archivists) (Copying of Protected Material) Regulations 2000 (S.I. No. 427/2000)
 Copyright and Related Rights (Librarians and Archivists) (Copying of Protected Material) Regulations, 2000

S.I. No. 427 of 2000.

Copyright and Related Rights (Librarians and Archivists) (Copying of Protected Material) Regulations, 2000

Published by the Stationery Office, Dublin

I, Tom Kitt, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 59 and 227 of the Copyright and Related Rights Act, 2000 (No. 28 of 2000) , and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No.2) Order, 1997 ( S.I. No. 330 of 1997 ), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Copyright and Related Rights (Librarians and Archivists) (Copying of Protected Material) Regulations, 2000.

(2) These Regulations shall come into operation on the 1st day of January, 2001, other than Regulation 4 (a) and Regulation 6 (a).

(3) Regulation 4 (a) and Regulation 6(a) shall come into operation on the 1st day of April, 2001.

2. In these Regulations:

“the Act” means the Copyright and Related Rights Act, 2000 (No. 28 of 2000) ;

“the archivist” means the archivist of a prescribed archive;

“the librarian” means the librarian of a prescribed library;

“prescribed archive” means an archive within the meaning set out in Regulation 3;

“prescribed library” means a library within the meaning set out in Regulation 3.

3. (1) The descriptions of libraries and archives specified in Part A of Schedule 1 to these Regulations that are not conducted for profit are prescribed for the purposes of sections 61, 62, 66 and 67 in Part II of the Act and for the purposes of sections 229, 233 and 234 in Part III of the Act.

(2) All libraries and archives in Ireland are prescribed for the purposes of sections 64 and 65 in Part II of the Act, and for the purposes of sections 231 and 232 in Part III of the Act, as libraries and archives the librarians and archivists of which may make and

supply copies of any material to which those sections relate to a prescribed library or archive.

(3) Any library or archive of a description specified in Schedule 1 to these Regulations which is not conducted for profit is prescribed for the purposes of sections 64 and 65 in Part II of the Act, and for the purposes of sections 231 and 232 in Part III of the Act, as a library or archive for which copies of any material to which those sections relate may be made and supplied by the librarian or archivist of a prescribed library or prescribed archive.

(4) In this Regulation “conducted for profit”, in relation to a library or archive, means a library or archive which is established or conducted for profit or which forms part of, or is administered by, a body established or conducted for profit.

4. No copy of any material may be supplied by a librarian or archivist of a prescribed library or prescribed archive under the provisions of sections 61, 62 or 229 of the Act unless the following conditions are met:

(a) the person requesting the material shall supply the librarian or archivist with a declaration in writing in relation to the material concerned, substantially in accordance with Form A in Schedule 2 to these Regulations and signed in the manner therein indicated, and

(b) that such person is required to pay for the copy a sum not less than the cost (including contribution to the general expenses of the library) of its production.

5. For the purposes of sections 64, 65, 231 and 232 of the Act the following conditions shall be complied with when the librarian or archivist of a prescribed library or archive makes and supplies material under the provisions of these sections:

(a) the prescribed library or prescribed archive receiving copies of material under these sections is not furnished with more than one copy of the said material; and

(b) the prescribed library or prescribed archive receiving copies of material under these sections shall be required to pay for the copy a sum not less than the cost (including a contribution to the general expenses of the library) of its production.

6. For the purposes of sections 67 and 234 of the Act the following conditions shall be complied with when the librarian or archivist of a prescribed library or prescribed archive makes and supplies copies of material under the provisions of these sections:

(a) the person requesting the material shall supply the librarian or archivist with a declaration in writing, in relation to the material concerned, substantially in accordance with Form B in Schedule 2 to these Regulations and signed in the manner therein indicated, and

(b) the person requesting the material is required to pay for the copy a sum not less than the cost (including a contribution to the general expenses of the library or archive) of its production.

SCHEDULE 1

Regulation 3

PART A

Regulation 3(1) and (2)

1. Any library or archive administered by, or under the management or control of a library authority within the meaning of section 32 of the Local Government Act, 1994 , or by a local authority within the meaning of the Local Government Act, 1941 , or by a Health Board.

2. Any library or archive of any educational establishment within the meaning of section 2 (1) of the Act, or prescribed by the Minister as an educational establishment under the provisions of section 55 of the Act.

3. The Library of the Houses of the Oireachtas.

4. The National Library of Ireland.

5. The Library of the Royal Irish Academy.

6. The Public Record Office of Ireland.

7. The National Archive.

8. The Law Library, Four Courts, Dublin 7.

9. Any library or archive administered as part of a government department, an office of State, or other office or agency operating within the aegis of a Minister of the Government.

10. Any other library or archive in the State which is conducted for the purpose of facilitating or encouraging the study of administration, bibliography, education, fine arts, history, languages, law, literature, management, medicine, music, philosophy, religion, science (including natural and social science) or technology, or administered by any establishment or organisation which is conducted wholly or mainly for such a purpose.

PART B

Regulation 3(3)

Any library or archive located outside the State which is conducted for the purpose of facilitating or encouraging the study of administration, bibliography, education, fine arts, history, languages, law, literature, management, medicine, music, philosophy, religion, science (including natural and social science) or technology, or administered by any establishment or organisation which is conducted wholly or mainly for such a purpose.

SCHEDULE 2

Regulation 4

FORM A

DECLARATION

COPYING OF PROTECTED MATERIAL BY LIBRARIANS AND ARCHIVISTS FOR THE PURPOSE OF RESEARCH AND PRIVATE STUDY

To:

The * Librarian/Archivist of ............................Library/Archive [Address of Library/Archive]

Please supply me with a copy of [description of material]

required by me for the purposes of research or private study.

2. I declare that —

(a) I have not previously been supplied with a copy of the same material by you or any other librarian or archivist; or

(b) I have previously been supplied with a copy of the same material by you or another librarian or archivist but that copy has since been * lost, stolen, discarded or destroyed or a period of time of some has passed:

(c) I will not use the copy except for research or private study and will not supply a copy of it to any other person; and

(d) To the best of my knowledge no more than 2 other persons with whom I work or study has made or intends to make, at or about the same time as this request, a request for substantially the same purpose.

3. I understand that if the declaration is false in a material particular the copy supplied to me by you will be an infringing copy and that I shall be liable for infringement of copyright as if I had made the copy myself.

** Signature...............................

Date......................................

Name..............................

Address...........................

FORM B

Regulation 6

DECLARATION

COPYING BY LIBRARIANS AND ARCHIVISTS OF CERTAIN MATERIALS WHICH HAVE NOT BEEN LAWFULLY MADE AVAILABLE TO THE PUBLIC

To:

The * Librarian/Archivist of ...................................* Library/Archive [Address of Library/Archive]

Please supply me with a copy of [description of material]:

required by me for the purposes of research or private study.

2. I declare that —

(a) I have not previously been supplied with a copy of the same material by you or any other librarian or archivist;

(b) I will not use the copy except for research or private study and will not supply a copy of it to any other person; and

(c) To the best of my knowledge the work had not previously been made available to the public before the document was deposited in your * library/archive and the copyright owner has not prohibited copying of the work.

3. I understand that if the declaration is false in a material particular the copy supplied to me by you will be an infringing copy and that I shall be liable for infringement of copyright as if I had made the copy myself.

** Signature...............................

Date ...................................

Name ..............................

Address ...........................

GIVEN under my Hand this 15th day of December, 2000

Tom Kitt Minister of State at the Department of Enterprise, Trade and Employment

EXPLANATORY NOTE

[This Note is not part of the Instrument, and does not purport to be a legal interpretation]

These Regulations prescribe libraries and archives for the purposes of certain exceptions relating to the copying of protected materials, as required by the relevant sections of the Copyright and Related Rights Act, 2000 , and prescribes the conditions that must be met where certain exceptions of this nature are availed of.

Published by the Stationery Office, Dublin

* Delete whichever is inappropriate.

* Delete whichever is inappropriate.

**This shall be personal signature of the person making the request. A stamped or typewritten signature, or the signature of an agent, is NOT acceptable.

* Delete whichever is inappropriate

*Delete whichever is inappropriate

* Delete whichever is inappropriate

**This shall be personal signature of the person making the request. A stamped or typewritten signature, or the signature of an agent, is NOT acceptable.


立法 实施 (1 文本) 实施 (1 文本) 世贸组织文件号
IP/N/1/IRL/27
IP/N/1/IRL/C/12
无可用数据。

WIPO Lex编号 IE153