Copyright and Related Rights Act, 2000

Copyright and Related Rights Act, 2000 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2000 Copyright and Related Rights Act, 2000 Copyright and Related Rights Act, 2000 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 28 of 2000 COPYRIGHT AND RELATED RIGHTS ACT, 2000 ARRANGEMENT OF SECTIONS

PART I

Preliminary and General Section

Section 1

Short title and commencement.

Section 2

Interpretation.

Section 3

Construction of references to rightsowner.

Section 4

Construction of references to copyright.

Section 5

Encrypted broadcasts.

Section 6

Making and protection of broadcasts.

Section 7

Regulations and orders.

Section 8

Laying of regulations and orders.

Section 9

Expenses.

Section 10

Transitional provisions and repeals.

Section 11

Prosecution of offences.

Section 12

Offences by bodies corporate.

Section 13

Offences by members of partnership.

Section 14

Service of notices.

Section 15

Fees.

Section 16

Jurisdiction of Courts.

PART II

Copyright

Chapter 1

Subsistence of Copyright

Section 17

Copyright and copyright works.

Section 18

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

Section 19

Copyright in sound recordings.

Section 20

Exclusion of copyright in retransmission.

Chapter 2

Authorship and Ownership of Copyright

Section 21

Interpretation of author.

Section 22

Works of joint authorship.

Section 23

First ownership of copyright.

Chapter 3

Duration of Copyright

Section 24

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

Section 25

Duration of copyright in films.

Section 26

Duration of copyright in sound recordings.

Section 27

Duration of copyright in broadcasts.

Section 28

Duration of copyright in cable programmes.

Section 29

Duration of copyright in typographical arrangements.

Section 30

Duration of copyright in computer-generated works.

Section 31

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

Section 32

Miscellaneous matters in relation to duration.

Section 33

Expiry of copyright.

Section 34

Making available of a work not previously made available.

Section 35

Calculation of term of copyright.

Section 36

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

Chapter 4

Rights of Copyright Owner

Section 37

Acts restricted by copyright in a work.

Section 38

Playing of sound recordings — licenses of right.

Section 39

Reproduction right.

Section 40

Making available right.

Section 41

Distribution right.

Section 42

Rental and lending right.

Section 43

Infringement by adaptation of works.

Chapter 5

Secondary Infringement of Copyright

Section 44

Interpretation of infringing copy.

Section 45

Secondary infringement: dealing with infringing copy.

Section 46

Secondary infringement: providing means for making infringing copies.

Section 47

Secondary infringement: permitting use of premises for infringing performances.

Section 48

Secondary infringement: permitting use of apparatus for infringing performances.

Chapter 6

Acts Permitted in Relation to Works Protected by Copyright

Section 49

Exemptions in respect of copyright works.

Section 50

Fair dealing: research or private study.

Section 51

Fair dealing: criticism or review.

Section 52

Incidental inclusion of copyright material.

Education

Section 53

Acts done for purposes of instruction or examination.

Section 54

Anthologies for educational use.

Section 55

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

Section 56

Recording by educational establishments of broadcasts and cable programmes.

Section 57

Reprographic copying by educational establishments of certain works.

Section 58

Copyright not infringed by lending.

Libraries and Archives

Section 59

Regulations relating to copying by libraries and archives.

Section 60

Libraries and archives: declarations.

Section 61

Copying by librarians or archivists: articles in periodicals.

Section 62

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

Section 63

Multiple copying.

Section 64

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

Section 65

Copying by librarians or archivists: replacement copies of works.

Section 66

Copying by librarians or archivists for certain purposes.

Section 67

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

Section 68

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

Section 69

Copying by librarians or archivists: exemptions.

Section 70

Copying by librarians or archivists: infringing copy.

Public Administration

Section 71

Parliamentary and judicial proceedings.

Section 72

Statutory inquiries.

Section 73

Copying of material in public records.

Section 74

Material open to public inspection or on statutory register.

Section 75

Works communicated to Government or Oireachtas.

Section 76

Acts done under statutory authority.

Section 77

Savings.

Designs

Section 78

Acts done in reliance on registration of design.

Section 79

Exception from protection of copyright in certain works.

Computer Programs

Section 80

Back-up copies of computer programs.

Section 81

Lawful copies of computer programs.

Section 82

Exceptions to infringement of copyright in computer programs.

Original Database

Section 83

Access to or use of original database.

Typefaces

Section 84

Use of typefaces: printing.

Section 85

Articles for producing materials in particular typefaces.

Works in Electronic Form

Section 86

Transfer of copies of work in electronic form.

Miscellaneous Matters Relating to Copyright

Section 87

Transient and incidental copies.

Section 88

Anonymous or pseudonymous works: acts permitted.

Section 89

Use of notes or recordings of spoken words in certain cases.

Section 90

Public reading or recitation of works.

Section 91

Abstracts of scientific or technical articles.

Section 92

Fixations of performances of works of folklore.

Section 93

Representation of certain artistic works on public display.

Section 94

Advertising sale of artistic work.

Section 95

Making of subsequent works by same artist.

Section 96

Reconstruction of buildings.

Section 97

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

Section 98

Playing of sound recordings for clubs, societies, etc.

Section 99

Copying for purpose of broadcast or cable programme.

Section 100

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

Section 101

Recording for purposes of time-shifting.

Section 102

Photographs of television broadcasts or cable programmes.

Section 103

Reception and retransmission of broadcasts in cable programme services.

Section 104

Provision of modified works.

Section 105

Recording for archival purposes.

Section 106

Adaptation of a work.

Chapter 7

Copyright: Moral Rights

Section 107

Paternity right.

Section 108

Exceptions to paternity right.

Section 109

Integrity right.

Section 110

Exceptions to integrity right.

Section 111

Qualification of integrity right in certain cases.

Section 112

Secondary infringement of integrity right: possessing or dealing.

Section 113

False attribution of work.

Section 114

Right to privacy in photographs and films.

Section 115

Duration of moral rights.

Section 116

Waiver of rights.

Section 117

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

Section 118

Moral rights not assignable or alienable.

Section 119

Transmission of moral rights on death.

Chapter 8

Dealings with Rights in Copyright Works

Section 120

Assignment and licences.

Section 121

Prospective ownership of copyright.

Section 122

Exclusive licences.

Section 123

Copyright to pass under will with certain original fixations.

Section 124

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

Section 125

Right to equitable remuneration where rental right transferred.

Section 126

Equitable remuneration: reference of determination of amount to Controller.

Chapter 9

Remedies: Copyright Owner

Section 127

Infringement actionable by copyright owner.

Section 128

Award of damages in infringement action.

Section 129

Action in respect of construction of building.

Section 130

Undertakings concerning licences of right.

Section 131

Order for delivery up.

Section 132

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

Section 133

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

Section 134

Rights of owner of copyright in respect of infringing copy.

Chapter 10

Rights and Remedies: Exclusive Licensee

Section 135

Rights and remedies of exclusive licensee.

Section 136

Exercise of concurrent rights.

Chapter 11

Remedies: Moral Rights

Section 137

Remedies for infringement of moral rights.

Section 138

Action in respect of construction of building.

Chapter 12

Presumptions

Section 139

Presumptions.

Chapter 13

Offences: Copyright

Section 140

Offences.

Section 141

False claims of copyright.

Section 142

Order for delivery up in criminal proceedings.

Section 143

Search warrants and seizure.

Chapter 14

Delivery up and Disposal

Section 144

Period after which remedy for delivery up is not available.

Section 145

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

Section 146

Amendment to section 23 of Trade Marks Act, 1996.

Chapter 15

Provision for Preventing Importation

Section 147

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

Section 148

Power of Revenue Commissioners to make regulations.

Chapter 16

Copyright Licensing

Section 149

Licensing schemes and licensing bodies.

References and Applications Relating to Licensing Schemes

Section 150

General references.

Section 151

Reference of proposed licensing scheme to Controller.

Section 152

Reference of licensing scheme to Controller.

Section 153

Further reference of scheme to Controller.

Section 154

Application for grant of licence in connection with licensing scheme.

Section 155

Review of orders made by Controller.

Section 156

Effect of order of Controller as to licensing scheme.

References and Applications Relating to Licensing by Licensing Bodies

Section 157

General references by licensing bodies.

Section 158

Reference to Controller of proposed licence.

Section 159

Reference to Controller of expiring licence.

Section 160

Application for review of order made by Controller.

Section 161

Effect of order of Controller as to licence.

Licensing: Miscellaneous

Section 162

General considerations: unreasonable discrimination.

Section 163

Licences for reprographic copying.

Section 164

Licences to reflect payments in respect of underlying rights.

Section 165

Licences to reflect conditions imposed by promoters of events.

Section 166

Licences in respect of works included in retransmissions.

Section 167

Implied indemnity in certain schemes and licences for reprographic copying.

Section 168

Power to extend application of scheme or licence.

Section 169

Variation or discharge of order extending scheme or licence.

Section 170

Appeals against orders.

Section 171

Inquiry whether other provisions required.

Section 172

Statutory licence where recommendation not implemented.

Section 173

Certification of licensing schemes.

Cable Retransmissions

Section 174

Collective exercise of certain rights in relation to cable retransmissions.

Chapter 17

Registration of Copyright Licensing Bodies

Section 175

Register of copyright licensing bodies.

Section 176

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

Section 177

Notification of charges.

Section 178

Validity of certificates of registration.

Section 179

Refusal of application.

Section 180

Indemnity for Controller.

Section 181

Obligation of collecting societies to register (copyright).

Chapter 18

Qualification for Copyright Protection

Section 182

Qualification for copyright protection: general.

Section 183

Qualification by reference to author.

Section 184

Qualification for copyright protection: specific.

Section 185

Territorial waters and Continental Shelf.

Section 186

Qualification for copyright in broadcasts and cable programmes.

Section 187

Prohibition on contravention of certain international obligations.

Section 188

Extension of this Part by order.

Section 189

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

Section 190

Restriction of rights by order.

Chapter 19

Government and Oireachtas copyright

Section 191

Government copyright.

Section 192

Copyright in Acts, etc.

Section 193

Houses of the Oireachtas: copyright.

Section 194

Oireachtas copyright.

Section 195

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

Chapter 20

International Organisations

Section 196

Copyright vesting in certain international organisations.

Chapter 21

Anonymous Works

Section 197

Works of folklore.

Chapter 22

Deposit of Certain Copyright Materials

Section 198

Delivery of certain materials to libraries.

Chapter 23

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

Section 199

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

Chapter 24

Copyright: Legal Tender

Section 200

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

Chapter 25

Disposal of Certain Books

Section 201

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

PART III

Rights in Performances

Chapter 1

Performers' Rights

Section 202

Interpretation.

Section 203

Performers' rights: general.

Section 204

Reproduction right of performer.

Section 205

Making available to public copies of recordings of qualifying performances.

Section 206

Distribution right of performers.

Section 207

Rental and lending right of performer.

Section 208

Right to equitable remuneration for exploitation of sound recording.

Chapter 2

Infringement of Performers' Rights

Section 209

Consent required for recording or live transmission of performance.

Section 210

Meaning of illicit recording.

Section 211

Presumptions.

Section 212

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

Section 213

Secondary infringement: providing means for making illicit recording.

Section 214

Secondary infringement: permitting use of apparatus for infringing performances.

Chapter 3

Recording Rights

Section 215

Interpretation.

Section 216

Infringement of recording rights by copying.

Section 217

Infringement of recording rights by use of illicit recording.

Section 218

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

Section 219

Secondary infringement: providing means for making illicit recordings.

Chapter 4

Acts Permitted in Relation to Performances

Section 220

Exemptions in respect of performance.

Section 221

Fair dealing with performances, etc.

Section 222

Incidental use of performances.

Education

Section 223

Copying of a performance for purpose of instruction, etc.

Section 224

Playing of sound recording, etc., at an educational establishment.

Section 225

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

Section 226

Performer's rights not infringed by lending.

Libraries and Archives

Section 227

Regulations relating to copying of recordings by libraries and archives.

Section 228

Libraries and archives: declarations.

Section 229

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

Section 230

Multiple copying.

Section 231

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

Section 232

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

Section 233

Copying by librarians or archivists for certain purposes.

Section 234

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

Section 235

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

Section 236

Copying by librarians or archivists: illicit recording.

Public Administration

Section 237

Parliamentary and judicial proceedings.

Section 238

Statutory inquiries.

Section 239

Copying of material in public records.

Section 240

Material open to public inspection or on statutory register.

Section 241

Acts done under statutory authority.

Recordings in Electronic Form

Section 242

Transfer of copies of recordings in electronic form.

Miscellaneous Matters Relating to Performers' Rights

Section 243

Use of recordings of spoken words in certain cases.

Section 244

Transient and incidental copies.

Section 245

Recordings of works of folklore.

Section 246

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

Section 247

Playing of sound recordings for clubs, societies, etc.

Section 248

Recording for purposes of broadcast or cable programme.

Section 249

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

Section 250

Recording for purposes of time-shifting.

Section 251

Reception and retransmission of broadcast in cable programme service.

Section 252

Provision of modified recordings.

Section 253

Recording for archival purposes.

Section 254

Power of Controller to consent on behalf of performer.

Chapter 5

Delivery Up and Seizure

Section 255

Order for delivery up.

Section 256

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

Section 257

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

Chapter 6

Offences: Performances

Section 258

Offences.

Section 259

False claims of rights in performances.

Section 260

Order for delivery up in criminal proceedings.

Section 261

Search warrants and seizure.

Section 262

False representation of authority to give consent.

Section 263

Period after which remedy of delivery up is not available.

Section 264

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

Chapter 7

Licensing Schemes: Performers' Property Rights Licensing

Section 265

Licensing schemes and licensing bodies.

References and Applications Relating to Licensing Schemes

Section 266

General references.

Section 267

Reference of proposed licensing scheme to Controller.

Section 268

Reference of licensing scheme to Controller.

Section 269

Further reference of scheme to Controller.

Section 270

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

Section 271

Review of orders made by Controller.

Section 272

Effect of order of Controller as to licensing scheme.

References and Applications Relating to Licensing by Licensing Bodies

Section 273

General references by licensing bodies.

Section 274

Reference to Controller of proposed licence.

Section 275

Reference to Controller of expiring licence.

Section 276

Application for review of order made by Controller.

Section 277

Effect of order of Controller as to licence.

Licensing: Miscellaneous

Section 278

General considerations: unreasonable discrimination.

Section 279

Licences to reflect payments in respect of underlying rights.

Chapter 8

Registration of Licensing Bodies in Respect of Performers' Property Rights

Section 280

Register of licensing bodies for performers' property rights.

Section 281

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

Section 282

Notification of charges.

Section 283

Validity of certificates of registration.

Section 284

Refusal of application.

Section 285

Indemnity for Controller.

Section 286

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

Chapter 9

Qualification: Performances

Section 287

Definition of qualifying person.

Section 288

Qualifying performance.

Section 289

Designation of qualifying countries.

Section 290

Territorial waters and Continental Shelf.

Chapter 10

Duration of Rights in Performances

Section 291

Duration of rights.

Chapter 11

Performers' Property Rights

Section 292

Performers' property rights.

Chapter 12

Transmission of Performers' Property Rights

Section 293

Assignment and licences.

Section 294

Prospective ownership of performers' property rights.

Section 295

Exclusive licences.

Section 296

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

Section 297

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

Section 298

Right to equitable remuneration where rental right is transferred.

Section 299

Equitable remuneration: reference of determination of amount to Controller.

Chapter 13

Transmission of Recording Rights and Performers' Non-Property Rights

Section 300

Performers' non-property rights.

Section 301

Transmissibility of rights of person having recording rights.

Section 302

Consent.

Chapter 14

Remedies: Owner of Performers' Property Rights

Section 303

Infringement actionable by rightsowner.

Section 304

Award of damages in infringement action.

Section 305

Undertakings concerning licences of right.

Chapter 15

Rights and Remedies: Exclusive Licensee

Section 306

Rights and remedies of exclusive licensee.

Section 307

Exercise of concurrent rights.

Chapter 16

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

Section 308

Infringement actionable as a breach of statutory duty.

PART IV

Performers' Moral Rights

Section 309

Paternity right.

Section 310

Exceptions to paternity right.

Section 311

Integrity right.

Section 312

Exceptions to integrity right.

Section 313

Secondary infringement of integrity right: possessing or dealing.

Section 314

False attribution of performances.

Section 315

Duration of moral rights.

Section 316

Waiver of rights.

Section 317

Performers' moral rights not assignable or alienable.

Section 318

Transmission of moral rights on death.

Section 319

Remedies for infringement of moral rights.

PART V

Databases

Chapter 1

Rights in Databases

Section 320

Interpretation.

Chapter 2

Subsistence of Database Right

Section 321

Database right.

Chapter 3

Maker and Ownership: Databases

Section 322

Maker of database.

Section 323

First ownership of database right.

Chapter 4

Restricted Acts: Databases

Section 324

Acts restricted by database right.

Chapter 5

Duration of Database Right

Section 325

Term of protection of database right.

Chapter 6

Qualification: Databases

Section 326

Qualification for database right.

Chapter 7

Rights and Obligations of Lawful Users

Section 327

Avoidance of certain terms affecting lawful users.

Chapter 8

Acts Permitted in Respect of Database Right

Section 328

Exemptions in respect of databases.

Section 329

Fair dealing: research or private study.

Education

Section 330

Exception for educational establishments.

Public Administration

Section 331

Parliamentary or judicial proceedings.

Section 332

Statutory inquiries.

Section 333

Copying of material in public records.

Section 334

Material open to public inspection or on statutory register.

Section 335

Databases communicated to Government or Oireachtas.

Section 336

Acts done under statutory authority.

Anonymous or Pseudonymous Databases

Section 337

Anonymous or pseudonymous databases: acts permitted.

Chapter 9

Application of Copyright Provisions to Database Right

Section 338

Application of copyright provisions to database right.

Chapter 10

Presumptions

Section 339

Presumptions relevant to database right.

Chapter 11

Database Right: Licensing

Section 340

Licensing schemes and licensing bodies.

References and Applications Relating to Licensing Schemes

Section 341

General references.

Section 342

Reference of proposed licensing scheme to Controller.

Section 343

Reference of licensing scheme to Controller.

Section 344

Further reference of scheme to Controller.

Section 345

Application for grant of licence in connection with licensing scheme.

Section 346

Review of orders made by Controller.

Section 347

Effect of order of Controller as to licensing scheme.

References and Applications Relating to Licensing by Licensing Bodies

Section 348

General reference by licensing bodies.

Section 349

Reference to Controller of proposed licence.

Section 350

Reference to Controller of expiring licence.

Section 351

Application for review of order made by Controller.

Section 352

Effect of order of Controller as to licence.

Licensing: Miscellaneous

Section 353

General considerations: unreasonable discrimination.

Section 354

Licences to reflect payments in respect of underlying rights.

Chapter 12

Registration of Licensing Bodies in Respect of Database Right

Section 355

Register of licensing bodies for database right.

Section 356

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

Section 357

Notification of charges.

Section 358

Validity of certificates of registration.

Section 359

Refusal of application.

Section 360

Indemnity for Controller.

Section 361

Obligation of collecting societies to register (database rights).

PART VI

Jurisdiction of Controller

Section 362

Jurisdiction of Controller.

Section 363

Rules in relation to proceedings before Controller.

Section 364

Power of Controller to award costs.

Section 365

Appointment of assessors.

Section 366

Appeal to the High Court.

Section 367

References of dispute to arbitrator.

Section 368

Controller may consult Attorney General.

Section 369

Definition of dispute for the purposes of this Chapter.

PART VII

Technological Protection Measures

Chapter 1

Rights Protection Measures

Section 370

Devices designed to circumvent protection.

Section 371

Offence of unlawful reception.

Section 372

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

Section 373

Denial of protection.

Section 374

Non-interference of rights protection measures with permitted acts.

Chapter 2

Rights Management Information

Section 375

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

Section 376

Removal or interference with rights management information.

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

Copyright and Performers' Rights

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 Continental Shelf Act, 1968 1968, No. 14 Copyright Act, 1801 41 Geo.3 c.107 Copyright Act, 1836 6 & 7 Will.4 c.110 Copyright Act, 1911 1911, c.46 Copyright Act, 1963 1963, No. 10 Copyright (Amendment) Act, 1987 1987, No. 24 Currency Act, 1927 1927, No. 32 Decimal Currency Acts, 1969 to 1990 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 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 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 Radio and Television Act, 1988 1988, No. 20 Statute of Limitations, 1957 1957, No. 6 Statutes of Limitations, 1957 and 1991 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 COPYRIGHT IN THE FIELD OF INTELLECTUAL PROPERTY; TO GIVE EFFECT TO COUNCIL DIRECTIVE NO. 93/83/EEC OF 27 SEPTEMBER 19933 ON THE CO-ORDINATION OF CERTAIN RULES CONCERNING COPYRIGHT AND RIGHTS RELATED TO COPYRIGHT 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.

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 (c) in any other case, the High Court; “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 (c) works of artistic craftsmanship; “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; “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; “building” includes any structure; “cable programme” means any item included in a cable programme service; “cable programme service” means a service, including MMDS, 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;

“Controller” means the Controller of Patents, Designs and Trade Marks; “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; “disability” has the same meaning as in section 48 of the Statute of Limitations, 1957 ; “dramatic work” includes a choreographic work or a work of mime; “educational establishment” means— (a) any school, (b) any university to which the Universities Act, 1997 , applies, and (c) any other educational establishment prescribed by the 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; “enactment” means an Act of the Oireachtas or an instrument made thereunder; “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; “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; “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; “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; “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 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;

“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.

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.

Construction of references to copyright.

4.—(1) References in this Act to copyright shall include references to copyright under any previous enactment conferring copyright.

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.

Regulations and orders.

7.—(1) The Minister may make regulations for the purpose of enabling this Act to have full effect.

Laying of regulations and orders.

8.—Every order (other than an order made under section 1

Expenses.

9.—The expenses incurred by the Minister 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.

Prosecution of offences.

11.—(1) Summary proceedings for an offence under this Act may be brought and prosecuted by the Minister.

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.

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, (c) by sending it by post in a prepaid letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address, (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.

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, (c) from the Central Criminal Court to the Court of Criminal Appeal, where the order is made by the Central Criminal Court.

PART II

Copyright

Chapter 1

Subsistence of Copyright Copyright and 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 copyright in a work of that description.

Copyright in literary, 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.

Copyright in sound 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.

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, the producer and the principal director; (c) in the case of a broadcast, the person making the broadcast or 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.

First ownership of copyright.

23.—(1) The author of a work shall be the first owner of the copyright unless— (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 copyright, (c) the work is the subject of the copyright of a prescribed international organisation, or (d) the copyright in the work is conferred on some other person by an enactment.

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.

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; (c) the author of the dialogue of the film; (d) the author of music specifically composed for use 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.

Duration of copyright in broadcasts.

27.—(1) The copyright in a broadcast shall expire 50 years after the broadcast is first lawfully transmitted.

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.

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 copyright shall subsist in respect of each separate item.

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 copyright provided in section 24

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 25 years from the date on which the work is first lawfully made available to the public.

Calculation of term of copyright.

35.—Where a term of copyright is provided for in this Act, the 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 copyright, etc.

36.—Sections 24 to 35 shall not apply to Government or Oireachtas copyright or to the copyright of prescribed international organisations.

Chapter 4

Rights of Copyright Owner Acts restricted by copyright in a work.

37.—(1) Subject to the exceptions specified in Chapter 6 and to any 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; (c) to make an adaptation of the work or to undertake either of the acts referred to in paragraph (a) or (b) in relation to an adaptation, and those acts shall be known and in this Act referred to as “acts restricted by copyright”.

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.

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; (c) in relation to a film, television broadcast or cable programme, 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.

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; (c) broadcasting a copy of the work; (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 work, 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.

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 copyright owner; or (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.

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; (c) a sound recording; or (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.

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.

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.

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, (c) 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 (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, (c) imports into the State, or (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.

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.

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 (c) receiving sounds or images or any combination of sounds 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, 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 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.

Chapter 6

Acts Permitted in Relation to Works Protected by Copyright Exemptions in respect of copyright works.

49.—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.

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.

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.

Incidental inclusion of copyright material.

52.—(1) The copyright in a work is not infringed by its inclusion in an incidental manner in another work.

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.

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— (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.

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, is not a public performance for the purposes of infringement of copyright.

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.

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.

Copyright not infringed by lending.

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

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.

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.

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.

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.

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.

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, or (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.

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.

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 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; (c) for the purposes of compiling or preparing a catalogue; (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.

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 copyright in the work or in any illustrations accompanying the work or in the typographical arrangement.

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.

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

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 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.

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.

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.

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 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.

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.

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.

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 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 register of designs.

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.

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.

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.