Copyright and Other Intellectual Property Law Provisions Act 2019
What is this act about?
This law, the Copyright and Other Intellectual Property Law Provisions Act 2019, updates existing laws related to copyright, patents, and trademarks. It aims to modernize copyright rules based on recommendations and European Union directives, and makes various changes to how intellectual property claims are handled in courts and the penalties for infringements.
Who it applies to: Individuals and entities involved with copyrighted works, patents, and trademarks; Librarians and archivists, regarding format shifting and fair dealing.
At a glance
- Country
- Ireland
- Area of law
- Intellectual property
- Articles
- 108
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Amendments to the Copyright and Related Rights Act 2000, including copyright exceptions and digital deposit of works.
- Changes to the Patents Act 1992 regarding courts and fines.
- Modifications to the Trade Marks Act 1996 concerning courts and fines.
- A new digital legal deposit scheme.
Who does this act apply to?
- Individuals and entities involved with copyrighted works, patents, and trademarks.
- Librarians and archivists, regarding format shifting and fair dealing.
What are the key points?
- It amends the Copyright and Related Rights Act 2000 based on the "Modernising Copyright" report and Directive 2001/29/EC.
- It introduces "text and data mining for non-commercial research" as a specific provision.
- Sections 31A and 78B of the Copyright and Related Rights Act 2000 are repealed.
- Section 96 of the Trade Marks Act 1996 is repealed.
Intellectual property
Legal text
Legal text
Contents (108)
- Section 1
- Section 2
- Section 3
- Section 4
- Section 5
- Section 6
- Section 7
- Section 8
- Section 9
- Section 10
- Section 11
- Section 12
- Section 13
- Section 14
- Section 15
- Section 16
- Section 17
- Section 18
- Section 19
- Section 20
- Section 21
- Section 22
- Section 23
- Section 24
- Section 25
- Section 26
- Section 27
- Section 28
- Section 29
- Section 30
- Section 31
- Section 32
- Section 33
- Section 34
- Section 35
- Section 36
- Section 37
- Section 38
- Section 39
- Section 40
- Section 41
- Section 42
- Section 43
- Section 44
- Section 45
- Section 46
- Section 47
- Section 48
- Section 49
- Section 50
- Section 51
- Section 52
- Section 53
- Section 54
- Section 55
- Section 56
- Section 57
- Section 58
- Section 59
- Section 60
- Section 61
- Section 62
- Section 63
- Section 64
- Section 65
- Section 66
- Section 67
- Section 68
- Section 69
- Section 70
- Section 71
- Section 72
- Section 73
- Section 74
- Section 75
- Section 76
- Section 77
- Section 78
- Section 79
- Section 80
- Section 81
- Section 82
- Section 83
- Section 84
- Section 85
- Section 86
- Section 87
- Section 88
- Section 89
- Section 90
- Section 91
- Section 92
- Section 93
- Section 94
- Section 95
- Section 96
- Section 97
- Section 98
- Section 99
- Section 100
- Section 101
- Section 102
- Section 103
- Section 104
- Section 105
- Section 106
- Section 107
- Section 108
Copyright and Other Intellectual Property Law Provisions Act 2019 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 2019 Copyright and Other Intellectual Property Law Provisions Act 2019 Copyright and Other Intellectual Property Law Provisions Act 2019 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 19 of 2019 COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAW PROVISIONS ACT 2019 CONTENTS
PART 1
Preliminary and General
Section 1
Section 2
PART 2
Amendment of Copyright and Related Rights Act 2000
Chapter 1
Definition
Section 3
Chapter 2
Court access for intellectual property claims, copyright exceptions and digital deposit of copyright works, etc.
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
Section 21
Section 22
Section 23
Section 24
Section 25
Section 26
Section 27
Section 28
Section 29
Section 30
Section 31
Section 32
Section 33
Section 34
Section 35
Section 36
Section 37
Section 38
Section 39
Chapter 3
Consequential amendments
Section 40
Section 41
Section 42
Section 43
Section 44
Chapter 4
Miscellaneous amendments of Principal Act in relation to education and fines
Section 45
Section 46
PART 3
Amendment of Patents Act 1992 in relation to Courts and Fines
Chapter 1
Definition
Section 47
Chapter 2
Miscellaneous amendments of Act of 1992 in relation to courts
Section 48
Section 49
Section 50
Section 51
Section 52
Section 53
Section 54
Section 55
Section 56
Section 57
Section 58
Section 59
Section 60
Section 61
Section 62
Section 63
Section 64
Section 65
Section 66
Section 67
Section 68
Section 69
Section 70
Section 71
Section 72
Section 73
Section 74
Section 75
Section 76
Section 77
Section 78
Section 79
Section 80
Section 81
Chapter 3
Miscellaneous amendments of Act of 1992 in relation to fines
Section 82
PART 4
Amendment of Trade Marks Act 1996 in relation to Courts and Fines
Chapter 1
Definition
Section 83
Chapter 2
Miscellaneous amendments of Act of 1996 in relation to courts
Section 84
Section 85
Section 86
Section 87
Section 88
Section 89
Section 90
Section 91
Section 92
Section 93
Section 94
Section 95
Section 96
Section 97
Section 98
Section 99
Section 100
Section 101
Section 102
Section 103
Section 104
Section 105
Section 106
Chapter 3
Miscellaneous amendments of Act of 1996 in relation to fines
Section 107
PART 5
Digital Legal Deposit Scheme
Section 108
PART 1
Preliminary and General Short title, collective citations and commencement 1. (1) This Act may be cited as the Copyright and Other Intellectual Property Law Provisions Act 2019.
Part 3
and Schedule 3 may be cited together as the Patents Acts 1992 to 2019.
Part 2
and Schedules 1 and 2 may be cited together as the Copyright and Related Rights Acts 2000 to 2019.
Repeals 2. (1) Sections 31A and 78B of the Copyright and Related Rights Act 2000 are repealed.
(2)
Section 96
of the Trade Marks Act 1996 is repealed.
PART 2
Amendment of Copyright and Related Rights Act 2000
Chapter 1
Definition Definition 3. In this Part and Schedules 1 and 2 , “Principal Act” means the Copyright and Related Rights Act 2000 .
Chapter 2
Court access for intellectual property claims, copyright exceptions and digital deposit of copyright works, etc.
Amendment of section 2 of Principal Act 4. Section 2 of the Principal Act is amended in subsection (1)— (a) by the substitution of the following definition for the definition of “broadcast”: “ ‘broadcast’ means an electronic transmission of sounds, images or data, or any combination or representation thereof, for direct public reception or for presentation to members of the public;”, (b) by the substitution of the following definition for the definition of “Controller”: “ ‘Controller’ means the Controller of Intellectual Property;”, (c) by the substitution of the following definition for the definition of “disability”: “ ‘disability’ has the meaning assigned to it in section 2 of the Disability Act 2005 ;”, (d) in the definition of “educational establishment”— (i) in paragraph (b), by the substitution of “applies,” for “applies, and”, and (ii) by the insertion of the following paragraph after paragraph (b): “(ba) any relevant provider within the meaning of section 2 of the Qualifications and Quality Assurance (Education and Training) Act 2012 , and”, and (e) by the insertion of the following definitions: “ ‘education’ means instruction, lectures, study, research, teaching or training either in an educational establishment or by any person acting under the authority of an educational establishment, and includes all activities necessary or expedient or ancillary to such a programme, and ‘educational purposes’ shall be construed accordingly; ‘electronic transmission’ means a specified transmission through the Internet, a transmission by wireless means and a transmission prescribed for the purposes of this definition, but does not include— (a) a transmission by means of MMDS, or (b) a digital terrestrial retransmission; ‘excluded data information’, means— (a) a computer program (whether in whole or in part), or (b) a program source code of a website; ‘intellectual property claim’ means— (a) any proceedings instituted, application or reference made, or appeal lodged, under the Patents Act 1992 other than an application under section 47, 49, 50, 51, 52, 53, 54, 57, 59, 74, 86, 91, 96, 108, 123 or 124 of that Act, (b) any proceedings instituted, application or reference made, or appeal lodged, under the Trade Marks Act 1996 other than an application under section 25, 51, 52, 57, 65, 67, 72, 77, 78, 79, 85(5), 88 or 97 of that Act, or under paragraph 14(3) of the Second Schedule to that Act in so far as that paragraph relates to an application under section 51 of that Act, (c) any proceedings instituted, application or reference made, or appeal lodged, under this Act other than an application under section 133, 143, 170, 256, 257, 261, 299B, 366 or 367, or
(d) any proceedings instituted, application or reference made, or appeal lodged, under the Industrial Designs Act 2001 other than an application under section 33, 34, 35, 62, 70, 81, 84 or 86 of that Act; ‘rights identifying information’, in relation to a work, means data information (other than excluded data information) about the work, including digital data (whether or not it is incorporated within the work or is otherwise associated with it) that provides information about— (a) the authorship, condition, content, context, origin, ownership, provenance, quality or structure of the work, (b) rights pertaining to or associated with the work, or (c) matters similar to any matter which falls within paragraph (a) or (b); ‘specified transmission through the Internet’ means— (a) a transmission taking place simultaneously through the Internet and by other means, (b) a concurrent transmission of a live event, or (c) a transmission of recorded moving images or sounds, or both, forming part of a programme service offered by the person responsible for making the transmission, being a service in which programmes are transmitted at scheduled times determined by that person;”.
Provisions supplementary to definition of “broadcast”
Amendment of Principal Act - insertion of sections 16A and 16B 6. The Principal Act is amended in Part 1, by the insertion of the following sections after section 16: “Circuit Court 16A. The Circuit Court shall have jurisdiction to hear and determine intellectual property claims.
District Court 16B. (1) The District Court shall have jurisdiction to hear and determine intellectual property claims.
Amendment of section 21 of Principal Act 7. Section 21 of the Principal Act is amended in paragraph (b), by the insertion of “(including the soundtrack accompanying the film)” after “film”.
Amendment of section 24 of Principal Act 8. Section 24 of the Principal Act is amended by the substitution of the following subsection for subsection (1): “(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— (a) the date (if any) on which the work is first lawfully made available to the public, or (b) whether the work is ever lawfully made available to the public.”.
Transitional provisions for section 31A 9. The Principal Act is amended by the insertion of the following section after section 31A: “31B. (1) An act to which subsection (2) applies is not an infringement of the copyright in a design registered under the Industrial Designs Act 2001 if— (a) that act is done pursuant to a contract entered into before the relevant date, and (b) that act, if it were done immediately before the relevant date, would not, by virtue of section 31A, have been such an infringement.
Making available of work not previously made available 10. The Principal Act is amended by the substitution of the following section for section 34: “34. (1) Subject to subsection (2), any person who, after the expiration of the copyright in a work, lawfully makes available to the public for the first time a work which was not previously so made available, shall benefit from rights equivalent to the rights of an author (other than the moral rights) for 25 years from the date on which the work is first lawfully made available to the public.
Amendment of section 37 of Principal Act 11. Section 37 of the Principal Act is amended by the substitution of the following subsection for subsection (3): “(3) For the purposes of any reference in this Act to the undertaking of an act restricted by the copyright in a work— (a) ‘work’ shall be construed as a reference to— (i) the work as a whole, (ii) any substantial part of the work, or (iii) rights identifying information embedded or otherwise incorporated in the work, and (b) the undertaking of an act indirectly, as well as directly, shall be taken to be included in such reference.”.
Amendment of section 51 of Principal Act 12. Section 51 of the Principal Act is amended— (a) by the substitution of the following subsections for subsection (2): “(2) It is not an infringement of the rights conferred by this Part if a copy of a work (other than a photograph) on current economic, political or religious matters or similar matters is made by a media business (within the meaning of section 28A(1) of the Competition Act 2002 ) and communicated by the media business to the public if— (a) such use is not expressly reserved, and (b) the copy and communication are accompanied by a sufficient acknowledgement. (2A) Where a copy which would otherwise be an infringing copy is made under subsection (2) but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.”, and (b) in subsection (3), by the substitution of “this Act” for “this Part”.
Amendment of section 52 of Principal Act 13. Section 52 of the Principal Act is amended by the insertion of the following subsection: “(5) Fair dealing with a work for the purposes of caricature, parody or pastiche shall not infringe the copyright in that work.”.
Text and data mining for non-commercial research 14. The Principal Act is amended by the insertion of the following section after section 53: “53A. (1) Subject to subsection (3), the making of a copy of a work by a person who has lawful access to the work does not infringe copyright in the work where the copy is— (a) made in order that the person may carry out a computational analysis of anything in the work for the sole purpose of research for a non-commercial purpose, and (b) accompanied by a sufficient acknowledgement.
Amendment of Principal Act - substitution of section 57 15. The Principal Act is amended by the substitution of the following sections for section 57: “Illustration for education, teaching or scientific research 57. (1) Subject to subsections (2) to (4), it is not an infringement of the rights conferred by this Part— (a) to make or cause to be made a copy or communication of a work for the sole purpose of illustration for education, teaching or scientific research or of preparation for education, teaching or scientific research, or (b) for an educational establishment, for the educational purposes of that establishment, to reproduce or cause to be reproduced a work, or to do or cause to be done, any other necessary act, in order to display it.
Distance learning provided by educational establishment 57A. It is not an infringement of the rights conferred by this Part for— (a) an educational establishment, for the educational purposes of that establishment, to communicate a work as part of a lesson or examination to a student of that establishment by telecommunication, and (b) a student who has received such a lesson or examination to make a copy of the work in order to be able to listen to or view it at a more convenient time.
Use by educational establishment of work available through Internet 57B. (1) Subject to subsection (2), it is not an infringement of the rights conferred by this Part if an educational establishment, for the educational purposes of that establishment, makes a copy or communication of a work that is available through the Internet.
Licensing schemes for educational establishments 57C. (1) An exemption in respect of education provided in section 57, 57A, 57B, 61(2), 62(2), 67(3), 92, 221, 225B, 225C, 225D, 229(2), 234(3), 245(3)(a) or 329 shall not apply where— (a) there is a licensing scheme certified under section 173 that is applicable to the exemption concerned, and (b) the person making use of the work knew or ought to have been aware of the existence of the licensing scheme.
Amendment of section 59 of Principal Act 16. Section 59 of the Principal Act is amended in subsection (2)— (a) by the substitution of “sections 60 to 70” for “sections 60 to 67”, (b) in paragraphs (a) and (b), by the insertion of “, or causes to be made and supplied,” after “supplies”, (c) in paragraph (c), by the insertion of “, or causes to be made,” after “makes”, and (d) in paragraph (d), by the insertion of “, or causing to be made or supplied,” after “supplying”.
Amendment of section 66 of Principal Act 17. Section 66 of the Principal Act is amended— (a) in subsection (1)— (i) by the insertion of “, or cause to be made,” after “make”, (ii) in paragraph (c), by the insertion of “(including a published catalogue relating to an exhibition)” after “catalogue”, and (b) by the substitution of the following subsection for subsection (2): “(2) This section shall apply to copying— (a) conducted for the curatorial purposes referred to in subsection (1), (b) to an extent reasonably justified by the non-commercial purpose to be achieved, and (c) accompanied by a sufficient acknowledgement.”.
Format shifting by librarians or archivists 18. The Principal Act is amended by the insertion of the following section after section 68: “68A. (1) Subject to subsection (2), it is not an infringement of the rights conferred by this Part where the librarian or archivist of a prescribed library or prescribed archive makes, or causes to be made, a copy of a work, in the permanent collection of the library or archive, in a different form to that which the copy takes if— (a) that librarian or archivist lawfully uses the means used to make the copy, and (b) the copy is made solely for preservation or archival purposes where those purposes are neither directly nor indirectly commercial.
Fair dealing by librarians and archivists 19. The Principal Act is amended by the insertion of the following section before section 70: “69A. (1) Without prejudice to the generality of section 50(1), the communication, by the librarian or archivist of a prescribed library or prescribed archive, to members of the public of copies of works in the permanent collection of the library or archive, by dedicated terminals on the premises of the library or archive, shall constitute fair dealing with the works for the purposes of that section where the communication is— (a) undertaken for the sole purpose of education, teaching, research or private study, and (b) accompanied by a sufficient acknowledgement.
Amendment of section 70 of Principal Act 20. Section 70 of the Principal Act is amended by the substitution of “, 68, 68A or 69A” for “or 68”.
Transitional provisions for section 78B 21. The Principal Act is amended by the insertion of the following section after section 78B: “78C. (1) An act to which subsection (2) applies is not an infringement of the copyright in an artistic work if— (a) that act is done pursuant to a contract entered into before the relevant date, and (b) that act, if it were done immediately before the relevant date, would not, by virtue of section 78B, have been such an infringement.
Use of notes or recordings of spoken words in certain cases 22. The Principal Act is amended by the substitution of the following section for section 89: “89. (1) (a) Paragraph (b) applies where a record of spoken words (including political speeches and extracts from public lectures or similar works) is made, in writing or otherwise, for the purposes of— (i) reporting current events, or (ii) broadcasting, including in a cable programme service, or otherwise communicating to the public, the record. (b) Subject to compliance with the conditions specified in subsection (2), it is not an infringement of the rights conferred by this Part— (i) to use the record or material taken from it for the purposes referred to in paragraph (a), or (ii) to copy the record or material taken from it and use the copy for the purposes referred to in paragraph (a).
Amendment of section 94 of Principal Act 23. Section 94 of the Principal Act is amended by the substitution of the following subsection for subsection (1): “(1) It is not an infringement of the copyright in an artistic work to copy it, or to make available to the public copies of it, for the purpose of advertising the sale or public exhibition of the work if the copying is done, and the copies are used— (a) only to an extent reasonably justified for achieving that purpose, and (b) for no other commercial purpose.”.
Amendment of section 99 of Principal Act 24. Section 99 of the Principal Act is amended by the insertion of the following subsection after subsection (3): “(4) Where, by virtue of subsection (1), a person (in this subsection referred to as ‘the licensee’) is deemed to be licensed by the owner of the copyright in a work to copy or authorise the copying of that work by means of his or her own facilities, such facilities shall include those of a person acting on behalf of and under the responsibility of the licensee.”.
Definitions - sections 103A to 104B 25. The Principal Act is amended by the insertion of the following section after section 103: “103A. In this section and sections 104 to 104B— ‘designated body’ means a designated body as defined in section 104(3); ‘relevant work’ means a work— (a) which is not accessible to a person with a disability because of that disability, and (b) in respect of which a copy can be made and that copy then modified so that the modified copy of the work is accessible to that person.”.
Amendment of section 104 of Principal Act 26. Section 104 of the Principal Act is amended by the substitution of the following subsections for subsection (1): “(1) Subject to subsection (1A) and section 104A(1), a designated body may do any of the following in respect of a relevant work without infringing the copyright in that work: (a) make, or cause to be made, a copy of the work for the purpose of modifying the copy; (b) supply the modified copy of the work to a person with a disability; (c) supply the modified copy of the work to another designated body; (d) receive a modified copy of the work from— (i) another designated body, or (ii) a person with a disability; (e) supply the modified copy of the work that it has received under paragraph (d) to— (i) a person with a disability, or (ii) another designated body. (1A) Subsection (1) shall not apply unless the modified copy concerned of the relevant work— (a) bears or otherwise incorporates an express statement to the effect that the copy has been made under this section, and (b) is accompanied by a sufficient acknowledgement. (1B) (a) Subject to section 104A(1), a use to which paragraph (b) applies may be made of a relevant work by a person with a disability without infringing the copyright in that work provided that the use is for the benefit of the person, is directly related to the disability, is for a non-commercial purpose and is made only to the extent required by the nature of the disability. (b) A use to which this paragraph applies is any of the following: (i) make, or cause to be made, a copy of the relevant work for the purpose of modifying the copy; (ii) access a modified copy of the work which has been modified pursuant to subparagraph (i) or supplied pursuant to subsection (1); (iii) supply such modified copy to a designated body.”.
Amendment of Principal Act - insertion of sections 104A and 104B 27. The Principal Act is amended by the insertion of the following sections after section 104: “Circumstances in which section 104 shall not apply 104A. (1) Section 104 shall not apply to a relevant work where— (a) there is a licensing scheme certified under section 173 that is applicable to section 104 in so far as that work is concerned, and (b) the designated body or person with a disability making, or causing to be made, a modified copy of that work knew or ought to have been aware of the existence of the licensing scheme.
Electronic form of relevant work 104B. (1) Subject to subsection (3), the publisher of a relevant work first published in the State on or after the commencement of section 27 of the Copyright and Other Intellectual Property Law Provisions Act 2019 shall make or cause to be made at least one electronic form of the work which complies with the requirements of subsection (2) unless the publisher already has, in the publisher’s possession, custody or control, at least one electronic form of the work which complies with those requirements.
Amendment of section 173 of Principal Act 28. Section 173 of the Principal Act is amended— (a) in subsection (1), by the substitution of “, 57C” for “, 57”, and (b) in subsection (3), by the substitution of “, 57C” for “, 57”.
Amendment of section 198 of Principal Act 29. Section 198 of the Principal Act is amended by the substitution of the following subsections for subsection (4): “(4) Where, on or after the commencement of section 29 of the Copyright and Other Intellectual Property Law Provisions Act 2019, subsection (1) applies to the publisher of a book referred to in that subsection, a Board or authority referred to in that subsection may, by notice in writing given to the publisher, request that the copy or copies of the book that the Board or authority is entitled to have delivered to it under that subsection be delivered to it in physical form or electronic form, or both, and the publisher shall comply with that request unless the publisher has already given the copy or copies in the form or forms requested before the publisher received that notice. (4A) (a) Where, on or after the commencement of section 29 of the Copyright and Other Intellectual Property Law Provisions Act 2019, a digital publication is first published in the State by a publisher, a Board or authority referred to in subsection (1) may, by notice in writing given to the publisher, request that the publisher comply with that subsection, in so far as that subsection relates to the Board or authority making the request, as if the digital publication were a book referred to in that subsection and the publisher shall comply with that request and subsection (2) shall be construed accordingly. (b) In paragraph (a), ‘digital publication’ means any publication published online or offline which is made available to the public in a medium other than print (including any publication in any digital or electronic or other technological form, but does not include any sound recording or film or any combination thereof).”.
Fair dealing with performances, etc.
Amendment of Principal Act - insertion of sections 225A to 225D 31. The Principal Act is amended by the insertion of the following sections after section 225: “Text and data mining for non-commercial research 225A. (1) Subject to subsection (3), the making of a copy of a performance or recording by a person who has lawful access to the performance or recording does not infringe any of the rights conferred by this Part where the copy is— (a) made in order that the person may carry out a computational analysis of anything in the work for the sole purpose of research for a non-commercial purpose, and (b) accompanied by a sufficient acknowledgement.
Illustration for education, teaching or scientific research 225B. (1) Subject to subsections (2) to (5), it is not an infringement of the rights conferred by this Part— (a) to make or to cause to be made a copy or communication of a recording of a performance for the sole purpose of illustration for education, teaching or scientific research or of preparation for education, teaching or scientific research, or (b) without prejudice to the generality of paragraph (a), for an educational establishment, for the educational purposes of that establishment, to copy or cause to be copied a recording of a performance, or to do or to cause to be done any other reasonably necessary act in order to display it.
Distance learning provided by educational establishment 225C. (1) Subject to subsections (2) and (3), it is not an infringement of the rights conferred by this Part for— (a) an educational establishment, for the educational purposes of that establishment, to communicate a recording of a performance, sound recording, film, broadcast or cable programme as part of a lesson or examination to a student of that establishment by telecommunication, and (b) a student who has received such a lesson or examination to make a copy of such recording, film, broadcast or cable programme in order to be able to listen to or view it at a more convenient time.
Use by educational establishment of recording of performance available through the Internet 225D. (1) Subject to subsection (2), it is not an infringement of the rights conferred by this Part for an educational establishment, for the educational purposes of that establishment, to copy or communicate a recording of a performance that is available through the Internet if that copy or communication is accompanied by a sufficient acknowledgement.
Amendment of section 233 of Principal Act 32. Section 233 of the Principal Act is amended— (a) in subsection (2), by the substitution of “Subsection (1) shall apply to copying conducted for the curatorial purposes specified in that subsection” for “This section shall apply to copying conducted for the curatorial purposes specified in subsection (1)”, and (b) by the insertion of the following subsections: “(3) Subject to subsection (4), the librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make a copy of a recording of a performance in the permanent collection of the library or archive for the purposes of— (a) compiling or preparing a catalogue, or (b) publishing an image or clip from the recording in a catalogue relating to an exhibition, without infringing any copyright in that recording.
Fair dealing by librarians and archivists 33. The Principal Act is amended by the insertion of the following section after section 235: “235A. (1) Without prejudice to the generality of section 50(1), the communication, by a librarian or archivist of a prescribed library or prescribed archive, to members of the public of recordings of performances in the permanent collection of the library or archive, by dedicated terminals on the premises of the library or archive, shall constitute fair dealing with the recording for the purposes of that section where the communication is— (a) undertaken for the sole purpose of education, teaching, research or private study, and (b) accompanied by a sufficient acknowledgement.
Amendment of section 370 of Principal Act 34. Section 370 of the Principal Act is amended by the substitution of the following subsection for subsection (2): “(2) A person who lawfully makes available to the public or re-utilises the copies referred to in subsection (1) has the same rights and remedies as the rightsowner has in respect of an infringement of any of his or her rights under this Act against a person who— (a) (i) makes, (ii) sells, rents or lends, or offers or exposes for sale, rental or loan, (iii) imports into the State, or (iv) has in his or her possession, custody or control, a protection-defeating device, knowing or having reason to believe that it has been or is to be used to circumvent rights protection measures, (b) provides information, or offers or performs any service, intended to enable or assist persons to circumvent rights protection measures, or (c) circumvents rights protection measures in a work otherwise than with the agreement of the rightsowner or pursuant to section 374.”.
Rights protection measures and permitted acts 35. The Principal Act is amended by the substitution of the following section for section 374: “374. (1) Nothing in this Chapter shall be construed as operating to prevent any person from undertaking any act permitted (in this section referred as ‘the permitted act’)— (a) in relation to works protected by copyright under Chapter 6 of Part II, by that Chapter 6, (b) in relation to performances, by Chapter 4 of Part III, or (c) in relation to databases, by Chapter 8 of Part V.
Amendment of section 375 of Principal Act 36. Section 375 of the Principal Act is amended— (a) by the substitution of the following subsection for subsection (1): “(1) (a) The rightsowner or exclusive licensee has the same rights in respect of an infringement of copyright or related rights notwithstanding that he or she is not the person issuing to the public copies of, or communicating, the work to the public. (b) A person lawfully issuing to the public copies of, or lawfully communicating to the public, the work has the same rights as the rightsowner has in respect of an infringement of copyright.”, and (b) in subsection (2), by the substitution of “, embedded in, or appear in connection with, or are otherwise associated with or incorporated in,” for “or appear in connection with”.
Amendment of section 376 of Principal Act 37. Section 376 of the Principal Act is amended in subsection (1), by the insertion of “commit,” after “alteration is to”.
Certain acts infringe rights of rightsowner of rights management information 38. The Principal Act is amended by the insertion of the following section after section 376: “377. It is an infringement of the rights of the rightsowner of rights management information for a person to— (a) remove or alter that information from copies of copyright works, copies of recordings of performances or copies of databases knowing or having reason to believe that the primary purpose or effect of such removal or alteration is to commit, induce, enable, facilitate or conceal an infringement of any right conferred by this Act, (b) make available to the public copies of copyright works or copies of recordings of performances or re-utilise copies of databases, referred to in paragraph (a), knowing or having reason to believe that rights management information has been removed or altered from those copies, or (c) (i) sell, rent or lend, or offer or expose for sale, rental or loan, (ii) import into the State, or (iii) in the course of a business, trade or profession, have in his or her possession, custody or control, copies of copyright works, copies of recordings of performances or copies of databases, referred to in paragraph (a), knowing or having reason to believe that rights management information has been removed or altered from those copies.”.
Amendment of First Schedule to Principal Act 39. The First Schedule to the Principal Act is amended in paragraph 9(1), by the insertion of “which have been made available to the public and” after “duration of copyright in works”.
Chapter 3
Consequential amendments Amendment of section 77 of The Courts of Justice Act 1924 40.
Section 77
of the The Courts of Justice Act 1924 is amended in paragraph A, by the insertion of the following clause after clause (v): “(vi) in an intellectual property claim within the meaning of section 2 of the Copyright and Related Rights Act 2000 where the amount of the claim does not exceed such sum as stands specified by or under any Act of the Oireachtas to be the jurisdiction of the District Court for actions in contract.”.
Amendment of Third Schedule to Courts (Supplemental Provisions) Act 1961 41. The Third Schedule to the Courts (Supplemental Provisions) Act 1961 is amended by the insertion of the following after reference number 29: “ 30.
An intellectual property claim within the meaning of section 2 of the Copyright and Related Rights Act 2000 .
Where the amount of the claim exceeds €75,000.
The judge of the circuit where the defendant or one of the defendants resides or carries on business. ”.
Amendment of Patents Act 1992 42. The Patents Act 1992 is amended— (a) in section 2(1)— (i) by the substitution of the following definition for the definition of “the Controller”: “ ‘Controller’ means the Controller of Intellectual Property;”, and (ii) by the substitution of the following definition for the definition of “the Office”: “ ‘Office’ means the Intellectual Property Office of Ireland;”, (b) in section 6, by the insertion of the following subsections after subsection (4): “(5) The Patents Office continued in being by this section shall, from the commencement of section 42 of the Copyright and Other Intellectual Property Law Provisions Act 2019, cease to be known as the Patents Office and instead be known as the Intellectual Property Office of Ireland.
Amendment of section 2 of Trade Marks Act 1996 43.
Section 2
of the Trade Marks Act 1996 is amended in subsection (1)— (a) by the substitution of the following definition for the definition of “the Controller”: “ ‘Controller’ means the Controller of Intellectual Property;”, and (b) by the substitution of the following definition for the definition of “the Office”: “ ‘Office’ means the Intellectual Property Office of Ireland;”.
Amendment of section 2 of Industrial Designs Act 2001 44.
Section 2
of the Industrial Designs Act 2001 is amended in subsection (1), by the substitution of the following definition for the definition of “Controller”: “ ‘Controller’ means the Controller of Intellectual Property;”.
Chapter 4
Miscellaneous amendments of Principal Act in relation to education and fines Miscellaneous amendments of Principal Act in relation to education 45. (1) The provision of the Principal Act specified in column (2), opposite a reference number specified in column (1), is amended by the substitution of the words specified in column (4), opposite that reference number, for the words specified in column (3) opposite that reference number.
Miscellaneous amendments of Principal Act in relation to fines 46. (1) The provision of the Principal Act specified in column (2), opposite a reference number specified in column (1), is amended by the substitution of the words specified in column (4), opposite that reference number, for the words specified in column (3) opposite that reference number.
PART 3
Amendment of Patents Act 1992 in relation to Courts and Fines
Chapter 1
Definition Definition 47. In this Part and Schedule 3, “Act of 1992” means the Patents Act 1992 .
Chapter 2
Miscellaneous amendments of Act of 1992 in relation to courts Amendment of section 2 of Act of 1992 48. Section 2 of the Act of 1992 is amended in subsection (1)— (a) by the deletion of the definition of “the Court”, (b) in the definition of “prescribed”, by the substitution of “the appropriate court” for “the Court”, and (c) by the insertion of the following definition: “ ‘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;”.
Amendment of section 38 of Act of 1992 49. Section 38 of the Act of 1992 is amended in subsections (1), (2), (5), (6) and (7) by the substitution of “appropriate court” for “Court” in each place that it occurs.
Amendment of section 45 of Act of 1992 50. Section 45 of the Act of 1992 is amended in subsection (3) by the substitution of “appropriate court” for “Court”.
Amendment of section 46 of Act of 1992 51. Section 46 of the Act of 1992 is amended in subsections (2) and (3) by the substitution of “appropriate court” for “Court” in each place that it occurs.
Amendment of section 47 of Act of 1992 52. Section 47 of the Act of 1992 is amended in subsections (1) and (2) by the substitution of “High Court” for “Court” in each place that it occurs.
Amendment of section 49 of Act of 1992 53. Section 49 of the Act of 1992 is amended in subsections (2) and (3) by the substitution of “High Court” for “Court”.
Amendment of section 50 of Act of 1992 54. Section 50 of the Act of 1992 is amended— (a) in subsections (1), (2) and (3), by the substitution of “High Court” for “Court” in each place that it occurs, and (b) in subsection (4)— (i) by the substitution of “The High Court” for “The Court”, and (ii) by the substitution of “High Court’s” for “Court’s”.
Amendment of section 51 of Act of 1992 55. Section 51 of the Act of 1992 is amended in subsection (1) by the substitution of “High Court” for “Court”.
Amendment of section 52 of Act of 1992 56. Section 52 of the Act of 1992 is amended in subsections (1) and (2) by the substitution of “High Court” for “Court” in each place that it occurs.
Amendment of section 53 of Act of 1992 57. Section 53 of the Act of 1992 is amended in subsection (1) by the substitution of “High Court” for “Court”.
Amendment of section 54 of Act of 1992 58. Section 54 of the Act of 1992 is amended in subsections (1) and (2) by the substitution of “High Court” for “Court”.
Amendment of section 56 of Act of 1992 59. Section 56 of the Act of 1992 is amended in subsections (1) and (3) by the substitution of “appropriate court” for “Court” in each place that it occurs.
Amendment of section 57 of Act of 1992 60. Section 57 of the Act of 1992 is amended in subsections (1), (2), (5) and (6) by the substitution of “High Court” for “Court” in each place that it occurs.
Amendment of section 59 of Act of 1992 61. Section 59 of the Act of 1992 is amended in subsections (1), (2) and (3) by the substitution of “High Court” for “Court” in each place that it occurs.
Amendment of section 62 of Act of 1992 62. Section 62 of the Act of 1992 is amended by the substitution of “appropriate court” for “Court” in each place that it occurs.
Amendment of section 66 of Act of 1992 63. Section 66 of the Act of 1992 is amended by the substitution of the following subsection for subsection (5): “(5) References to the High Court in sections 47, 49, 50, 51, 52 and 54 in relation to an action for infringement of a short-term patent shall be construed as including references to the Circuit Court.”.
Amendment of section 74 of Act of 1992 64. Section 74 of the Act of 1992 is amended in subsection (3), by the substitution of “High Court” for “Court” in each place that it occurs.
Amendment of section 77 of Act of 1992 65. Section 77 of the Act of 1992 is amended in subsection (6) by the substitution of “appropriate court” for “Court” in each place that it occurs.
Amendment of section 81 of Act of 1992 66. Section 81 of the Act of 1992 is amended in subsections (1), (2) and (4) by the substitution of “appropriate court” for “Court” in each place that it occurs.
Amendment of section 82 of Act of 1992 67. Section 82 of the Act of 1992 is amended in subsection (1) by the substitution of “appropriate court” for “Court”.
Amendment of section 86 of Act of 1992 68. Section 86 of the Act of 1992 is amended in subsections (1), (2), (3), (4), (5), (6) and (7) by the substitution of “High Court” for “Court” in each place that it occurs.
Amendment of section 91 of Act of 1992 69. Section 91 of the Act of 1992 is amended in subsection (2) by the substitution of “High Court” for “Court” in each place that it occurs.
Amendment of section 92 of Act of 1992 70. Section 92 of the Act of 1992 is amended in subsection (5) by the substitution of “High Court” for “Court”.
Amendment of section 95 of Act of 1992 71. Section 95 of the Act of 1992 is amended— (a) in subsection (1), by the substitution of “appropriate court” for “Court” in each place that it occurs, and (b) in subsection (3), by the substitution of “by the appropriate court” for “by the Court”.
Amendment of section 96 of Act of 1992 72. Section 96 of the Act of 1992 is amended— (a) in subsections (1), (3) and (4) by the substitution of “High Court” for “Court”, (b) in subsection (5) by the substitution of “the High Court” for “the Court”, (c) in subsection (6)(a) by the substitution of “High Court” for “Court” in each place that it occurs, and (d) in subsection (7) by the substitution of “the High Court” for “the Court”.
Amendment of section 101 of Act of 1992 73. Section 101 of the Act of 1992 is amended by the substitution of “appropriate court” for “Court”.
Amendment of section 106 of Act of 1992 74. Section 106 of the Act of 1992 is amended in subsections (4) and (8) by the substitution of “appropriate court” for “Court” in each place that it occurs.
Amendment of section 108 of Act of 1992 75. Section 108 of the Act of 1992 is amended— (a) in subsections (4) and (6) by the substitution of “High Court” for “Court” in each place that it occurs, and (b) in subsection (7) by the substitution of “the High Court” for “the Court” in each place that it occurs.
Amendment of section 119 of Act of 1992 76. Section 119 of the Act of 1992 is amended in subsection (3) by the substitution of “appropriate court” for “Court” in each place that it occurs.
Amendment of section 121 of Act of 1992 77. Section 121 of the Act of 1992 is amended in subsection (1) by the substitution of “appropriate court” for “Court”.
Amendment of section 123 of Act of 1992 78. Section 123 of the Act of 1992 is amended— (a) in subsection (1) by the substitution of “High Court” for “Court”, (b) in subsections (3) and (4) by the substitution of “the High Court” for “the Court”, (c) in subsection (5) by the substitution of “High Court” for “Court” in each place that it occurs, (d) in subsection (6) by the substitution of “the High Court” for “the Court” in each place that it occurs, and (e) in subsection (7)(b) by the substitution of “High Court” for “Court”.
Amendment of section 124 of Act of 1992 79. Section 124 of the Act of 1992 is amended— (a) in subsection (1) by the substitution of “the High Court” for “the Court”, and (b) in subsection (2) by the substitution of “The High Court” for “The Court”.
Amendment of section 130 of Act of 1992 80. Section 130 of the Act of 1992 is amended in subsection (2) by the substitution of “appropriate court” for “Court”.
Amendment of section 131 of Act of 1992 81. Section 131 of the Act of 1992 is amended in paragraph (a) by the substitution of “the appropriate court” for “the Court” in each place that it occurs.
Chapter 3
Miscellaneous amendments of Act of 1992 in relation to fines Miscellaneous amendments of Act of 1992 in relation to fines 82. (1) The provision of the Act of 1992 specified in column (2), opposite a reference number specified in column (1), is amended by the substitution of the words specified in column (4), opposite that reference number, for the words specified in column (3) opposite that reference number.
PART 4
Amendment of Trade Marks Act 1996 in relation to Courts and Fines
Chapter 1
Definition Definition 83. In this Part and Schedule 4 , “Act of 1996” means the Trade Marks Act 1996 .
Chapter 2
Miscellaneous amendments of Act of 1996 in relation to courts Amendment of section 2 of Act of 1996 84. Section 2 of the Act of 1996 is amended in subsection (1)— (a) by the deletion of the definition of “the Court”, (b) in the definition of “prescribed”, by the substitution of “the appropriate court” for “the Court”, and (c) by the insertion of the following definition: “ ‘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;”.
Amendment of section 19 of Act of 1996 85. Section 19 of the Act of 1996 is amended in subsections (1) and (2) by the substitution of “appropriate court” for “Court” in each place that it occurs.
Amendment of section 20 of Act of 1996 86. Section 20 of the Act of 1996 is amended in subsections (1), (2) and (4) by the substitution of “appropriate court” for “Court” in each place that it occurs.
Amendment of section 23 of Act of 1996 87. Section 23 of the Act of 1996 is amended— (a) in subsections (1) and (2) by the substitution of “appropriate court” for “Court” in each place it occurs, (b) in subsection (3) by the substitution of “the appropriate court” for “the Court”, and (c) in subsections (4) and (5) by the substitution of “appropriate court” for “Court”.
Amendment of section 24 of Act of 1996 88. Section 24 of the Act of 1996 is amended in subsection (1) by the substitution of “appropriate court” for “Court”.
Amendment of section 29 of Act of 1996 89. Section 29 of the Act of 1996 is amended— (a) in subsection (2)(e) by the substitution of “the appropriate court” for “a court”, and (b) in subsection (4) by the substitution of “appropriate court” for “Court” in each place that it occurs.
Amendment of section 34 of Act of 1996 90. Section 34 of the Act of 1996 is amended in subsections (4) and (6) by the substitution of “appropriate court” for “Court” in each place that it occurs.
Amendment of section 36 of Act of 1996 91. Section 36 of the Act of 1996 is amended in subsections (1), (3)(a) and (c), (4) and (5) by the substitution of “appropriate court” for “Court” in each place that it occurs.
Amendment of section 51 of Act of 1996 92. Section 51 of the Act of 1996 is amended in subsections (4) and (6)(b) by the substitution of “High Court” for “Court” in each place that it occurs.
Amendment of section 52 of Act of 1996 93. Section 52 of the Act of 1996 is amended in subsections (3) and (4) by the substitution of “High Court” for “Court” in each place that it occurs.
Amendment of section 57 of Act of 1996 94. Section 57 of the Act of 1996 is amended in subsection (2)(d) by the substitution of “courts” for “Courts”.
Amendment of section 65 of Act of 1996 95. Section 65 of the Act of 1996 is amended in subsection (4) by the substitution of “High Court” for “Court”.
Amendment of section 67 of Act of 1996 96. Section 67 of the Act of 1996 is amended in subsections (2) and (3) by the substitution of “High Court” for “Court” in each place that it occurs.
Amendment of section 72 of Act of 1996 97. Section 72 of the Act of 1996 is amended in subsections (1), (2) and (3) by the substitution of “High Court” for “Court” in each place that it occurs.
Amendment of section 77 of Act of 1996 98. Section 77 of the Act of 1996 is amended in subsections (1) and (2) by the substitution of “High Court” for “Court” in each place that it occurs.
Amendment of section 78 of Act of 1996 99. Section 78 of the Act of 1996 is amended in subsections (1) and (2) by the substitution of “High Court” for “Court” in each place that it occurs.
Amendment of section 79 of Act of 1996 100. Section 79 of the Act of 1996 is amended in subsections (1)(a), (2)(a) and (b) and (3) by the substitution of “the High Court” for “the Court” in each place that it occurs.
Amendment of section 80 of Act of 1996 101. Section 80 of the Act of 1996 is amended by the substitution of “any court” for “Courts”.
Amendment of section 85 of Act of 1996 102. Section 85 of the Act of 1996 is amended— (a) in subsection (5) by the substitution of “High Court” for “Court” in each place that it occurs, and (b) in subsection (8)(b) by the substitution of “appropriate court” for “Court”.
Amendment of section 88 of Act of 1996 103. Section 88 of the Act of 1996 is amended— (a) in subsections (3), (4) and (5) by the substitution of “High Court” for “Court” in each place that it occurs, and (b) in subsection (6)— (i) by the substitution of “decision of the High Court” for “decision of the Court”, and (ii) by the substitution of “leave of the High Court” for “leave of the Court”.
Amendment of section 97 of Act of 1996 104. Section 97 of the Act of 1996 is amended in subsection (3) by the substitution of “High Court” for “Court”.
Amendment of First Schedule to Act of 1996 105. The First Schedule to the Act of 1996 is amended in paragraph 11(4)(a) and (6) by the substitution of “appropriate court” for “Court” in each place that it occurs.
Amendment of Second Schedule to Act of 1996 106. The Second Schedule to the Act of 1996 is amended— (a) in paragraph 13(4)(a) and (6) by the substitution of “appropriate court” for “Court” in each place that it occurs, and (b) in paragraph 14(3) by the substitution of “High Court” for “Court”.
Chapter 3
Miscellaneous amendments of Act of 1996 in relation to fines Miscellaneous amendments of Act of 1996 in relation to fines 107. (1) The provision of the Act of 1996 specified in column (2), opposite a reference number specified in column (1), is amended by the substitution of the words specified in column (4), opposite that reference number, for the words specified in column (3) opposite that reference number.
PART 5
Digital Legal Deposit Scheme Digital legal deposit scheme 108. Within twelve months of the enactment of this Act the Government shall bring forward a report on the feasibility of establishing a digital legal deposit scheme to serve as a web archive for .ie domain contents and advise on steps taken towards that goal.
SCHEDULE 1 Miscellaneous Amendments of Principal Act in Relation to Education
Section 45
Table Reference No.
Section 46
Reference No.
Section 82
Reference No.
Section 107
Reference No.