Industrial and Commercial Property (Protection) (Amendment) Act, 1958

In short

This law amends the Industrial and Commercial Property (Protection) Act, 1927, specifically concerning copyright related to translations into the Irish language and certain aspects of copyright infringement.

What it regulates

The rights to produce, reproduce, perform, or publish translations of works.
The conditions under which a translation into the Irish language, previously not protected, regains copyright protection.
Exceptions to copyright infringement for criticism, review, or newspaper summaries.
Rules of court for specific sections of the Principal Act.

Who it concerns

Authors and copyright holders of industrial and commercial property.
Individuals or entities involved in translating works into the Irish language.

Key points

The sole right to translate a work into the Irish language is now part of the copyright.
If a translation into Irish was made before this Act came into force and was not protected, it will regain copyright protection.
Publication of such a previously unprotected Irish translation after this Act's commencement will not infringe copyright, unless the first publication occurs more than three years after the Act's commencement.
For criticism, review, or newspaper summaries, the source of any quotation and the author's name must be acknowledged.

Legal text

Industrial and Commercial Property (Protection) (Amendment) Act, 1958 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 1958 Industrial and Commercial Property (Protection) (Amendment) Act, 1958 Industrial and Commercial Property (Protection) (Amendment) Act, 1958 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 Print Full ActPriontáil an tAcht Iomlán Number 21 of 1958. INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) (AMENDMENT) ACT, 1958. ARRANGEMENT OF SECTIONS Section 1. Principal Act. 2. Amendment of section 154 of the Principal Act. 3. Amendment of section 155 of the Principal Act. 4. Rules of court for the purposes of the Principal Act. 5. Short title, construction, collective citation and commencement. Acts Referred to Industrial and Commercial Property (Protection) Act, 1927 1927, No. 16 Number 21 of 1958. INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) (AMENDMENT) ACT, 1958. AN ACT TO AMEND THE INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) ACTS, 1927 TO 1957. [23rd July, 1958.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Principal Act. 1.—In this Act “the Principal Act” means the Industrial and Commercial Property (Protection) Act, 1927 . Amendment of section 154 of the Principal Act. 2.—

(1)Section 154 of the Principal Act as amended by section 8 of the Industrial and Commercial Property (Protection) (Amendment) Act, 1957 (No. 13 of 1957), is hereby further amended— (i) by the substitution for paragraph (a) of subsection

(2)of the following paragraph: “(

a)to produce, reproduce, perform or publish any translation of the work;”; and (
ii)by the deletion of subsection (2A) and subsection (2B).

(2)Where, before the commencement of this Act, the sole right to produce, reproduce, perform or publish any translation of a work into the Irish language ceased to exist by virtue of the operation of subsection

(2)of section 154 of the Principal Act, that sole right shall, as from such commencement again subsist as part of the copyright in that work for the remainder of the term for which such copyright subsists under Part VI of the Principal Act as amended by subsequent enactments including this Act.

(3)(

a)Subject to paragraph (
b)of this subsection, where the sole right to produce, reproduce, perform or publish any translation of a work into the Irish language had, by virtue of the operation of subsection

(2)of section 154 of the Principal Act, ceased to exist before the commencement of this Act and the work was, before such commencement, translated into the Irish language, then, whether or not there has been publication of the translation before such commencement, publication thereof after such commencement shall not constitute an infringement of copyright in the work. (

b)Paragraph (
a)of this subsection shall not apply where the first publication of the translation occurs after the expiration of three years from the commencement of this Act. (
c)In this subsection “publication” has the same meaning as in Part VI of the Principal Act. Amendment of section 155 of the Principal Act. 3.—Section 155 of the Principal Act is hereby amended— (
a)by the addition to paragraph (
i)of subsection

(1)of the following: “provided that, in the case of a criticism, review or newspaper summary, if any quotation from the work is made, the source of the quotation is acknowledged and the name of the author of the work, if it appears thereon, is given;”; (b) by the addition to paragraph (iv) of subsection

(1)of the following: “and that the name of the author of any work from which such passages are taken, if it appears thereon, is given;”. Rules of court for the purposes of the Principal Act. 4.—Notwithstanding the definition of “prescribed” contained in section 3 of the Principal Act— (a) “prescribed” in subsection

(4)of section 85 (in so far as that word relates to an appeal to the court), in subsection

(6)and subsection

(7)of section 91 and in section 129 of that Act shall mean prescribed by rules of court, and (b) section 153 of that Act shall not be construed as enabling the Minister to make rules in relation to any matter appropriate to be provided for by rules of court. Short title, construction, collective citation and commencement. 5.—

(1)This Act may be cited as the Industrial and Commercial Property (Protection) (Amendment) Act, 1958.

(2)The Industrial and Commercial Property (Protection) Acts, 1927 to 1957, and this Act shall be construed together as one and may be cited together as the Industrial and Commercial Property (Protection) Acts, 1927 to 1958.

(3)This Act shall come into operation on such day as the Minister appoints by order. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.