Copyright Act, 1963

Copyright Act, 1963 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 1963 Copyright Act, 1963 Copyright Act, 1963 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 10 of 1963. COPYRIGHT ACT, 1963. ARRANGEMENT OF SECTIONS Part I PRELIMINARY AND GENERAL Section 1. Short title and commencement. 2. Interpretation generally. 3. Supplementary provisions as to interpretation. 4. Orders, rules and regulations. 5. Expenses. 6. Transitional provisions and repeals. PART II COPYRIGHT IN ORIGINAL WORKS 7. Nature of copyright. 8. Copyright in literary, dramatic and musical work. 9. Copyright in artistic works. 10. Ownership of copyright in literary, dramatic, musical and artistic works. 11. Infringements by importation, sale and other dealings. 12. General exceptions from protection of literary, dramatic or musical works. 13. Special exception in respect of records of musical works. 14. General exceptions from protection of artistic works. 15. Anonymous and pseudonymous works. 16. Works of joint authorship. PART III COPYRIGHT IN SOUND RECORDINGS, CINEMATOGRAPH FILMS, BROADCASTS, ETC 17. Copyright in sound recordings. 18. Copyright in cinematograph films. 19. Copyright in television broadcasts and sound broadcasts. 20. Copyright in published editions of works. 21. Supplementary provisions for purposes of Part III. PART IV REMEDIES FOR INFRINGEMENT OF COPYRIGHT 22. Action by owner of copyright for infringement. 23. Limitation on amount of plaintiff's costs in certain actions for infringement of copyright. 24. Rights of owner of copyright in respect of infringing copies. 25. Proceedings in case of copyright subject to exclusive licence. 26. Proof of facts in copyright actions. 27. Penalties and summary proceedings in respect of dealings which infringe copyright. 28. Provision for restricting importation of infringing copies. PART V JURISDICTION OF THE CONTROLLER OF INDUSTRIAL AND COMMERCIAL PROPERTY 29. Definitions for purposes of Part V. 30. General provisions as to jurisdiction of the Controller. 31. Determination by the Controller of certain matters relating to royalties under section 13 and remuneration under sections 17 and 48. 32. Reference of licence schemes to the Controller. 33. Further reference of scheme to the Controller. 34. Applications to the Controller. 35. Rules of procedure. 36. Fees. 37. Power of the Controller to award costs. 38. Appointment of assessors. 39. Effects of orders of the Controller. 40. Appeal to the High Court. 41. Reference of cases of dispute to arbitration. 42. Controller may consult the Attorney General. PART VI APPLICATION OF ACT TO OTHER COUNTRIES 43. Power to extend benefit of Act to other countries. 44. Copyright in publications of certain international organisations. 45. Extended application of provisions relating to broadcasts. 46. Denial of copyright to citizens of countries not giving adequate protection to Irish works. PART VII MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS 47. Assignments and licences in respect of copyright. 48. Broadcasting of works incorporated in a cinematograph film. 49. Prospective ownership of, copyright. 50. Copyright to pass under will with unpublished work. 51. Copyright in Government publications. 52. Broadcasts of sound recordings and cinematograph films and diffusion of broadcast programmes. 53. Use of copyright material for education. 54. False attribution of authorship. 55. Register to be kept by proprietors of theatres, etc. 56. Delivery of books to certain libraries. 57. Copyright in Irish legal tender notes, consolidated bank notes and in Irish coins. 58. Disposal of books of King's Inns Library, Dublin. 59. Amendment of section 70 of Act of 1927. 60. Savings. FIRST SCHEDULE SECOND SCHEDULE Acts Referred to (Charter Amendment) Act, 1960 1960. No. 1.(private) Broadcasting Authority Act, 1960 1960, No. 10 Wireless Telegraphy Act, 1926 1926, No. 45 Courts of Justice Act, 1936 1936, No. 48 Statute of Limitations, 1957 1957, No. 6 The Public Offices Fees Act, 1879 1879, c. 58 Coinage Act, 1926 1926, No. 14 Currency Act, 1927 1927, No. 32 Coinage Act, 1950 1950, No. 32 King's Inns Library Act, 1945 1945, No. 22 Copyright Act, 1801 1801, c. 107 Copyright Act, 1836 1836, c. 110 Copyright (Preservation) Act, 1929 1929, No. 25 Industrial and Commercial Property (Protection) (Amendment) Act, 1957 1957, No. 13 Copyright Act, 1911 1911, c. 46 Number 10 of 1963. COPYRIGHT ACT, 1963. AN ACT TO MAKE NEW PROVISION IN RESPECT OF COPYRIGHT AND RELATED MATTERS, IN SUBSTITUTION FOR THE PROVISIONS OF PARTS VI AND VII OF THE INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) ACT, 1927 , AND OTHER ENACTMENTS RELATING THERETO, AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID. [8th April, 1963.] 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 Act, 1963. (2) This Act shall come into operation on such day as the Minister may by order appoint; and different days may be appointed for the purposes of different provisions of this Act, and, for the purposes of any provision of this Act whereby enactments are repealed, different days may be appointed for the operation of the repeal in relation to different enactments, including different enactments in the same Act. Interpretation generally. 2.—(1) In this Act, except in so far as the context otherwise requires— “the Act of 1927” means the Industrial and Commercial Property (Protection) Act, 1927 ; “adaptation” in relation to a literary, dramatic or musical work, has the meaning assigned to it by section 8 of this Act; “artistic work” has the meaning assigned to it by section 9 of this Act; “building” includes any structure; “cinematograph film” has the meaning assigned to it by section 18 of this Act; “construction” includes erection, and references to reconstruction shall be construed accordingly; “Controller” means the Controller of Industrial and Commercial Property appointed under the Industrial and Commercial Property (Protection) Act, 1927 ; “dramatic work” includes a choreographic work or entertainment in dumb show if reduced to writing in the form in which the work or entertainment is to be presented, but does not include a cinematograph film, as distinct from a scenario or script for a cinematograph film; “drawing” includes any diagram, map, chart or plan; “engraving” includes any etching, lithograph, woodcut, print or similar work not being a photograph; “future copyright” and “prospective owner” have the meanings assigned to them by section 49 of this Act; “judicial proceeding” means a proceeding before any court, tribunal or person having by law power to hear, receive and examine evidence on oath; “literary work” includes any written table or compilation; “manuscript”, in relation to a work, means the original document embodying the work, whether written by hand or not; “the Minister” means the Minister for Industry and Commerce; “performance” includes delivery, in relation to lectures, addresses, speeches and sermons, and in general, subject to the provisions of subsection (5) of this section, includes any mode of visual or acoustic presentation, including any such presentation by the operation of wireless telegraph apparatus, or by the exhibition of a cinematograph film, or by the use of a record, or by any other means, and references to performing a work or an adaptation of a work shall be construed accordingly; “photograph” means any product of photography or of any process akin to photography, other than a part of a cinematograph film, and “author”, in relation to a photograph, means the person who, at the time when the photograph is taken, is the owner of the material on which it is taken; “qualified person” has the meaning assigned to it by section 7 of this Act; “Radio Éireann” means the broadcasting authority established by virtue of section 3 of the Broadcasting Authority Act, 1960 ; “record” means any disc, tape, perforated roll or other device in which sounds are embodied so as to be capable (with or without the aid of some other instrument) of being automatically reproduced therefrom, and references to a record of a work or other subject-matter are references to a record (as herein defined) by means of which it can be performed; “reproduction”, in the case of a literary, dramatic or musical work, includes a reproduction in the form of a record or of a cinematograph film, and, in the case of an artistic work includes a version produced by converting the work into a three-dimensional form, or, if it is in three dimensions, by converting it into a two-dimensional form, and references to reproducing a work shall be construed accordingly; “sculpture” includes any cast or model made for purposes of sculpture; “sound recording” has the meaning assigned to it by section 17 of this Act; “sufficient acknowledgement” has the meaning assigned to it by section 12 of this Act; “television broadcast” and “sound broadcast” have the meanings assigned to them by section 19 of this Act; “wireless telegraphy apparatus” has the same meaning as “apparatus for wireless telegraphy” has in the Wireless Telegraphy Act, 1926 , as amended by the Broadcasting Authority Act, 1960 ; “work of joint authorship” has the meaning assigned to it by section 16 of this Act; “writing” includes any form of notation, whether by hand or by printing, typewriting or other process. (2) References in this Act to broadcasting are references to broadcasting by wireless telegraphy (within the meaning of the Wireless Telegraphy Act, 1926 , as amended by the Broadcasting Authority Act, 1960 ) whether by way of sound broadcasting or by television. (3) References in this Act to the transmission of a work or other subject-matter to subscribers to a diffusion service are references to the transmission thereof in the course of a service of distributing broadcast programmes, or other programmes (whether provided by the person operating the service or other persons), over wires, or other paths provided by a material substance, to the premises of subscribers to the service; and for the purposes of this Act where a work or other subject-matter is so transmitted— (a) the person operating the service (that is to say, the person who, in the agreements with the subscribers to the service, undertakes to provide them with the service, whether he is the person who transmits the programmes or not) shall be taken to be the person causing the work or other subject-matter to be so transmitted, and (b) no person, other than the person operating the service, shall be taken to be causing it to be so transmitted, notwithstanding that he provides any facilities for the transmission of the programmes: Provided that, for the purposes of this subsection, and of references to which this subsection applies, no account shall be taken of a service of distributing broadcast or other programmes, where the service is only incidental to a business of keeping or letting premises where persons reside or sleep, and is operated as part of the amenities provided exclusively or mainly for residents or inmates therein. (4) References in this Act to the doing of any act by the reception of a television broadcast or sound broadcast made by Radio Éireann are references to the doing of that act by means of receiving the broadcast either— (a) from the transmission whereby the broadcast is made by Radio Éireann, or (b) from a transmission made by Radio Éireann otherwise than by way of broadcasting, but simultaneously with the transmission mentioned in the preceding paragraph, whether (in either case) the reception of the broadcast is directly from the transmission in question or from a re-transmission thereof made by any person from any place, whether in the State or elsewhere; and in this subsection “re-transmission” means any retransmission whether over paths provided by a material substance or not, including any re-transmission made by making use of any record, print, negative, tape or other article on which the broadcast in question has been recorded. (5) For the purposes of this Act, broadcasting, or the causing of a work or other subject-matter to be transmitted to subscribers to a diffusion service, shall not be taken to constitute performance, or to constitute causing visual images or sounds to be seen or heard; and where visual images or sounds are displayed or emitted by any receiving apparatus, to which they are conveyed by the transmission of electromagnetic signals (whether over paths provided by a material substance or not)— (a) the operation of any apparatus whereby the signals are transmitted, directly or indirectly, to the receiving apparatus shall not be taken to constitute performance or to constitute causing the visual images or sounds to be seen or heard; but (b) in so far as the display or emission of the images or sounds constitutes a performance, or causes them to be seen or heard, the performance, or the causing of the images to be seen or heard, as the case may be, shall be taken to be effected by the operation of the receiving apparatus. (6) (a) Without prejudice to the last preceding subsection, where a work or an adaptation of a work is performed, or visual images or sounds are caused to be seen or heard, by the operation of any apparatus to which this subsection applies, being apparatus provided by or with the consent of the occupier of the premises where the apparatus is situated, the occupier of those premises shall, for the purposes of this Act, be taken to be the person giving the performance, or causing the images or sounds to be seen or heard, whether he is the person operating the apparatus or not. (b) This subsection applies to any such receiving apparatus as is mentioned in the last preceding subsection, and to any apparatus for reproducing sounds by the use of a record. (7) Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment. Supplementary provisions as to interpretation. 3.—(1) Except in so far as the context otherwise requires, any reference in this Act to the doing of an act in relation to a work or other subject-matter shall be taken to include a reference to the doing of that act in relation to a substantial part thereof, and any reference to a reproduction, adaptation or copy of a work, or a record embodying a sound recording, shall be taken to include a reference to a reproduction, adaptation or copy of a substantial part of the work, or a record embodying a substantial part of the sound recording, as the case may be: Provided that, for the purposes of the following provisions of this Act, namely, subsections (1) and (2) of section 8, subsections (2) and (3) of section 9, subsections (2) and (3) of section 44, section 50, and subsections (3) to (5) of section 51, this subsection shall not affect the construction of any reference to the publication, or absence of publication, of a work. (2) With regard to publication, the provisions of this subsection shall have effect for the purposes of this Act, that is to say— (a) the performance, or the issue of records, of a literary, dramatic or musical work, the exhibition of an artistic work, the construction of a work of architecture, and the issue of photographs or engravings of a work of architecture or of a sculpture, do not constitute publication of the work; (b) except in so far as it may constitute an infringement of copyright, or a contravention of any restriction imposed by section 54 of this Act, a publication which is merely colourable, and not intended to satisfy the reasonable requirements of the public shall be disregarded; (c) subject to the preceding paragraphs of this subsection, a literary, dramatic or musical work, or an edition of such a work, or an artistic work, shall be taken to have been published if, but only if, reproductions of the work or edition have been issued to the public; (d) a publication in the State, or outside the State, shall not be treated as being other than the first publication by reason only of an earlier publication elsewhere, if the two publications took place within a period of not more than thirty days; and in determining for the purposes of paragraph (c) of this subsection, whether reproductions of a work have been issued to the public, subsection (1) of this section shall not apply. (3) In determining for the purposes of any provision of this Act— (a) whether a work or other subject-matter has been published, or (b) whether a publication of a work or other subject-matter was the first publication thereof, or (c) whether a work or other subject-matter was published or otherwise dealt with in the lifetime of a person, no account shall be taken of any unauthorised publication or of the doing of any other unauthorised act; and a publication or other act shall for the purposes of this subsection be taken to have been unauthorised— (i) if copyright subsisted in the work or other subject-matter and the act in question was done otherwise than by, or with the licence of, the owner of the copyright, or (ii) if copyright did not subsist in the work or subject-matter, and the act in question was done otherwise than by, or with the licence of, the author (or, in the case of a sound recording or a cinematograph film, or an edition of a literary, dramatic or musical work, the maker or publisher, as the case may be) or persons lawfully claiming under him: so, however, that nothing in this subsection shall affect any provisions of this Act as to the acts restricted by any copyright or as to acts constituting infringements of copyrights, or any provisions of section 54 of this Act. (4) References in this Act to the time at which, or the period during which, a literary, dramatic or musical work was made are references to the time or period at or during which it was first reduced to writing or some other material form. (5) In the case of any copyright to which (whether in consequence of a partial assignment or otherwise) different persons are entitled in respect of the application of the copyright— (a) to the doing of different acts or classes of acts, or (b) to the doing of one or more acts or classes of acts in different countries or at different times, the owner of the copyright, for any purpose of this Act, shall be taken to be the person who is entitled to the copyright in respect of its application to the doing of the particular act or class of acts, or, as the case may be, to the doing thereof in the particular country or at the particular time, which is relevant to the purpose in question; and in relation to any future copyright to which different persons are prospectively entitled, references in this Act to the prospective owner shall be construed accordingly. (6) Without prejudice to the generality of the last preceding subsection of this section, where under any provision of this Act a question arises whether an article of any description has been imported or sold, or otherwise dealt with, without the licence of the owner of any copyright, the owner of the copyright, for the purpose of determining that question, shall be taken to be the person entitled to the copyright in respect of its application to the making of articles of that description in the country into which the article was imported, or, as the case may be, in which it was sold or otherwise dealt with. (7) Where the doing of anything is authorised by the grantee of a licence, or a person deriving title from the grantee, and it is within the terms (including any implied terms) of the licence for him to authorise it, it shall for the purposes of this Act be taken to be done with the licence of the grantor and of every other person (if any) upon whom the licence is binding. (8) References in this Act to deriving title are references to deriving title either directly or indirectly. (9) Where, in the case of copyright of any description— (a) provisions contained in this Act specify certain acts as being restricted by the copyright, or as constituting infringements thereof, and (b) other provisions of this Act specify certain acts as not constituting infringements of the copyright, the omission or exclusion of any matter from the latter provisions shall not be taken to extend the operation of the former provisions. (10) References in this Act to copyright include references to copyright under the Act of 1927. (11) References in the Act of 1927 to that Act shall, in so far as they are or include references to Part VI or VII of that Act, be deemed to include references to this Act. Orders, rules and regulations. 4.—(1) Where a power to make orders, rules or regulations is conferred by any provision of this Act, such orders, rules or regulations may be made either as respects all, or as respects any one or more, of the matters to which the provision relates; and different provisions may be made by any such orders, rules or regulations as respects different classes of cases to which the orders, rules or regulations apply. (2) Every order, rule or regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution annulling the order, rule or regulation is passed by either House within the next subsequent twenty-one days on which that House has sat after the order, rule or regulation is laid before it, the order, rule or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. Expenses. 5.—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. 6.—(1) The transitional provisions contained in the First Schedule to this Act shall have effect for the purposes of this Act. (2) Subject to the said transitional provisions, the enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. (3) The repeal of section 163 of the Act of 1927 shall not enable any action which was barred before the commencement of this section to be brought. PART II Copyright in Original Works. Nature of copyright. 7.—(1) In this Act, except where the context otherwise requires, “copyright” in relation to a work of any description means the exclusive right, by virtue and subject to the provisions of this Act, to do, and to authorise other persons to do, certain acts in the State in relation to that work which, in the relevant provision of this Act, are designated as the acts restricted by the copyright in a work of that description. (2) In the preceding subsection of this section “the relevant provision of this Act” means, in relation to a work of any description, any provision of this Act which provides that, subject to compliance with the conditions specified in that provision, copyright shall subsist in works of that description. (3) Copyright in a work is infringed by any person who, not being the owner of the copyright, and without the licence of the owner thereof, does, or authorises another person to do, in the State any of the acts referred to in subsection (1) of this section. (4) The preceding subsections of this section shall apply, in relation to any subject-matter (other than a work) of a description to which any provision of Part III of this Act relates as they apply in relation to a work. (5) For the purposes of any provision of this Act which specifies the conditions under which copyright may subsist in any description of work or other subject-matter “qualified, person”— (a) in the case of an individual, means a person who is an Irish citizen or is domiciled or resident within the State, and (b) in the case of a body corporate, means a body incorporated under the laws of the State. Copyright in literary, dramatic and musical works. 8.—(1) Copyright shall, subject to the provisions of this Act, subsist in every original literary, dramatic or musical work which is unpublished and of which the author was a qualified person— (a) at the time at which the work was made, or (b) where the making of the work extended over a period, for a substantial part of that period. (2) Copyright shall, subject to the provisions of this Act, subsist in every original literary, dramatic or musical work which is published if— (a) the work was first published within the State, or (b) the author of the work was a qualified person at the time when the work was first published, or (c) the author had died before that time but was a qualified person immediately before his death. (3) Where copyright subsisted in an original literary, dramatic or musical work immediately before its first publication, the copyright shall continue to subsist in that work after the first publication if, but only if, that publication complies with the provisions of the immediately preceding subsection of this section relating to copyright in a published work. (4) The term of copyright subsisting in a work under this section shall, subject to the provisions of subsection (5) of this section, be the lifetime of the author of the work and a period of fifty years from the end of the year in which the author died. (5) (a) If before the death of the author none of the following acts had been done— (i) the publication of the work, (ii) the performance of the work in public, (iii) the offer for sale to the public of records of the work, and (iv) the broadcasting of the work, the copyright shall continue to subsist for a period of fifty years from the end of the year during which the first of those acts to be done is done. (b) In paragraph (a) of this subsection, references to the doing of any act in relation to a work include references to the doing of that act in relation to an adaptation of that work. (6) The acts restricted by the copyright in a literary, dramatic or musical work are— (a) reproducing the work in any material form, (b) publishing the work, (c) performing the work in public, (d) broadcasting the work, (e) causing the work to be transmitted to subscribers to a diffusion service, (f) making any adaptation of the work, (g) doing in relation to an adaptation of the work any of the acts mentioned in paragraphs (a) to (e) of this subsection. (7) In this Act “adaptation”— (a) in relation to a literary or dramatic work, means any of the following— (i) in the case of a non-dramatic work, a version of the work, whether in its original language or a different language, in which it is converted into a dramatic work; (ii) in the case of a dramatic work, a version of the work, whether in its original language or a different language, in which it is converted into a non-dramatic work; (iii) a translation of the work; (iv) a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical; and (b) in relation to a musical work, means an arrangement or transcription of the work. (8) The mention of any matter in the definition of “adaptation” in subsection (7) of this section shall not affect the generality of paragraph (a) of subsection (6) of this section. Copyright in artistic works. 9.—(1) In this Act “artistic work” means a work of any of the following descriptions— (a) paintings, sculptures, drawings, engravings and photographs, irrespective of their artistic quality, (b) works of architecture, being either buildings or models for buildings, and (c) works of artistic craftsmanship not falling within the descriptions contained in paragraph (a) or paragraph (b) of this subsection. (2) Copyright shall subsist, subject to the provisions of this Act, in every original artistic work which is unpublished and the author of which was a qualified person— (a) when the work was made, or (b) if the making of the work extended over a period, for a substantial part of that period. (3) Copyright shall subsist, subject to the provisions of this Act, in every original artistic work which is published, if— (a) the first publication of the work took place in the State, or (b) the author of the work was a qualified person at the time when it was first published, or (c) the author had died before that time but was a qualified person immediately before his death. (4) Where copyright subsisted in an original artistic work immediately before its first publication, the copyright shall continue to subsist in that work after its first publication if, but only if, that publication complies with the provisions of the immediately preceding subsection of this section relating to copyright in a published work. (5) The term of copyright subsisting in a work under this section shall, subject to the provisions of subsection (6) and subsection (7) of this section, be the lifetime of the author of the work and a period of fifty years from the end of the year in which the author died. (6) In the case of an engraving which was not published before the death of the author, the copyright shall continue to subsist for a period of fifty years from the end of the year in which it is first published. (7) In the case of a photograph, the copyright shall continue to subsist for a period of fifty years from the end of the year in which the photograph is first published. (8) The acts restricted by the copyright in an artistic work are— (a) reproducing the work in any material form, (b) publishing the work, (c) including the work in a television broadcast, (d) causing a television programme which includes the work to be transmitted to subscribers to a diffusion service. Ownership of copyright in literary, dramatic, musical and artistic works. 10.—(1) Subject to the provisions of this section, the author of an original literary, dramatic, musical or artistic work shall be entitled to any copyright subsisting in the work by virtue of this Part of this Act. (2) Where a literary, dramatic or artistic work is made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, and is so made for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall be entitled to the copyright in the work in so far, but only in so far, as it relates to publication of the work in a newspaper, magazine or similar periodical, or to its reproduction for the purpose of its being so published; but in all other respects the author shall be entitled to the copyright. (3) Subject to the provisions of subsection (2) of this section, where a person commissions the taking of a photograph, or the painting or drawing of a portrait, or the making of an engraving, and pays or agrees to pay for it in money or money's worth, and the work is made in pursuance of that commission, the person who commissioned the work shall be entitled to any copyright subsisting therein by virtue of this Part of this Act. (4) Where, in any case other than that mentioned either in subsection (2) or (3) of this section, a work is made in the course of the author's employment by another person under a contract of service or apprenticeship, that other person shall be entitled to any copyright subsisting therein by virtue of this Part of this Act. (5) Each of the subsections (2), (3) and (4) of this section shall have effect subject, in any particular case, to any agreement excluding the operation thereof in that case. (6) The preceding provisions of this section shall have effect subject to the provisions of Part VII of this Act. Infringements by importation, sale and other dealings. 11.—(1) Without prejudice to the general provisions of section 7 of this Act as to infringements of copyright, the provisions of this section shall have effect in relation to copyright subsisting by virtue of this Part of this Act. (2) The copyright in a literary, dramatic, musical or artistic work is infringed by any person who, without the licence of the owner of the copyright— (a) imports an article (otherwise than for his private and domestic use) into the State, or (b) sells, lets for hire, or by way of trade offers or exposes for sale or hire any article, or (c) by way of trade exhibits any article in public, if to his knowledge the making of that article constituted an infringement of that copyright, or (in the case of an imported article) would have constituted such an infringement if the article had been made in the State. (3) The provisions of subsection (2) of this section which relate to the sale of an article shall apply in relation to the distribution of any articles either— (a) for the purposes of trade, or: (b) for other purposes, but to such an extent as to affect prejudicially the owner of the copyright in question, as those provisions apply in relation to the sale of an article. (4) Subject to the provisions of subsection (5) of this section, the copyright in a literary, dramatic or musical work is also infringed by any person who permits a place of public entertainment to be used for a performance in public of the work, where the performance constitutes an infringement of the copyright in the work. (5) Subsection (4) of this section shall not apply in a case where the person permitting the place of public entertainment to be used as mentioned in that subsection— (a) was not aware, and had not reasonable grounds for suspecting that the performance would be an infringement of the copyright, or (b) gave the permission gratuitously, or for a consideration which— (i) was only nominal, or (ii) if more than nominal, did not exceed a reasonable estimate of the expenses to be incurred by him in consequence of the use of the place for the performance. (6) In this section “place of public entertainment” includes any premises which are occupied mainly for other purposes, but are from time to time made available for hire to such persons as may desire to hire them for purposes of public entertainment. General exceptions from protection of literary, dramatic or musical works. 12.—(1) No fair dealing with a literary, dramatic or musical work for purposes of— (a) research or private study, or (b) criticism or review, whether of that work or another work, which is accompanied by a sufficient acknowledgment, shall constitute an infringement of the copyright in the work. (2) No fair dealing with a literary, dramatic or musical work shall constitute an infringement of the copyright in the work if it is for the purpose of reporting current events— (a) in a newspaper, magazine or similar periodical, which is accompanied by a sufficient acknowledgment, or (b) by means of broadcasting, or in a cinematograph film. (3) The copyright in a literary, dramatic or musical work is not infringed by reproducing it for the purposes of a judicial proceeding or of a report of any such proceeding. (4) The reading or recitation in public or in a broadcast by one person of any reasonable extract from a published literary or dramatic work, if accompanied by a sufficient acknowledgment, shall not constitute an infringement of copyright in the work. (5) The copyright in a published literary or dramatic work is not infringed by the inclusion of a short passage from it in a collection intended for use in schools, if— (a) the collection is described in its title, and in any advertisements thereof by or on behalf of the publisher, as being so intended, (b) the work in question was not published for use in schools, (c) the collection consists mainly of material in which no copyright subsists, (d) the inclusion of the passage is accompanied by a sufficient acknowledgment, and (e) not more than one other excerpt from works by the author of the passage, being works in which copyright subsists when the collection is published, is contained in that collection or in that collection taken together with every similar collection (if any) published by the same publisher within the period of five years immediately preceding the publication of that collection. (6) Where, at a time more than fifty years from the end of the year in which the author of a literary, dramatic or musical work died, and more than one hundred years after the time, or the end of the period, at or during which the work was made— (a) copyright subsists in the work, but (b) the work has not been published, and (c) the manuscript or a copy of the work is kept in a library, or museum or other institution where (subject to any provisions regulating the institution in question) it is open to inspection, the copyright in the work is not infringed by a person who publishes the work in accordance with regulations in that behalf made by the Minister. (7) Where, by virtue of an assignment or licence or otherwise, Radio Éireann is authorised to broadcast a literary, dramatic or musical work but (apart from this subsection) would not be entitled to make a reproduction of it in the form of a record or cinematograph film, the copyright in the work is not infringed if Radio Éireann by means of its own facilities makes such reproduction for the purpose of the authorised broadcast. (8) The general exception mentioned in the immediately preceding subsection of this section shall not apply if, without the consent of the owner of the relevant rights in the work— (a) the reproduction or any copy thereof is used for any purpose except that of making the broadcast in accordance with the authorisation, if any, or (b) the reproduction or any copy thereof is not destroyed before the end of the period of six months next following the making of the reproduction, or such longer period as may be agreed between Radio Éireann and the person who, in relation to the making of reproductions of the description in question, is the owner of the copyright subsisting in the work. (9) Any reproduction of a work made under subsection (7) of this section which is of an exceptional documentary character may be preserved in the archives of Radio Éireann, which are hereby designated official archives for the purpose, but, subject to the provisions of this Act, shall not be used for broadcasting or for any other purpose without the consent of the owner of the relevant rights in the work. (10) The preceding provisions of this section shall apply to the doing of any act in relation to the adaptation of a work as they apply to the doing of that act in relation to the work itself. (11) The provisions of this section shall apply where a work, or an adaptation of a work, is caused to be transmitted to subscribers to a diffusion service as they apply where a work or adaptation is broadcast. (12) In this Act “sufficient acknowledgment” means an acknowledgment identifying the work in question by its title or other description and, unless the work is anonymous or the author has previously agreed or required that no acknowledgment of his name should be made, also identifying the author. Special exception in respect of records of musical works. 13.—(1) The copyright in a musical work is not infringed by a person (in this section referred to as the manufacturer) who makes a record of the work, or of an adaptation thereof, in the State, if— (a) records of the work or, as the case may be, of a similar adaptation of the work, have previously been made in or imported into the State for the purposes of retail sale, and were so made or imported by, or with the licence of, the owner of the copyright in the work; (b) before making the record, the manufacturer gave to the owner of the copyright the prescribed notice of his intention to make it; (c) the manufacturer intends to sell the record by retail, or to supply it for the purpose of being sold by retail by another person, or intends to use it for making other records which are to be so sold or supplied; and (d) in the case of a record which is sold by retail, the manufacturer pays to the owner of the copyright, in the prescribed manner and at the prescribed time, a fair royalty. (2) Where— (a) either party to a dispute in relation to the amount of a royalty payable under paragraph (d) of subsection (1) of this section undertakes to refer the dispute to the Controller under section 31 of this Act, and (b) the manufacturer pays to the owner of the copyright a sum on account of the amount of the royalty equal to five per cent. of the ordinary retail selling price of the record in respect of which the royalty is payable and gives to such owner an undertaking to pay to him the amount of the royalty determined under the said section 31 less the sum aforesaid and such owner gives to the manufacturer an undertaking to repay to the manufacturer the amount (if any) by which the sum aforesaid exceeds the amount of the royalty determined under the said section 31, the copyright in the work is not infringed on the ground of non-fulfilment of the condition specified in paragraph (d) of subsection (1) of this section by the making of a record by the manufacturer. (3) In the case of a record— (a) which comprises (with or without other material, and either in their original form or in the form of adaptations) two or more musical works in which copyright subsists, and (b) the owners of the copyright in the works are different persons, the royalty shall be apportioned between or among the owners as they may agree. (4) Where a record comprises (with or without other material) a performance of a musical work, or of an adaptation of a musical work, in which words are sung, or are spoken incidentally to or in association with the music, and either no copyright subsists in that work, or if such copyright subsists, the conditions specified in subsection (1) of this section are fulfilled in relation to that-copyright, then if— (a) the words consist or form part of a literary or dramatic work in which copyright subsists, and (b) such previous records as are referred to in paragraph (a) of subsection (1) of this section were made or imported by, or with the licence of, the owner of the copyright in that literary and dramatic work, and (c) the conditions specified in paragraphs (b), (c) and (d) of the said subsection (1) are fulfilled in relation to the owner of that copyright, the making of the record shall not constitute an infringement of the copyright in the literary or dramatic work. (5) The provisions of subsection (4) of this section shall not be construed as requiring more than one royalty to be paid in respect of a record; and if copyright subsists both in the musical work and in the literary or dramatic work, and their owners are different persons, the royalty shall be apportioned between or among them (or among them and any other person entitled to a share thereof in accordance with subsection (3) of this section) as they may agree. (6) For the purposes of this section an adaptation of a work shall be taken to be similar to an adaptation thereof contained in previous records if the two adaptations do not substantially differ in their treatment of the work either in respect of style or (apart from any difference in numbers) in respect of the performers required for performing them. (7) Where, for the purposes of paragraph (a) of subsection (1) of this section, the manufacturer requires to know whether such previous records as are mentioned in that paragraph were made or imported as therein mentioned, the manufacturer may make the prescribed enquiries; and if the owner of the copyright fails to reply to those enquiries within the prescribed period, the previous records shall be taken to have been made or imported, as the case may be, with the licence of the owner of the copyright. (8) Nothing in this section shall be construed as authorising the importation for sale by retail of records which could not lawfully be imported apart from this section; and accordingly, for the purposes of any provision of this Act relating to imported articles, where the question arises in relation to a record made outside the State and so imported whether the making of the record would have constituted an infringement of copyright if the record had been made in the State, that question shall be determined as if subsection (1) of this section had not been enacted. (9) The preceding provisions of this section shall apply in relation to records of part of a work or adaptation as they apply in relation to records of the whole of it save that subsection (1) of this section— (a) shall not apply to a record of the whole of a work or adaptation unless the previous records referred to in paragraph (a) of that subsection were records of the whole of the work or of a similar adaptation, and (b) shall not apply to a record of part of a work or adaptation unless those previous records were records of, or comprising, that part of the work or of a similar adaptation. (10) The Minister may make regulations for the purposes of this section and in this section “prescribed” means prescribed by regulations made by the Minister. General exceptions from protection of artistic works. 14.—(1) No fair dealing with an artistic work for purposes of— (a) research or private study, or (b) criticism or review, whether of that work or another work, if accompanied by a sufficient acknowledgment, shall constitute an infringement of the copyright in the work. (2) No fair dealing with an artistic work for the purpose of reporting current events by means of broadcasting or in a cinematograph film shall constitute an infringement of the copyright in the work. (3) (a) The making of a painting, drawing, engraving or photograph of a work to which this subsection applies, or the inclusion of the work in a cinematograph film or a television broadcast shall not constitute an infringement of the copyright in the work. (b) This subsection applies to works of sculpture, and the works of artistic craftsmanship referred to in paragraph (c) of subsection (1) of section 9 of this Act, which are permanently situated in a public place or in premises open to the public and to works of architecture. (4) Without prejudice to the immediately preceding subsection of this section, the inclusion of an artistic work in a cinematograph film or a television broadcast, if its inclusion is only by way of background or is otherwise incidental to the principal matters represented in the film or broadcast, shall not constitute an infringement of the copyright in the work. (5) The publication of a painting, drawing, engraving, photograph or cinematograph film of an artistic work, the making of which, by virtue of subsection (3) of this section did not constitute an infringement of the copyright in the work, shall not constitute an infringement of that copyright. (6) The reproduction of an artistic work for the purposes of a judicial proceeding or a report of any such proceedings shall not constitute an infringement of the copyright in the work. (7) 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 an artistic work in two dimensions, if the object would not appear, to persons who are not experts in relation to objects of that description, to be a reproduction of the artistic work. (8) Where the author of an artistic work (in this subsection referred to as the earlier work) makes another such work (in this subsection referred to as the subsequent work) and part of the earlier work— (a) is reproduced in the subsequent work, and (b) is so reproduced by the use of a mould, cast, sketch, plan, model or study made for the purposes of the earlier work, the making of the subsequent work shall not constitute an infringement of the copyright in the earlier work unless the author of the subsequent work in the making of that work repeats or imitates the main design of the earlier work. (9) Where copyright subsists in a building as a work of architecture, any reconstruction of the building shall not constitute an infringement of that copyright. (10) Where a building has been constructed in accordance with architectural drawings or plans in which copyright subsists, and has been so constructed by, or with the licence of, the owner of that copyright, any subsequent reconstruction of the building by reference to those drawings or plans shall not constitute an infringement of that copyright. (11) Where by virtue of an assignment or licence or otherwise, Radio Éireann is authorised to include an artistic work in a television broadcast but (apart from this subsection) would not be entitled to make a reproduction of it, the copyright in the work is not infringed if Radio Éireann by means of its own facilities makes a reproduction, in any form, for the purpose of the authorised broadcast. (12) The general exception mentioned in the immediately preceding subsection of this section shall not apply if without the consent of the owner of the relevant rights in the work— (a) the reproduction so made or any copy thereof is used for any purpose except that of making the broadcast in accordance with the authorisation, if any, or (b) the reproduction or any copy thereof is not destroyed before the end of the period of six months next following the making of the reproduction, or such longer period as may be agreed between Radio Éireann and the person who, in relation to the making of reproductions of the description in question, is the owner of the copyright subsisting in the work. (13) A reproduction of an artistic work made by virtue of subsection (11) of this section which is of exceptional documentary character may be preserved in the archives of Radio Éireann, which are hereby designated official archives for the purpose but, subject to the provisions of this Act, shall not be used for broadcasting or for any other purpose without the consent of the owner of the relevant rights in the work. (14) The provisions of this section shall apply in relation to a television programme which is caused to be transmitted to subscribers to a diffusion service as they apply in relation to a television broadcast. Anonymous and pseudonymous works. 15.—(1) The preceding provisions of this Part of this Act shall, in the case of works published anonymously or pseudonymously, have effect subject to the provisions of this section. (2) (a) Where the first publication of a literary, dramatic or musical work, or of an artistic work other than a photograph, is anonymous or pseudonymous, any copyright subsisting in the work, by virtue of section 8 or 9 of this Act shall continue to subsist until the end of the period of fifty years from the end of the year in which the work was first published. (b) This subsection shall not apply to any work as respects which, at any time before the end of the period mentioned in the subsection, it is possible for a person without previous knowledge of the facts to ascertain the identity of the author of the work by reasonable enquiry. (3) The publisher of a work which is published anonymously or pseudonymously may be authorised by the author of the work to grant any assignment or licence in the copyright subsisting in the work and owned by the author without disclosing the identity of the author to the assignee or licensee. (4) For the purposes of this Act a publication of a work under two or more names shall not be taken to be pseudonymous unless all those names are pseudonyms. Works of joint authorship. 16.—(1) In this Act “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 separate from the contribution of the other author or authors. (2) In relation to a work of joint authorship, the references to the author in subsections (1) and (2) of section 8, in subsections (2) and (3) of section 9 , and in paragraph (b) of subsection (2) of section 15 of this Act shall be construed as references to any one or more of the authors. (3) In relation to a work of joint authorship, other than a work to which the next following section applies, references to the author in subsection (4) of section 8 and in subsection (5) of section 9 of this Act shall be construed as references to the author who died last. (4) (a) This subsection applies to any work of joint authorship which was first published under two or more names— (i) of which one or more (but not all) were pseudonyms, or (ii) all of which were pseudonyms, if, at any time within the period of fifty years from the end of the calendar year in which the work was first published, it is possible for a person without previous knowledge of the facts to ascertain the identity of any one or more (but not all) of the authors by reasonable enquiry (b) In relation to a work to which this subsection applies, references to the author in subsection (4) of section 8 and in subsection (5) of section 9 of this Act shall be construed as references to the author whose identity was disclosed, or, if the identity of two or more of the authors was disclosed, to that one of those authors who died last. (c) For the purposes of this subsection the identity of an author shall be taken to have been disclosed if either— (i) in his case, the name under which the work was published was not a pseudonym, or (ii) it is possible to ascertain his identity as mentioned in subparagraph (ii) of paragraph (a) of this subsection. (5) (a) This subsection applies, in the case of a work, to any person such that, if he had been the sole author of the work, copyright would not have subsisted in the work under this Part of this Act. (b) In relation to a work of joint authorship of which one or more of the authors are persons to whom this subsection applies, subsection (1) of section 10 of this Act shall have effect as if the author or authors, other than persons to whom this subsection applies, had been the sole author or (as the case may be) sole authors of the work. (6) In paragraph (e) of subsection (5) of section 12 of this Act, the reference to not more than one other excerpt from works by the author of the passage in question— (a) shall be taken to include a reference to excerpts from works by the author of that passage in collaboration with any other person, or (b) if the passage in question is from a work of joint authorship, shall be taken to include a reference to excerpts from works by any one or more of the authors of that passage, or by any one or more of those authors in collaboration with any other person. (7) Subject to the provisions of this section of this Act, any reference in this Act to the author of a work shall (unless it is otherwise expressly provided) be construed, in relation to a work of joint authorship as a reference to all the authors of the work. PART III. Copyright in Sound Recordings, Cinematograph Films, Broadcasts, etc. Copyright in sound recordings. 17.—(1) Copyright shall subsist, subject to the provisions of this Act— (a) in every sound recording of which the maker was a qualified person at the time the recording was made, and (b) without prejudice to the preceding paragraph of this subsection, in every published sound recording the first publication of which took place in the State. (2) Copyright subsisting in a sound recording by virtue of this section shall continue to subsist until the end of the period of fifty years from the end of the year in which the recording is first published. (3) Subject to the provisions of this Act, the maker of a sound recording shall be entitled to any copyright subsisting in the recording by virtue of this section, save, however, that where a person commissions the making of a sound recording, and pays or agrees to pay for it in money or money's worth, and the recording is made in pursuance of that commission, that person, in the absence of an agreement to the contrary, shall be entitled to any copyright subsisting in the recording by virtue of this section. (4) The acts restricted by the copyright in a sound recording are— (a) making a record embodying the recording; (b) in the case of a published recording, causing the recording or any reproduction thereof to be heard in public, or to be broadcast, or to be transmitted to subscribers to a diffusion service, without the payment of equitable remuneration to the owner of the copyright subsisting in the recording; (c) in the case of an unpublished recording, causing the recording or any reproduction thereof to be heard in public, or to be broadcast, or to be transmitted to subscribers to a diffusion service. (5) Where— (a) either party to a dispute in relation to the amount of remuneration payable under paragraph (b) of subsection (4) of this section undertakes to refer the dispute to the Controller under section 31 of this Act, and (b) an undertaking has been given to the owner of the copyright subsisting in the recording by the other party to the dispute to pay to him the amount of remuneration determined under the said section 31, the copyright in the recording is not infringed on the ground of non-fulfilment of the condition specified in the said paragraph (b). (6) The copyright in a sound recording is not infringed by a person who does any of the acts mentioned in subsection (4) of this section in the State in relation to a sound recording, or part of a sound recording, if— (a) records embodying that recording, or that part of the recording, as the case may be, have previously been issued to the public in the State, and (b) at the time when those records were so issued, neither the records nor the containers in which they were issued bore a label or other mark indicating the year in which the recording was first published. (7) The immediately preceding subsection of this section shall not apply if it is shown— (a) that the records in question were not issued by or with the licence of the owner of the copyright, or (b) that the owner of the copyright had taken all reasonable steps for securing that records embodying the recording, or part thereof, would not be issued to the public in the State without a label or mark either on the records themselves or on their containers indicating the year in which the recording was first published. (8) Where a published sou …