Copyright Act, 1963

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.