Copyright and Related Rights Act, 2000

Number 28 of 2000

COPYRIGHT AND RELATED RIGHTS ACT, 2000

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

PART II

Copyright

Chapter 1

Subsistence of Copyright

Chapter 2

Authorship and Ownership of Copyright

Chapter 3

Duration of Copyright

Chapter 4

Rights of Copyright Owner

Chapter 5

Secondary Infringement of Copyright

Chapter 6

Acts Permitted in Relation to Works Protected by Copyright

Education

Libraries and Archives

Public Administration

Designs

Computer Programs

Original Database

Typefaces

Works in Electronic Form

Miscellaneous Matters Relating to Copyright

Chapter 7

Copyright: Moral Rights

Chapter 8

Dealings with Rights in Copyright Works

Chapter 9

Remedies: Copyright Owner

Chapter 10

Rights and Remedies: Exclusive Licensee

Chapter 11

Remedies: Moral Rights

Chapter 12

Presumptions

Chapter 13

Offences: Copyright

Chapter 14

Delivery up and Disposal

Chapter 15

Provision for Preventing Importation

Chapter 16

Copyright Licensing

References and Applications Relating to Licensing Schemes

References and Applications Relating to Licensing by Licensing Bodies

Licensing: Miscellaneous

Cable Retransmissions

Chapter 17

Registration of Copyright Licensing Bodies

Chapter 18

Qualification for Copyright Protection

Chapter 19

Government and Oireachtas copyright

Chapter 20

International Organisations

Chapter 21

Anonymous Works

Chapter 22

Deposit of Certain Copyright Materials

Chapter 23

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

Chapter 24

Copyright: Legal Tender

Chapter 25

Disposal of Certain Books

PART III

Rights in Performances

Chapter 1

Performers' Rights

Chapter 2

Infringement of Performers' Rights

Chapter 3

Recording Rights

Chapter 4

Acts Permitted in Relation to Performances

Education

Libraries and Archives

Public Administration

Recordings in Electronic Form

Miscellaneous Matters Relating to Performers' Rights

Chapter 5

Delivery Up and Seizure

Chapter 6

Offences: Performances

Chapter 7

Licensing Schemes: Performers' Property Rights Licensing

References and Applications Relating to Licensing Schemes

References and Applications Relating to Licensing by Licensing Bodies

Licensing: Miscellaneous

Chapter 8

Registration of Licensing Bodies in Respect of Performers' Property Rights

Chapter 9

Qualification: Performances

Chapter 10

Duration of Rights in Performances

Chapter 11

Performers' Property Rights

Chapter 12

Transmission of Performers' Property Rights

Chapter 13

Transmission of Recording Rights and Performers' Non-Property Rights

Chapter 14

Remedies: Owner of Performers' Property Rights

Chapter 15

Rights and Remedies: Exclusive Licensee

Chapter 16

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

PART IV

Performers' Moral Rights

PART V

Databases

Chapter 1

Rights in Databases

Chapter 2

Subsistence of Database Right

Chapter 3

Maker and Ownership: Databases

Chapter 4

Restricted Acts: Databases

Chapter 5

Duration of Database Right

Chapter 6

Qualification: Databases

Chapter 7

Rights and Obligations of Lawful Users

Chapter 8

Acts Permitted in Respect of Database Right

Education

Public Administration

Anonymous or Pseudonymous Databases

Chapter 9

Application of Copyright Provisions to Database Right

Chapter 10

Presumptions

Chapter 11

Database Right: Licensing

References and Applications Relating to Licensing Schemes

References and Applications Relating to Licensing by Licensing Bodies

Licensing: Miscellaneous

Chapter 12

Registration of Licensing Bodies in Respect of Database Right

PART VI

Jurisdiction of Controller

PART VII

Technological Protection Measures

Chapter 1

Rights Protection Measures

Chapter 2

Rights Management Information

FIRST SCHEDULE

PART I

Transitional Provisions and Savings: Copyright

PART II

Works made before the first day of July, 1912

PART III

Secondary Infringements

PART IV

Performers' Rights

PART V

Copyright and Performers' Rights

PART VI

Transitional Provisions and Savings: Databases

SECOND SCHEDULE

PART I

PART II

THIRD SCHEDULE

Number 28 of 2000

COPYRIGHT AND RELATED RIGHTS ACT, 2000

AN ACT TO MAKE PROVISION IN RESPECT OF COPYRIGHT, PROTECTION OF RIGHTS OF PERFORMERS AND RIGHTS IN PERFORMANCES, TO MAKE PROVISION FOR LICENSING SCHEMES AND REGISTRATION SCHEMES FOR COPYRIGHT AND RELATED RIGHTS; TO RESTATE THE LAW IN RESPECT OF COUNCIL DIRECTIVE NO. 91/250/EEC OF 14 MAY 1991¹ ON THE LEGAL PROTECTION OF COMPUTER PROGRAMS; TO GIVE EFFECT TO COUNCIL DIRECTIVE NO. 92/100/EEC OF 19 NOVEMBER 1992² ON RENTAL RIGHT AND LENDING RIGHT AND ON CERTAIN RIGHTS RELATING TO COPYRIGHT IN THE FIELD OF INTELLECTUAL PROPERTY; TO GIVE EFFECT TO COUNCIL DIRECTIVE NO. 93/83/EEC OF 27 SEPTEMBER 1993³ ON THE CO-ORDINATION OF CERTAIN RULES CONCERNING COPYRIGHT AND RIGHTS RELATED TO COPYRIGHT APPLICABLE TO SATELLITE BROADCASTING AND CABLE RETRANSMISSION; TO RESTATE THE LAW IN RESPECT OF COUNCIL DIRECTIVE NO. 93/98/EEC OF 29 OCTOBER 1993⁴ HARMONISING THE TERM OF PROTECTION OF COPYRIGHT AND CERTAIN RELATED RIGHTS AND TO GIVE EFFECT TO ARTICLE 2.1 THEREOF; TO GIVE EFFECT TO DIRECTIVE NO. 96/9/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 11 MARCH 1996⁵ ON THE LEGAL PROTECTION OF DATABASES; AND TO PROVIDE FOR RELATED MATTERS. [10th July, 2000]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General

Short title and commencement.

1.—(1) This Act may be cited as the Copyright and Related Rights Act, 2000.

(2) This Act shall come into operation on such day or days as the Minister may be order or orders either generally or with reference to any particular purpose appoint, and different days may be so appointed for different purposes or different provisions of this Act.

(3) An order under subsection (2) may, in respect of the repeals or revocations effected by section 10 of the enactments mentioned in the Second Schedule, fix different days for the repeal or revocation of different enactments or for the repeal or revocation for different purposes of any enactment.

Interpretation.

2.—(1) In this Act, unless the context otherwise requires—

“Act of 1927” means the Industrial and Commercial Property (Protection) Act, 1927 ;

“anonymous work” means a work where the identity of the author is unknown or, in the case of a work of joint authorship, where the identity of the authors is unknown;

“appropriate court” means—

(a) the District Court, where the damages or the value of the other relief sought in any action to which the application relates is not liable to exceed such sum as stands specified by an enactment to be the jurisdiction of the District Court for actions in contract or tort,

(b) the Circuit Court, where the damages or the value of the other relief sought in any action to which the application relates is not liable to exceed such sum as stands specified by an enactment to be the jurisdiction of the Circuit Court for actions in contract or tort, and

(c) in any other case, the High Court;

“artistic work” includes a work of any of the following descriptions, irrespective of their artistic quality—

(a) photographs, paintings, drawings, diagrams, maps, charts, plans, engravings, etchings, lithographs, woodcuts, prints or similar works, collages or sculptures (including any cast or model made for the purposes of a sculpture),

(b) works of architecture, being either buildings or models for buildings, and

(c) works of artistic craftsmanship;

“author” has the meaning assigned to it by section 21 ;

“authorised broadcaster” means Radio Telefís Éireann, Seirbhísí Theilifís na Gaeilge Teoranta or a person with whom the Independent Radio and Television Commission has entered into a contract for the provision of broadcasting services under the Radio and Television Act, 1988 , and is licensed under that Act to provide those services;

“authorised cable programme service provider” means the provider of any cable programme service other than a cable programme service provided unlawfully;

“broadcast” means a transmission by wireless means, including by terrestrial or satellite means, for direct public reception or for presentation to members of the public of sounds, images or data or any combination of sounds, images or data, or the representations thereof, but does not include MMDS service;

“building” includes any structure;

“cable programme” means any item included in a cable programme service;

“cable programme service” means a service, including MMDS, which consists wholly or mainly of sending sounds, images or data or any combination of sounds, images or data, or the representations thereof, by means of a telecommunications system—

(a) for reception at 2 or more places (whether for simultaneous reception or at different times in response to requests by different users), or

(b) for presentation to members of the public,

but shall not include:

(i) a service or part of a service of which it is an essential feature that while sounds, images or data or any combination of sounds, images or data, or the representations thereof, are being conveyed by the person providing the service, there may be sent from each place of reception, by means of the same system or, as the case may be, the same part of it, data (other than signals sent for the operation or control of the service) for reception by the person providing the service or other persons receiving the service;

(ii) a service operated for the purposes of a business, trade or profession where—

(I) no person except that person carrying on the business, trade or profession is concerned in the control of the apparatus comprised in the system,

(II) sounds, images or data or any combination of sounds, images or data, or the representations thereof, are conveyed by the system exclusively for the purposes of the internal management of that business, trade or profession and not for the purpose of rendering a service or providing amenities for others, and

(III) the system is not connected to any other telecommunications system;

(iii) a service operated by an individual where—

(I) all the apparatus comprised in the system is under his or her control,

(II) sounds, images or data or any combination of sounds, images or data, or the representations thereof, conveyed by the system are conveyed solely for his or her private and domestic use by that individual, and

(III) the system is not connected to any other telecommunications system;

(iv) services, other than services operated as part of the amenities provided for residents or occupants of premises operated as a business, trade or profession, where—

(I) all the apparatus comprised in the system is situated in, or connects, premises which are in single occupation, and

(II) the system is not connected to any other telecommunications system;

(v) services which are, or to the extent that they are, operated for persons providing broadcasting or cable programme service or providing programmes for such services;

“computer-generated”, in relation to a work, means that the work is generated by computer in circumstances where the author of the work is not an individual;

“computer program” means a program which is original in that it is the author's own intellectual creation and includes any design materials used for the preparation of the program;

“Controller” means the Controller of Patents, Designs and Trade Marks;

“copyright work” means a work in which copyright subsists;

“database” means a collection of independent works, data or other materials, arranged in a systematic or methodical way and individually accessible by any means but excludes computer programs used in the making or operation of a database;

“disability” has the same meaning as in section 48 of the Statute of Limitations, 1957;

“dramatic work” includes a choreographic work or a work of mime;

“educational establishment” means—

(a) any school,

(b) any university to which the Universities Act, 1997 , applies, and

(c) any other educational establishment prescribed by the Minister under section 55 ;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the Protocol signed at Brussels on 17 March 1993 and as amended from time to time;

“enactment” means an Act of the Oireachtas or an instrument made thereunder;

“film” means a fixation on any medium from which a moving image may, by any means, be produced, perceived or communicated through a device;

“fixation” means the embodiment of sounds or images or any combination of sounds or images, or the representations thereof, from which they can be perceived, reproduced or communicated through a device;

“general licence” means a licence granted by a licensing body that includes all works of the description to which it applies;

“judicial proceeding” includes proceedings before any court or tribunal which has power to hear, receive and examine evidence on oath or otherwise and has authority to decide any matter affecting the legal rights or liabilities of a person;

“licensing body” means a body referred to in section 38 , 149, 265 or 340, as the case may be;

“literary work” means a work, including a computer program, but does not include a dramatic or musical work or an original database, which is written, spoken or sung;

“marketed” means sold, hired rented or lent, or offered or exposed for sale, hire, rental or loan, or otherwise distributed, and references to “marketing” shall be construed accordingly;

“Member State of the EEA” means a state which is a contracting state to the EEA Agreement;

“Minister” means the Minister for Enterprise, Trade and Employment;

“MMDS” means a Multipoint Microwave Distribution System;

“musical work” means a work consisting of music, but does not include any words, or action, intended to be sung, spoken or performed with the music;

“original database” means a database in any form which by reason of the selection or arrangement of its contents constitutes the original intellectual creation of the author;

“parliamentary proceeding” includes proceedings of either or both of the Houses of the Oireachtas or committees established by either or both of the Houses of the Oireachtas or proceedings of the European Parliament or committees established by the European Parliament;

“photograph” means a recording of light, or any other radiation on any medium on which an image is produced, or from which an image may by any means be produced and which is not part of a film;

“premises” means any building or place, including any land, vehicle, vessel, moveable structure, trailer, hovercraft or aircraft;

“prescribe” means prescribe by regulations and cognate words shall be construed accordingly;

“producer”, in relation to a film or sound recording, means the person by whom the arrangements necessary for the making of the film or sound recording, as the case may be, are undertaken;

“protection-defeating device” includes any device, function or product, or component incorporated into a device, function or product, the primary purpose or effect of which is to avoid, bypass, remove, deactivate or otherwise circumvent, without authority, any rights protection measure;

“pseudonymous work” means a work where the pseudonym adopted by the author or, in the case of a work of joint authorship the authors, does not reveal the identity of the author or authors and the identity of the author or authors is unknown;

“published edition”, in relation to the copyright in the typographical arrangement of a published edition, means a published edition of the whole or any part of one or more literary, dramatic or musical works or original databases;

“repeat broadcast” means a repeat of a broadcast which has been previously transmitted;

“repeat cable programme” means a repeat of a cable programme which has been previously included in a cable programme service;

“reprographic process” means a process—

(a) for making facsimile copies, or

(b) involving the use of an appliance for making multiple copies,

and includes, in relation to a work held in electronic form, any copying by electronic means, but does not include the making of a film or sound recording;

“rights protection measure” means any process, treatment, mechanism or system which is designed to prevent or inhibit the unauthorised exercise of any of the rights conferred by this Act;

“sound recording” means a fixation of sounds, or of the representations thereof, from which the sounds are capable of being reproduced, regardless of the medium on which the recording is made, or the method by which the sounds are reproduced;

“statutory inquiry” means an inquiry held, or investigation conducted, pursuant to a duty imposed or power conferred by an enactment;

“statutory register” means a register maintained pursuant to a statutory requirement;

“statutory requirement” means a requirement imposed by an enactment;

“sufficient acknowledgement” has the meaning assigned to it by section 51 ;

“telecommunications system” means a system for conveying sounds, data or information or any combination of sounds, images or information, or the representations thereof, by means of a wire, beam or any other conducting device through which electronically generated programme-carrying signals are guided over a distance;

“work” means a literary, dramatic, musical or artistic work, sound recording, film, broadcast, cable programme, typographical arrangement of a published edition or an original database and includes a computer program except in Part II, Chapter 7 where “work” means “literary, dramatic, musical or artistic work or film”;

“work of joint authorship” has the meaning assigned to it by section 22 ;

“writing” includes any form of notation or code whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded, and references to “written” shall be construed accordingly.

(2) A reference in this Act to the reception of a broadcast shall include the reception of a broadcast relayed by means of a telecommunications system.

(3) A reference in this Act to a prescribed archive shall include references to a prescribed museum.

(4) A reference in this Act to an archive shall include references to a museum and a reference in this Act to an archivist shall include references to a curator.

(5) A reference in this Act to a librarian or archivist shall include references to a person acting on his or her behalf.

(6) A computer program used in the making or operation of databases shall not be regarded as a database.

(7) The author of a work shall be deemed to be known where 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.

(8) The authors of a work of joint authorship shall be deemed to be known where it is possible for a person, without previous knowledge of the facts, to ascertain the identity of one or more of the authors of the work by reasonable enquiry.

(9) References in this Act to a permanent collection shall include a collection of works or sound recordings in the possession of a library or archive that have been loaned to that library or archive for an indefinite period.

(10) Where an act which would otherwise infringe any of the rights conferred by this Act is permitted under this Act it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict that act.

(11) A reference in this Act to the copyright owner or the rightsowner shall include a reference to a person designated by the copyright owner or the rightsowner to act on his or her behalf in infringement proceedings.

(12) (a)  A reference in this Act to a Part, Chapter, Division, section or Schedule is a reference to a Part, Chapter, Division or section of, or Schedule to, this Act unless it is indicated that a reference to some other Act is intended.

(b)  A reference in this Act to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

(c)  A reference in this Act to any other enactment shall, except where the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment including this Act.

Construction of references to rightsowner.

3.—(1) In the case of a right conferred by this Act to which different persons are entitled (whether in consequence of a partial assignment of such right or otherwise) in respect of the application of the right—

(a) to undertake different acts or classes of acts restricted by that right, or

(b) to undertake one or more acts or classes of acts restricted by that right in different countries, territories, states or areas, or at different times,

the rightsowner shall be deemed to be the person who is entitled to the right in respect of its application to the undertaking of the act or class of acts restricted by the right, or, as the case may be, to the undertaking of the act or class of acts restricted by the right in the particular country, territory, state or area or at the particular time, which is relevant to the purpose concerned.

(2) In relation to a future right to which different persons are prospectively entitled, references in this Act to the prospective owner shall be construed accordingly.

(3) Where a right conferred by this Act (or any aspect of such right) is owned by more than one person jointly, references in this Act to the rightsowner are to all the owners, and any requirement of the licence of the rightsowner requires the licence of all of the owners.

Construction of references to copyright.

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

(2) References in the Act of 1927 to Part VI or VII of that Act shall be deemed to include references to this Act.

Encrypted broadcasts.

5.—A broadcast that is encrypted shall be regarded as being broadcast for lawful direct public reception where the means required for decoding the signals for those broadcasts have been made available by, or with the authority of, the person making the broadcast.

Making and protection of broadcasts.

6.—(1) Subject to subsection (3), a reference in this Act to the person making a broadcast, broadcasting a work, or including a work in a broadcast shall be construed as a reference—

(a) to the person transmitting the programme, where he or she has responsibility to any extent for its contents, and

(b) to any person providing the programme who makes the arrangements necessary for its transmission with the person transmitting that programme,

and references to a programme, in the context of broadcasting, shall be construed as references to any item included in the broadcast.

(2) Subject to subsection (3), the place from which a broadcast is made is the place where, under the control and responsibility of the person making the broadcast, the programme-carrying signals are introduced into an uninterrupted chain of communication including, in the case of a satellite transmission, the chain leading to the satellite and down towards the earth.

(3) Where the place from which a broadcast by way of satellite transmission is made is located in a country, territory, state or area other than a Member State of the EEA and the law of that country, territory, state or area fails to provide, at least, the following level of protection:

(a) exclusive rights in relation to broadcasting equivalent to those conferred by section 37 ;

(b) a right in relation to live broadcasting equivalent to that conferred on a performer by section 204 ; and

(c) a right for authors of sound recordings and performers to share in a single equitable remuneration in respect of the broadcasting of sound recordings,

then, the following provisions shall apply:

(i) where the place from which the programme-carrying signals are transmitted to the satellite (in this Act that place is referred to as the “uplink station”) is located in a Member State of the EEA—

(I) that uplink station shall be treated as the place from which the broadcast is made, and

(II) the person operating the uplink station shall be treated as the person making the broadcast;

or

(ii) where the uplink station is not located in a Member State of the EEA but a person who is established in a Member State of the EEA has commissioned the making of the broadcast—

(I) the place in which that person has his or her principal establishment in a Member State of the EEA shall be treated as the place from which the broadcast is made, and

(II) that person shall be treated as the person making the broadcast.

Regulations and orders.

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

(2) Regulations made under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of this Act.

(3) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed.

(4) The Government or Minister, as the case may be, may by order amend or revoke an order made by the Government or the Minister under this Act including an order made under this subsection (other than an order made under section 1 (2)).

Laying of regulations and orders.

8.—Every order (other than an order made under section 1 (2)) or regulation made by the Minister or the Minister for Finance 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 or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Expenses.

9.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Transitional provisions and repeals.

10.—(1) The First Schedule shall have effect with respect to transitional matters.

(2) The Acts mentioned in column (2) of Part I of the Second Schedule are hereby repealed to the extent mentioned in column (3) of that Schedule.

(3) The statutory instruments mentioned in column (2) of Part II of the Second Schedule are hereby revoked to the extent mentioned in column (3) of that Schedule.

Prosecution of offences.

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

(2) Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be commenced at any time within 12 months from the date on which the offence was committed.

Offences by bodies corporate.

12.—Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or any other person who was acting or purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

Offences by members of partnership.

13.—(1) Without prejudice to any liability of a partner under subsection (3), where an offence under this Act is committed by a partnership any proceedings shall be brought against the partnership in the name of the partnership and not in the name of the individual partner.

(2) A fine imposed on a partnership on its conviction in proceedings brought under subsection (1) shall be paid out of the assets of the partnership.

(3) Where a partnership is guilty of an offence under this Act, every partner, other than a partner who is proved to have been ignorant of or to have attempted to prevent commission of the offence, shall also be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Service of notices.

14.—(1) A notice required to be served or given under this Act shall, subject to subsection (2), be addressed to the person concerned by name, and may be served on or given to the person in one of the following ways—

(a) by delivering it to the person,

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address,

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

(d) by sending it by such other method (including electronic method) as the Minister may decide,

(e) where the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and notice is required to be served on, or given to, him or her in respect of any premises, by delivering it to a person over the age of 16 years of age resident in or employed at the premises or by affixing it in a conspicuous position on or near the premises.

(2) Where a notice under this Act is to be served on or given to a person who is the owner or occupier of any premises and the name of the person cannot be ascertained by reasonable enquiry, it may be addressed to the person by using the words “the owner” or, as the case may require, “the occupier”.

(3) For the purposes of this section, a company within the meaning of the Companies Acts, 1963 to 1999, shall be deemed to be ordinarily resident at its registered office, and every other body corporate, unincorporated body or person, including a partnership shall be deemed to be ordinarily resident at its principal office or place of business.

(4) A person shall not at any time during the period of 3 months after a notice is affixed under subsection (1)(e) remove, alter, damage or deface the notice without lawful authority.

(5) A person who contravenes subsection (4) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

Fees.

15.—The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under this Act.

Jurisdiction of Courts.

16.—An appeal lies from the making of an order under this Act—

(a) from the District Court to the Circuit Court, where the order is made by the District Court,

(b) from the Circuit Court to the High Court, where the order is made by the Circuit Court,

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

PART II

Copyright

Chapter 1

Subsistence of Copyright

Copyright and copyright works.

17.—(1) Copyright is a property right whereby, subject to this Act, the owner of the copyright in any work may undertake or authorise other persons in relation to that work to undertake certain acts in the State, being acts which are designated by this Act as acts restricted by copyright in a work of that description.

(2) Copyright subsists, in accordance with this Act, in—

(a) original literary, dramatic, musical or artistic works,

(b) sound recordings, films, broadcasts or cable programmes,

(c) the typographical arrangement of published editions, and

(d) original databases.

(3) Copyright protection shall not extend to the ideas and principles which underlie any element of a work, procedures, methods of operation or mathematical concepts and, in respect of original databases, shall not extend to their contents and is without prejudice to any rights subsisting in those contents.

(4) Copyright shall not subsist in a work unless the requirements for copyright protection specified in this Part with respect to qualification are complied with.

(5) Copyright shall not subsist in a work which infringes, or to the extent that it infringes, the copyright in another work.

(6) Copyright shall not subsist in a work which is, or to the extent that it is, a copy taken from a work which has been previously made available to the public.

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

18.—(1) Copyright shall not subsist in a literary, dramatic or musical work or an original database until that work is recorded in writing or otherwise by or with the consent of the author.

(2) References in this Part to the time at which, or the period during which, a work referred to in subsection (1) is made are to the time at which, or the period during which, that work is so recorded.

(3) Copyright may subsist in a work that is recorded and may subsist in the recording of a work.

Copyright in sound recordings.

19.—Copyright shall not subsist in a sound recording until the first fixation of the sound recording is made.

Exclusion of copyright in retransmission.

20.—(1) Subject to subsection (2), copyright shall not subsist in the transmission of a broadcast or other material in a cable programme service unless the transmission alters the content of the broadcast or other materials.

(2) Nothing in subsection (1) shall affect the copyright subsisting in the broadcast or other material arising other than by virtue of the transmission.

Chapter 2

Authorship and Ownership of Copyright

Interpretation of author.

21.—In this Act, “author” means the person who creates a work and includes:

(a) in the case of a sound recording, the producer;

(b) in the case of a film, the producer and the principal director;

(c) in the case of a broadcast, the person making the broadcast or in the case of a broadcast which relays another broadcast by reception and immediate retransmission, without alteration, the person making that other broadcast;

(d) in the case of a cable programme, the person providing the cable programme service in which the programme is included;

(e) in the case of a typographical arrangement of a published edition, the publisher;

(f) in the case of a work which is computer-generated, the person by whom the arrangements necessary for the creation of the work are undertaken;

(g) in the case of an original database, the individual or group of individuals who made the database; and

(h) in the case of a photograph, the photographer.

Works of joint authorship.

22.—(1) In this Act, “a work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other author or authors.

(2) A film shall be treated as a work of joint authorship unless the producer and the principal director are the same person.

(3) A broadcast shall be treated as a work of joint authorship if more than one person makes the broadcast and the contribution of each person is not distinct from that of any of the others involved in making that broadcast.

(4) References in this Act to the author of a work shall, unless otherwise provided, be construed, in relation to a work of joint authorship, as references to all of the authors of the work.

First ownership of copyright.

23.—(1) The author of a work shall be the first owner of the copyright unless—

(a) the work is made by an employee in the course of employment, in which case the employer is the first owner of any copyright in the work, subject to any agreement to the contrary,

(b) the work is the subject of Government or Oireachtas copyright,

(c) the work is the subject of the copyright of a prescribed international organisation, or

(d) the copyright in the work is conferred on some other person by an enactment.

(2) Where a work, other than a computer program, is made by an author in the course of employment by the proprietor of a newspaper or periodical, the author may use the work for any purpose, other than for the purposes of making available that work to newspapers or periodicals, without infringing the copyright in the work.

Chapter 3

Duration of Copyright

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

24.—(1) The copyright in a literary, dramatic, musical or artistic work, or an original database shall expire 70 years after the death of the author, irrespective of the date on which the work is first lawfully made available to the public.

(2) The copyright in a work specified in subsection (1) which is anonymous or pseudonymous shall expire 70 years after the date on which the work is first lawfully made available to the public.

(3) In respect of an anonymous or pseudonymous work referred to in subsection (2)—

(a) where the pseudonym adopted by the author leaves no doubt as to his or her identity,

(b) where the author discloses his or her identity, or

(c) where his or her identity becomes known during the 70 years from the date on which the work is first lawfully made available to the public,

the copyright in that work shall expire 70 years after the death of that author.

Duration of copyright in films.

25.—(1) Subject to subsection (2), the copyright in a film shall expire 70 years after the last of the following persons dies, namely:

(a) the principal director of the film;

(b) the author of the screenplay of the film;

(c) the author of the dialogue of the film;

(d) the author of music specifically composed for use in the film.

(2) Where a film is first lawfully made available to the public during the period of 70 years following the death of the last of the persons specified in subsection (1), the copyright in that film shall expire 70 years after the date of such making available.

(3) Where the copyright in a film has expired, a person who, after such expiration, makes available to the public the film or causes the film to be so made available shall not infringe the copyright in any work included in the film.

Duration of copyright in sound recordings.

26.—The copyright in a sound recording shall expire—

(a) 50 years after the sound recording is made, or

(b) where it is first lawfully made available to the public during the period specified in paragraph (a), 50 years after the date of such making available.

Duration of copyright in broadcasts.

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

(2) The copyright in a repeat broadcast shall expire at the same time as the copyright in the original broadcast and no copyright shall subsist in a repeat broadcast which is transmitted after the expiration of the copyright in the original broadcast.

Duration of copyright in cable programmes.

28.—(1) The copyright in a cable programme shall expire 50 years after the cable programme is first lawfully included in a cable programme service.

(2) The copyright in a repeat cable programme shall expire at the same time as the copyright in the original cable programme and no copyright shall subsist in a repeat cable programme which is included in a cable programme service after the expiration of the copyright in the original cable programme.

Duration of copyright in typographical arrangements.

29.—The copyright in a typographical arrangement of a published edition shall expire 50 years after the date on which it is first lawfully made available to the public.

Duration of copyright in computer-generated works.

30.—The copyright in a work which is computer-generated shall expire 70 years after the date on which the work is first lawfully made available to the public.

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

31.—Where a work is lawfully made available to the public in volumes, parts, instalments, issues or episodes and the copyright subsists from the date on which the work is so made available, the copyright shall subsist in respect of each separate item.

Miscellaneous matters in relation to duration.

32.—(1) Where the identity of the author of an anonymous or pseudonymous work becomes known or is disclosed after the term of copyright provided in section 24 (2) has expired, the term of copyright provided in subsection (1) of that section shall not apply, and copyright in the work shall be deemed to have expired 70 years from the date on which the work was first lawfully made available to the public.

(2) Copyright shall not subsist in an anonymous or pseudonymous literary, dramatic, musical or artistic work, or original database where it is reasonable to presume that the author has been dead for 70 years or more.

(3) Copyright shall not subsist in an anonymous or pseudonymous film where it is reasonable to presume that the last of any of the persons specified in section 25 has been dead for 70 years or more.

(4) In relation to works of joint authorship, the reference in section 24 to the death of the author shall be construed—

(a) where the identity of all of the authors is known, as a reference to the death of the last of the joint authors, or

(b) where the identity of any of the authors is known and the identity of one or more of the others is not, as a reference to the death of the last of the joint authors whose identity is known.

(5) In relation to a work of joint authorship, references to the identity of the author becoming known or being disclosed shall be construed as references to the identity of any of the authors becoming known or being disclosed.

Expiry of copyright.

33.—Where the term of copyright in a work is not calculated from the death of the author or authors and the work is not lawfully made available to the public within 70 years of its creation, the copyright in that work shall expire on the expiration of that period of 70 years.

Making available of a work not previously made available.

34.—Any person who, after the expiration of the copyright in a work, lawfully makes available to the public for the first time a work which was not previously so made available, shall benefit from rights equivalent to the rights of an author, other than the moral rights, for 25 years from the date on which the work is first lawfully made available to the public.

Calculation of term of copyright.

35.—Where a term of copyright is provided for in this Act, the term shall be calculated from the first day of January of the year following the event that gives rise to that term.

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

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

Chapter 4

Rights of Copyright Owner

Acts restricted by copyright in a work.

37.—(1) Subject to the exceptions specified in Chapter 6 and to any provisions relating to licensing in this Part, the owner of the copyright in a work has the exclusive right to undertake or authorise others to undertake all or any of the following acts, namely:

(a) to copy the work;

(b) to make available to the public the work;

(c) to make an adaptation of the work or to undertake either of the acts referred to in paragraph (a) or (b) in relation to an adaptation,

and those acts shall be known and in this Act referred to as “acts restricted by copyright”.

(2) The copyright in a work is infringed by a person who without the licence of the copyright owner undertakes, or authorises another to undertake, any of the acts restricted by copyright.

(3) References to the undertaking of an act restricted by the copyright in a work shall relate to the work as a whole or to any substantial part of the work and to whether the act is undertaken directly or indirectly.

Playing of sound recordings — licences of right.

38.—(1) Notwithstanding the provisions of section 37 , where a person proposes to—

(a) play a sound recording in public, or

(b) include a sound recording in a broadcast or a cable programme service,

he or she may do so as of right where he or she—

(i) agrees to make payments in respect of such playing or inclusion in a broadcast or a cable programme service to a licensing body, and

(ii) complies with the requirements of this section.

(2) A person may avail of the right to play a sound recording in public or to include a sound recording in a broadcast or a cable programme service, where he or she—

(a) gives notice to each licensing body concerned of his or her intention to play sound recordings in public or include sound recordings in a broadcast or a cable programme service,

(b) informs each of those bodies of the date on and from which he or she intends to play sound recordings in public or include sound recordings in a broadcast or a cable programme service,

(c) makes payments to the licensing body at intervals of not less than 3 months in arrears,

(d) complies with any reasonable conditions relating to payments under this section as may be notified to him or her by the licensing body from time to time, and

(e) complies with any reasonable requests for information from the licensing body to enable it to calculate and manage payments under this section.

(3) A person who satisfies the conditions specified in subsection (2) shall be deemed to be in the same position as regards infringement of copyright as if he or she had been the holder of a licence granted by the owner of the copyright in question at all material times.

(4) Where the person intending to play sound recordings in public or to include sound recordings in a broadcast or a cable programme service and the licensing body fail to reach agreement as to fair payment under subsection (2) within a reasonable time, the terms of the proposed agreement shall be referred to the Controller for determination of the amount and terms of payment.

(5) In the case of a dispute referred to the Controller under subsection (4), a person shall not exercise the right conferred by subsection (1) unless he or she—

(a) gives reasonable notice to the Controller that he or she has commenced or intends to commence the playing of sound recordings in public and that a dispute has arisen between him or her and the licensing body concerned as to the terms of payment and the exercise of the right; and

(b) applies to the Controller for a determination under subsection (4).

(6) Where the terms of a proposed agreement are referred to the Controller under subsection (4) a person shall not exercise a right conferred by subsection (1) unless he or she—

(a) gives notice in writing to the Controller of his or her intention to exercise the right, and of the date on which he or she proposes to begin to do so, and

(b) applies in writing to the Controller for a determination under subsection (4).

(7) On an application to settle the terms of payment being referred to the Controller, he or she shall consider the matter and make such order as he or she may determine to be reasonable in the circumstances and that order shall take effect on and from the date on which the applicant begins to exercise the right, and any necessary repayments or further payments shall be made in respect of amounts which, in consequence of the terms of the order, have fallen due.

(8) Where no request for payment has been made by the licensing body, or where the amount requested by the licensing body is disputed by the person exercising the right then, pending the making of an order by the Controller under subsection (7), the person exercising the right shall pay to the licensing body such amount as he or she considers reasonable, and shall notify the licensing body and the Controller of his or her intention to do so.

(9) A person exercising the right conferred by subsection (1), or who has given notice to the Controller of his or her intention to do so, may also refer to the Controller the question of—

(a) whether any condition relating to payment, notice of which has been given to him or her by the licensing body concerned is a reasonable condition, or

(b) whether any licence condition, notice of which has been given to him or her by the licensing body in question, is a reasonable condition, or

(c) whether any information required by the licensing body is information which the licensing body can reasonably require him or her to provide.

(10) Where a reference is made under subsection (9), the Controller shall consider the matter and make such order as he or she may determine to be reasonable in the circumstances.

(11) A person exercising the right conferred by subsection (1) or a licensing body may apply to the Controller to review any order under subsection (7) or (10).

(12) An application under subsection (11) may not be made except with the special leave of the Controller—

(a) within 12 months from the date of the order or of the decision on a previous application under this section, or

(b) where the order was made so as to be in force for 15 months or less or, as a result of the decision on a previous application, is due to expire within 15 months of that decision,

until at least 3 months before the expiration of the order.

(13) Where an application is made under subsection (11), the Controller shall consider the matter and make such order confirming or varying the original order as he or she may determine to be reasonable in the circumstances and any order made under this subsection shall be for such period as may be specified by the Controller.

(14) This section shall not apply in any circumstances where sound recordings are made available to the public by wire or wireless means in such a way that members of the public may access the sound recordings from a place and at a time individually chosen by them (including the making available of copies of sound recordings through the Internet).

(15) Notwithstanding section 149 , in this section “licensing body” means a society, a company registered under the Companies Acts, 1963 to 1999, or other organisation which has as one of its objects the negotiation or granting of licences to play sound recordings in public or to include sound recordings in broadcasts or cable programme services, either as owner or prospective owner of copyright in the said sound recording or as his or her exclusive licensee, agent or designated representative and shall include a human person who has the right to negotiate or grant a licence to play sound recordings in public or to include sound recordings in broadcasts or cable programme services, either as owner or prospective owner of copyright in the sound recordings.

Reproduction right.

39.—(1) References in this Part to copying shall be construed as including references to all or any of the following, namely:

(a) in relation to any work—

(i) storing the work in any medium,

(ii) the making of copies which are transient or incidental to some other use of the work;

(b) in relation to an artistic work, the making of a copy in three dimensions of a two dimensional work and the making of a copy in two dimensions of a three dimensional work;

(c) in relation to a film, television broadcast or cable programme, making a photograph of the whole or a substantial part of any image forming part of the film, broadcast or programme;

(d) in relation to a typographical arrangement of a published edition, making a reprographic copy of the arrangement.

(2) There shall be a right of the owner of copyright to copy a work or to authorise others to do so which shall be known and in this Part referred to as the “reproduction right”.

Making available right.

40.—(1) References in this Part to the making available to the public of a work shall be construed as including all or any of the following, namely:

(a) making available to the public of copies of the work, by wire or wireless means, in such a way that members of the public may access the work from a place and at a time chosen by them (including the making available of copies of works through the Internet);

(b) performing, showing or playing a copy of the work in public;

(c) broadcasting a copy of the work;

(d) including a copy of the work in a cable programme service;

(e) issuing copies of the work to the public;

(f) renting copies of the work;

(g) lending copies of the work without the payment of remuneration to the owner of the copyright in the work,

and references to “lawfully making available to the public” shall mean the undertaking of any of the acts referred to in paragraphs (a) to (g) by or with the licence of the copyright owner.

(2) References in this Part to the making available to the public of copies of a work shall include the making available to the public of the original of the work.

(3) Subject to subsection (4), the provision of facilities for enabling the making available to the public of copies of a work shall not of itself constitute an act of making available to the public of copies of the work.

(4) Without prejudice to subsection (3), where a person who provides facilities referred to in that subsection is notified by the owner of the copyright in the work concerned that those facilities are being used to infringe the copyright in that work and that person fails to remove that infringing material as soon as practicable thereafter that person shall also be liable for the infringement.

(5) Without prejudice to subsection (4), the Minister may prescribe the form of the notice to be given under that subsection and the form shall specify—

(a) the name and address of the person claiming to be the owner of the copyright in the work concerned,

(b) the grounds that the person requesting the removal of material has for such removal, and

(c) a list of the material which is to be removed.

(6) References in this Part to “performance”, in relation to a work, shall include—

(a) delivery, in the case of lectures, addresses, speeches and sermons, and

(b) any means of presentation of sounds or images, or any combination of sounds or images or representations thereof, including presentation by means of a sound recording, film, broadcast or cable programme of the work.

(7) Where copyright in a work is infringed by its being performed, played or shown in public, by means of apparatus for receiving sounds, images or data or any combination of sounds, images or data, or the representations thereof, conveyed by any means, the person by whom sounds, images or data or any combination of sounds, images or data, or the representations thereof, are sent shall not be regarded as liable for the infringement and a performer shall not be regarded as liable for the infringement to the extent that the infringement relates to his or her activity as a performer.

(8) There shall be a right of the owner of copyright to make available to the public copies of a work or to authorise others to do so which shall be known and in this Part referred to as the “making available right”.

Distribution right.

41.—(1) References in this Part to the issue of copies of a work to the public shall be construed as including:

(a) the act of putting into circulation in a Member State of the EEA copies not previously put into circulation in a Member State of the EEA by or with the licence of the copyright owner; or

(b) the act of putting into circulation outside the Member States of the EEA copies not previously put into circulation in a Member State of the EEA or elsewhere.

(2) Without prejudice to the rental right or the lending right, references in this Part to the issue of copies of a work to the public shall not include:

(a) any subsequent circulation of copies previously put into circulation; or

(b) any subsequent importation of such copies into the State or any other Member State of the EEA,

except in so far as subsection (1)(a) applies to putting into circulation in the Member States of the EEA copies previously put into circulation outside the Member States of the EEA.

(3) References in this section to “circulation” shall include sale, rental or loan.

(4) There shall be a right of the owner of copyright to issue copies of a work to the public or to authorise others to do so which shall be known and in this Part referred to as the “distribution right”.

Rental and lending right.

42.—(1) References in this Part to “rental” or “lending” shall be construed as including references to the rental or lending of:

(a) a literary, dramatic or musical work, film or original database;

(b) an artistic work, other than—

(i) a work of architecture in the form of a building or a model for a building, or

(ii) a work of applied art;

(c) a sound recording; or

(d) a typographical arrangement of a published edition,

and shall not include, in the case of a computer program, rentals where the program itself is not the essential object of the rental.

(2) In this Part, subject to subsection (3)—

(a) “rental” means making a copy of a work available for use, on terms that it is to be or may be returned after a limited period of time, for direct or indirect economic or commercial advantage, and

(b) “lending” means making a copy of a work available for use, on terms that it is to be or may be returned after a limited period of time, otherwise than for direct or indirect economic or commercial advantage, through an establishment to which members of the public have access.

(3) References in this Part to “rental” or “lending” shall not include the making available of copies of a work for the purposes of—

(a) performing, playing or showing in public, broadcasting or inclusion in a cable programme service,

(b) exhibition in public, or

(c) on the spot reference use.

(4) The making of a copy of a work available between establishments to which members of the public have access shall not infringe the copyright in the work.

(5) For the purpose of this section, where lending by an establishment to which members of the public have access gives rise to a payment the amount of which does not exceed that which is necessary to cover the operating costs of the establishment, there is no direct or indirect economic or commercial advantage.

(6) (a)  There shall be a right of the owner of copyright to rent copies of a work or to authorise others to do so which shall be known and in this Part referred to as the “rental right”.

(b)  There shall be a right of the owner of copyright to lend copies of a work or to authorise others to do so which shall be known and in this Part referred to as the “lending right”.

Infringement by adaptation of works.

43.—(1) For the purposes of section 37 —

(a) an adaptation is made when it is recorded in writing or otherwise, and

(b) it shall be immaterial to the interpretation of this section whether the adaptation has been recorded in writing or otherwise at the time an act restricted by copyright is undertaken.

(2) Without prejudice to the generality of section 37 (1)(c), in this Part, “adaptation” in relation to—

(a) a literary or dramatic work, film, sound recording, broadcast, cable programme or typographical arrangement of a published edition, includes—

(i) a translation, arrangement or other alteration of the work,

(ii) a version of a dramatic work which is converted into a non-dramatic work or the conversion of a non-dramatic work into a dramatic work, and

(iii) a version of a work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction;

(b) a musical work, includes a translation, arrangement or other alteration or transcription of the work;

(c) an artistic work, includes a collage of the work with other works, an arrangement or other alteration of the work;

(d) a computer program, includes a translation, arrangement or other alteration of the computer program; or

(e) an original database, includes a translation, arrangement or other alteration of the original database.

(3) In this section “translation”, in relation to a computer program, includes the making of a version of the computer program in which it is converted into or out of a computer language or code or into a different computer language or code.

Chapter 5

Secondary Infringement of Copyright

Interpretation of infringing copy.

44.—(1) In this Part “infringing copy”, in relation to a copyright work, shall be construed in accordance with this section.

(2) A copy shall be an infringing copy—

(a) where the making of it constitutes an infringement of the copyright in the work concerned, or

(b) where it has been or is to be imported into the State, and its making in the State would have constituted an infringement of the copyright in the work concerned, or a breach of an exclusive licence agreement relating to that work.

(3) A copy of a work which has previously been issued to the public in accordance with section 41 in any Member State of the EEA by, or with the licence of, the copyright owner shall not be deemed to be an infringing copy for the purposes of subsection (2).

(4) Where, in any proceedings for infringement of the copyright in a work, the issue arises whether a copy is an infringing copy and it is proved that—

(a) the copy is a copy of the work concerned, and

(b) copyright subsists in that work or has subsisted at any time in that work,

it shall be presumed until the contrary is proved that the copy was made at a time when copyright subsisted in the work.

Secondary infringement: dealing with infringing copy.

45.—A person infringes the copyright in a work where he or she without the licence of the copyright owner—

(a) sells, rents or lends, or offers or exposes for sale, rental or loan,

(b) imports into the State, otherwise than for his or her private and domestic use,

(c) in the course of a business, trade or profession, has in his or her possession, custody or control, or makes available to the public, or

(d) otherwise than in the course of a business, trade or profession, makes available to the public to such an extent as to prejudice the interests of the owner of the copyright,

a copy of the work which is, and which he or she knows or has reason to believe is, an infringing copy of the work.

Secondary infringement: providing means for making infringing copies.

46.—(1) A person infringes the copyright in a work where he or she, without the licence of the copyright owner—

(a) makes,

(b) sells, rents or lends, or offers or exposes for sale, rental or loan,

(c) imports into the State, or

(d) has in his or her possession, custody or control,

an article specifically designed or adapted for making copies of that work, knowing or having reason to believe that it has been or is to be used to make infringing copies.

(2) A person infringes the copyright in a work where he or she, without the licence of the copyright owner, transmits the work by means of a telecommunications system (otherwise than by broadcasting or inclusion in a cable programme service) knowing or having reason to believe that infringing copies of the work may be made by means of the reception of the transmission in the State or elsewhere.

Secondary infringement: permitting use of premises for infringing performances.

47.—(1) Where the copyright in a work is infringed by a performance at a place of public entertainment, any person who gave permission for that place to be used for the performance shall also be liable for the infringement unless, when that person gave permission, he or she had reason to believe that the performance would not infringe copyright.

(2) In this section, “place of public entertainment” includes premises which are occupied mainly for other purposes and which are from time to time made available for hire for the purpose of public entertainment.

Secondary infringement: permitting use of apparatus for infringing performances.

48.—Where the copyright in a work is infringed by a public performance of the work, or by playing or showing the work in public, by means of apparatus for—

(a) playing sound recordings,

(b) showing films, or

(c) receiving sounds or images or any combination of sounds or images, or the representations thereof, conveyed by any means,

the following persons shall also be liable for the infringement:

(i) a person who supplied the apparatus, or any substantial part thereof if, when he or she supplied the apparatus or part thereof—

(I) he or she knew or had reason to believe that the apparatus was likely to be used to infringe copyright, or

(II) in the case of apparatus the normal use of which involves a public performance, playing or showing, he or she had reason to believe that it would be used to infringe copyright;

(ii) an owner or occupier of premises who gave permission for the apparatus to be brought onto the premises if, when the owner or occupier gave permission, he or she knew or had reason to believe that the apparatus was likely to be used to infringe copyright; and

(iii) a person who supplied a copy of a sound recording or film used to infringe copyright if, when the person supplied it, he or she knew or had reason to believe that what was supplied, or a copy made directly or indirectly therefrom, was likely to be used to infringe copyright.

Chapter 6

Acts Permitted in Relation to Works Protected by Copyright

Exemptions in respect of copyright works.

49.—In this Part, an act may be exempted under more than one category of exemption and the exemption of an act under one category of exemption shall not preclude its exemption under another category.

Fair dealing: research or private study.

50.—(1) Fair dealing with a literary, dramatic, musical or artistic work, sound recording, film, broadcast, cable programme, or non-electronic original database, for the purposes of research or private study, shall not infringe any copyright in the work.

(2) Fair dealing with a typographical arrangement of a published edition for the purposes of research or private study shall not infringe any copyright in the arrangement.

(3) The copying by a person, other than the researcher or private student, is not fair dealing where—

(a) in the case of a librarian or archivist, he or she does anything which is not permitted under section 63 , or

(b) in any other case, the person copying knows or has reason to believe that the copying will result in copies of substantially the same material being provided to more than one person at approximately the same time and for substantially the same purpose.

(4) In this Part, “fair dealing” means the making use of a literary, dramatic, musical or artistic work, film, sound recording, broadcast, cable programme, non-electronic original database or typographical arrangement of a published edition which has already been lawfully made available to the public, for a purpose and to an extent which will not unreasonably prejudice the interests of the owner of the copyright.

(5) In this Part, the following acts are not fair dealing—

(a) converting a computer program expressed in a low level computer language into a version expressed in a higher level computer language, or

(b) copying a computer program in an incidental manner in the course of converting that program.

Fair dealing: criticism or review.

51.—(1) Fair dealing with a work for the purposes of criticism or review of that or another work or of a performance of a work shall not infringe any copyright in the work where the criticism or review is accompanied by a sufficient acknowledgement.

(2) Fair dealing with a work (other than a photograph) for the purpose of reporting current events shall not infringe copyright in that work, where the report is accompanied by a sufficient acknowledgement.

(3) In this Part, “sufficient acknowledgement” means an acknowledgement identifying the work concerned by its title or other description and identifying the author unless—

(a) in the case of a work which has been lawfully made available to the public, it was so made available anonymously, or

(b) in the case of a work which has not been made available to the public, it is not possible for a person without previous knowledge of the facts to ascertain the identity of the author of the work by reasonable enquiry.

Incidental inclusion of copyright material.

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

(2) The copyright in a work is not infringed by the making available to the public of copies of anything the making of which was not, by virtue of subsection (1), an infringement of the copyright.

(3) A work shall not be regarded as included in an incidental manner in another work where it is included in a manner where the interests of the owner of the copyright are unreasonably prejudiced.

(4) The copyright in a work which has been lawfully made available to the public is not infringed by the use of quotations or extracts from the work, where such use does not prejudice the interests of the owner of the copyright in that work and such use is accompanied by a sufficient acknowledgement.

Education

Acts done for purposes of instruction or examination.

53.—(1) Subject to subsection (2), the copyright in a literary, dramatic, musical or artistic work or the typographical arrangement of a published edition is not infringed by its being copied in the course of instruction or of preparation for instruction.

(2) Subsection (1) shall not apply unless—

(a) the copying is done by or on behalf of a person giving or receiving instruction,

(b) the copying is not by means of a reprographic process, and

(c) the copy is accompanied by a sufficient acknowledgement.

(3) Subject to subsection (4), the copyright in a sound recording, film, broadcast, cable programme or an original database is not infringed by its being copied in the course of instruction or of preparation for instruction.

(4) Subsection (3) shall not apply unless—

(a) the copying is done by or on behalf of a person giving or receiving instruction,

(b) the copying results in only a single copy being made, and

(c) the copy is accompanied by a sufficient acknowledgement.

(5) Subject to subsection (6), the copyright in a work is not infringed by anything done for the purposes of an examination by way of setting questions, communicating questions to the candidates or answering questions.

(6) Subsection (5) shall not apply to the making of a reprographic copy of a musical work for use by an examination candidate in performing the work.

(7) Where a copy that would otherwise be an infringing copy is made under this section 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.

Anthologies for educational use.

54.—(1) Subject to subsection (2), the inclusion of a short passage from a literary, dramatic or musical work, original database or typographical arrangement of a published edition which has been lawfully made available to the public in a collection that—

(a) is intended for use—

(i) in educational establishments and is so described in its title, or

(ii) in any advertisements issued by or on behalf of the publisher,

and

(b) consists mainly of material in which no copyright subsists,

shall not infringe the copyright in the work where the work itself is not intended for use in those establishments and the inclusion is accompanied by a sufficient acknowledgement.

(2) Subsection (1) shall not authorise the inclusion of more than 2 excerpts from works by the same author in collections which have been lawfully made available to the public by the same publisher within a period of 5 years.

(3) In relation to any given passage the reference in subsection (2) to excerpts from works of the same author—

(a) includes excerpts from works by him or her in collaboration with another author, and

(b) where the passage concerned is from such a work, includes excerpts from works by any of the authors, whether alone or in collaboration with another author.

(4) References in this section to the use of a work in an educational establishment shall be construed as references to any use of that work for the educational purposes of that establishment.

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

55.—(1) The performance of a literary, dramatic or musical work before an audience limited to persons who are teachers in or pupils in attendance at an educational establishment or other persons directly connected with the activities of that establishment—

(a) by a teacher or pupil in the course of the activities of the establishment concerned, or

(b) at the establishment by any person for the purposes of instruction,

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

(2) The playing or showing of a sound recording, film, broadcast or cable programme at an educational establishment before an audience referred to in subsection (1) for the purposes of instruction is not a playing or showing of the work in public for the purposes of infringement of copyright.

(3) For the purposes of this section, a person is not directly connected with the activities of an educational establishment by reason only that he or she is a parent or guardian of a pupil in attendance at the educational establishment concerned.

(4) The Minister may specify by order establishments (other than schools) to be educational establishments for the purposes of this Act.

Recording by educational establishments of broadcasts and cable programmes.

56.—(1) A fixation of a broadcast or a cable programme, or a copy of such a fixation, may be made by or on behalf of an educational establishment for the educational purposes of that establishment without infringing the copyright in the broadcast or cable programme, or in any work included in the broadcast or cable programme.

(2) This section shall not apply where there is a licensing scheme certified under section 173 and the person making the copies knew or ought to have been aware of the existence of the licensing scheme.

(3) Where a copy which would otherwise be an infringing copy is made under this section 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.

Reprographic copying by educational establishments of certain works.

57.—(1) Reprographic copies of passages from literary, dramatic or musical works or typographical arrangements of published editions or original databases which have been lawfully made available to the public may, to the extent permitted under this section, be made by or on behalf of an educational establishment for the educational purposes of that establishment without infringing any copyright in the work, subject to those copies being accompanied by a sufficient acknowledgement.

(2) Not more than 5 per cent of any work may be copied by or on behalf of an educational establishment under this section in any calendar year.

(3) This section shall not apply where there is a licensing scheme certified under section 173 and the person making the copies knew or ought to have been aware of the existence of the licensing scheme.

(4) The terms of a licence granted to an educational establishment authorising the reprographic copying for the educational purposes of that establishment of passages from literary, dramatic or musical works or the typographical arrangements of published editions or original databases, which have been lawfully made available to the public, shall be void in so far as they purport to restrict the proportion of a work which may be copied (whether on payment or free of charge) to less than that which would be permitted under this section.

(5) Where a copy which would otherwise be an infringing copy is made under this section 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.

Copyright not infringed by lending.

58.—(1) Subject to subsection (2), educational establishments and establishments to which members of the public have access shall be exempt from the payment of remuneration under section 40 (1)(g) and shall not infringe the copyright in a work by the lending of copies of the work.

(2) The Minister shall prescribe the educational establishments and the establishments to which members of the public have access for the purposes of subsection (1).

Libraries and Archives

Regulations relating to copying by libraries and archives.

59.—(1) The Minister may make regulations for the purposes of this section and those regulations may make different provisions for different descriptions of libraries or archives and for different purposes.

(2) Without prejudice to the generality of subsection (1), the Minister may prescribe the libraries and archives to which sections 60 to 67 apply and may prescribe all or any of the following:

(a) the conditions that are to be complied with when a librarian or archivist of a prescribed library or prescribed archive makes and supplies a copy of any part of a work which has been lawfully made available to the public to a person requiring a copy;

(b) the conditions that are to be complied with when a librarian or archivist of a prescribed library or prescribed archive makes and supplies to another prescribed library or prescribed archive a copy of a work or part of a work which has been lawfully made available to the public and is required by that other prescribed library or prescribed archive;

(c) the conditions that are to be complied with before a librarian or archivist of a prescribed library or prescribed archive makes a copy of a work in the permanent collection of the prescribed library or prescribed archive in order to preserve or replace that work in the permanent collection of that library or archive, or in the permanent collection of another prescribed library or prescribed archive;

(d) the conditions that are to be complied with by a librarian or archivist of a prescribed library or prescribed archive when making or supplying a copy of the whole or part of certain works which have not been lawfully made available to the public from a work in the prescribed library or prescribed archive to a person requiring the copy.

Libraries and archives: declarations.

60.—(1) Where regulations made by the Minister under section 59 require a librarian or archivist to be satisfied as to any matter before making or supplying a copy of a work—

(a) the librarian or archivist concerned may rely on a declaration as to that matter by the person requesting the copy, unless the librarian or archivist is aware that it is false in a material particular, and

(b) in such cases as may be prescribed, the librarian or archivist shall not make or supply the copy in the absence of a declaration in such form as may be prescribed.

(2) Where a person requesting a copy of a work makes a declaration which is false in a material particular and is supplied with a copy which would have been an infringing copy if made by him or her—

(a) he or she shall be liable for infringement of copyright as if he or she had made the copy, and

(b) the copy shall be treated as an infringing copy.

Copying by librarians or archivists: articles in periodicals.

61.—(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make and supply a copy of an article or the contents page in a periodical without infringing any copyright in the article, the contents page or in any illustrations accompanying the article or the contents page or in the typographical arrangement.

(2) A copy made under subsection (1) shall not be supplied other than to a person who satisfies the librarian or archivist that he or she requires that copy for the purposes of research or private study and he or she shall not use it for any other purpose and that person shall not be furnished with more than one copy of the same article unless the person satisfies the librarian or archivist that the previous copy has been lost, stolen, discarded or destroyed or a reasonable period of time has elapsed, and that person shall not be furnished with more articles from a volume of a periodical than the number of issues that comprise that volume or 10 per cent of the volume, whichever is the greater.

(3) In this section, “article” includes an item of any description in a periodical with the exception of the table of contents.

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

62.—(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make and supply a copy of part of a work (other than an article or the contents page in a periodical) which has been lawfully made available to the public without infringing any copyright in the work, in any illustrations accompanying the work or in the typographical arrangement.

(2) A copy made under subsection (1) shall not be supplied other than to a person who satisfies the librarian or archivist that he or she requires that copy for the purposes of research or private study and he or she shall not use it for any other purpose and that person shall not be furnished with more than one copy of the same material unless the person satisfies the librarian or archivist that the previous copy has been lost, stolen, discarded or destroyed or a reasonable period of time has elapsed, and that person shall not be furnished with a copy of more than a reasonable proportion of any work.

Multiple copying.

63.—(1) A copy of a work shall not be supplied under section 61 or 62 to more than 3 persons whose requirements are related to any similar requirement of any other person.

(2) For the purposes of subsection (1)—

(a) the requirements of persons shall be deemed to be similar where the requirements are for copies of substantially the same material at approximately the same time and for substantially the same purpose, and

(b) the requirements of persons shall be deemed to be related where those persons receive instructions to which the material is relevant at the same time and place.

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

64.—(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make and supply to another prescribed library or prescribed archive a copy of—

(a) a periodical or articles or the contents page contained therein, or

(b) the whole or part of a work,

which has been lawfully made available to the public, without infringing any copyright in the periodical, in the article, in the contents page or in the work, in any illustrations accompanying the periodical, the article, the contents page or the work or in the typographical arrangement.

(2) Subsection (1) shall not apply where, at the time the copy is made, the librarian or archivist making it could, by reasonable enquiry, obtain the consent of a person entitled to authorise the making of the copy.

Copying by librarians or archivists: replacement copies of works.

65.—(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make a copy of a work in the permanent collection of the library or archive in order—

(a) to preserve or replace that work by placing the copy in the permanent collection of that library or archive in addition to or in place of that work, or

(b) to replace in the permanent collection of another prescribed library or prescribed archive a work which has been lost, destroyed or damaged,

without infringing the copyright in the work, in any illustrations accompanying the work or in the typographical arrangement.

(2) This section shall only apply where it is not reasonably practicable to purchase a copy of the work concerned for the purposes of subsection (1).

Copying by librarians or archivists for certain purposes.

66.—(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make a copy of a work in the permanent collection of the library or archive—

(a) for the purposes of obtaining insurance cover for the works concerned;

(b) for purposes of security;

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

(d) for exhibition in the library or archive; or

(e) for the purposes of informing the public of an exhibition,

without infringing any copyright in the work, in any illustrations accompanying the work, or in the typographical arrangement.

(2) This section shall apply to copying conducted for the curatorial purposes specified in subsection (1), and to an extent reasonably justified by the non-commercial purpose to be achieved.