Copyright and Other Intellectual Property Law Provisions Act 2019

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Amendment of Principal Act - insertion of sections 225A to 225D

31. The Principal Act is amended by the insertion of the following sections after section 225:

“Text and data mining for non-commercial research

225A. (1) Subject to subsection (3), the making of a copy of a performance or recording by a person who has lawful access to the performance or recording does not infringe any of the rights conferred by this Part where the copy is—

(a) made in order that the person may carry out a computational analysis of anything in the work for the sole purpose of research for a non-commercial purpose, and

(b) accompanied by a sufficient acknowledgement.

(2) A copy made under subsection (1) of a performance or recording which was, at the time when the copy was made, available without a restriction as to its access does not infringe copyright, and whether or not that work continues to be so available after that time.

(3) Where a copy of a performance or recording has been made under subsection (1) by a person, the copyright in the performance or recording is infringed where the copy—

(a) is transferred to any other person, except where the transfer is authorised by the copyright owner, or

(b) is used for any purpose other than the purpose referred to in subsection (1)(a).

(4) Without prejudice to section 374, nothing in Part VII shall be construed as operating to prevent any person from undertaking an act permitted by this section.

(5) Without prejudice to the generality of section 52(1), where the publication of the results of a computational analysis referred to in subsection (1)(a) of a copy of a performance or recording includes the reproduction of extracts from the performance or recording, such inclusion shall constitute inclusion in an incidental manner referred to in section 52(1) if the extracts are not more than are reasonably necessary to explain, or to assist in explaining, the results of the analysis.

Illustration for education, teaching or scientific research

225B. (1) Subject to subsections (2) to (5), it is not an infringement of the rights conferred by this Part—

(a) to make or to cause to be made a copy or communication of a recording of a performance for the sole purpose of illustration for education, teaching or scientific research or of preparation for education, teaching or scientific research, or

(b) without prejudice to the generality of paragraph (a), for an educational establishment, for the educational purposes of that establishment, to copy or cause to be copied a recording of a performance, or to do or to cause to be done any other reasonably necessary act in order to display it.

(2) Subsection (1) shall not apply unless the copy or communication is—

(a) made for purposes that are neither directly nor indirectly commercial,

(b) made only to an extent reasonably justified by the non-commercial purposes referred to in paragraph (a), and

(c) accompanied by a sufficient acknowledgement.

(3) Subsection (1) shall not apply if—

(a) the recording being copied or communicated is an infringement of the rights conferred by this Part, and

(b) the person making the copy or communication or causing it to be made did not have reasonable grounds to believe that the recording was not such an infringement.

(4) Where a copy which would otherwise be an illicit recording 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 illicit recording for those purposes and for all subsequent purposes.

(5) Subsection (1) shall not apply if the recording is commercially available in the State—

(a) in a medium that is appropriate for any purpose referred to in that subsection,

(b) by or with the authority of the owner of the rights in that recording,

(c) on commercial terms no less favourable than those that apply to the recording in a medium other than the medium referred to in paragraph (a), and

(d) in sufficient supply to meet the likely demand for that recording in the medium referred to in paragraph (a).

Distance learning provided by educational establishment

225C. (1) Subject to subsections (2) and (3), it is not an infringement of the rights conferred by this Part for—

(a) an educational establishment, for the educational purposes of that establishment, to communicate a recording of a performance, sound recording, film, broadcast or cable programme as part of a lesson or examination to a student of that establishment by telecommunication, and

(b) a student who has received such a lesson or examination to make a copy of such recording, film, broadcast or cable programme in order to be able to listen to or view it at a more convenient time.

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

(a) the recording, film, broadcast or cable programme being communicated or copied is an infringement of the rights conferred by this Part, and

(b) the person making the communication or copy or causing it to be made did not have reasonable grounds to believe that the recording, film, broadcast or cable programme was not such an infringement.

(3) Where a copy which would otherwise be an illicit recording 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 illicit recording for those purposes and for all subsequent purposes.

Use by educational establishment of recording of performance available through the Internet

225D. (1) Subject to subsection (2), it is not an infringement of the rights conferred by this Part for an educational establishment, for the educational purposes of that establishment, to copy or communicate a recording of a performance that is available through the Internet if that copy or communication is accompanied by a sufficient acknowledgement.

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

(a) the recording is protected by a technological protection measure,

(b) the educational establishment knew or ought to have been aware that the recording was made available through the Internet without the consent of the copyright owner, or

(c) a clearly visible notice, and not merely the copyright symbol, prohibiting the copying or communication of the recording is posted on the Internet website concerned or on the recording itself.”.