Industrial and Commercial Property (Protection) Act, 1927
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Infringement of copyright. |
155.—(1) Copyright in a work shall be deemed to be infringed by any person who, without the consent of the owner of the copyright, does anything the sole right to do which is by this Part of this Act conferred on the owner of the copyright: Provided that the following acts shall not constitute an infringement of copyright:— | |
(i) any fair dealing with any work for the purposes of private study, research, criticism, review, or newspaper summary; | ||
(ii) where the author of an artistic work is not the owner of the copyright therein, the use by the author of any mould, cast, sketch, plan, model, or study made by him for the purpose of the work, provided that he does not thereby repeat or imitate the main design of that work; | ||
(iii) the making or publishing of paintings, drawings, engravings, or photographs of a work of sculpture or artistic craftsmanship, if permanently situate in a public place or building, or the making or publishing of paintings, drawings, engravings, or photographs (which are not in the nature of architectural drawings or plans) of any architectural work of art; | ||
(iv) the publication in a collection of prose or poetry or of both, bonâ fide intended for the use of schools and so described in the title and in any advertisements issued by the publisher, of passages not exceeding in each case one hundred lines from published literary works not themselves originally published for the use of schools in which copyright subsists: Provided that such passages shall not include passages taken from copyright works within five years from date of first publication and that not more than two of such passages from works by the same author are published by the same publisher in any one book, and that the sources from which such passages are taken are acknowledged; | ||
(v) the publication in a newspaper of a report of a lecture delivered in public, unless the report is prohibited by conspicuous written or printed notice affixed before and maintained during the lecture at or about the main entrance of the building in which the lecture is given, and, except whilst the building is being used for public worship, in a position near the lecturer; but nothing in this paragraph shall affect the provisions in paragraph (i) as to newspaper summaries; | ||
(vi) save in the case of a work which was first published after the commencement of this Part of this Act, the reading or recitation in public by one person of any reasonable extract from any published work; | ||
(vii) in the case of a work which was first published after the commencement of this Part of this Act, the reading or recitation in public as part of a lecture, address, sermon, or speech of any reasonable extract from the work. | ||
(2) Copyright in a work shall also be deemed to be infringed by any person who— | ||
(a) sells or lets for hire, or by way of trade exposes or offers for sale or hire; or | ||
(b) distributes either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright; or | ||
(c) by way of trade exhibits in public; or | ||
(d) imports for sale or hire into Saorstát Eireann; | ||
any work which to his knowledge infringes copyright or would infringe copyright if it had been made within Saorstát Eireann. | ||
(3) Save in the case of a work which was first published after the commencement of this Part of this Act, copyright in a work shall also be deemed to be infringed by any person who for his private profit permits a theatre or other place of entertainment to be used for the performance in public of the work without the consent of the owner of the copyright, unless he was not aware and had no reasonable ground for suspecting that the performance would be an infringement of copyright. | ||
(4) In the case of a work first published after the commencement of this Part of this Act, copyright shall also be deemed to be infringed by any person who permits a theatre, hall, room, or other place to be used for the public performance for profit of the work without the consent of the owner of the copyright, unless such person was not aware and had no reasonable grounds for suspecting that the performance would be an infringement of copyright. | ||
(5) Every person who permits a theatre, hall, room, or other place to be used for a performance which is, under the next preceding sub-section of this section, an infringement of copyright shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds. | ||
(6) Notwithstanding anything contained in section 174 (which relates to the preservation of existing copyrights) of this Act, paragraph (iv) of sub-section (1) of this section shall apply to copyright acquired before the 6th day of December, 1921, as well as to copyright acquired since that date under this Act. |