Intellectual Property
Copyright Act 2000
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.
Fair dealing: research or private study.
Fair dealing: criticism or review.
Incidental inclusion of copyright material.
PART V
Databases
Rights in Databases
Chapter 2
Database right.
Chapter 3
Maker of database.
First ownership of database right.
Acts restricted by database right.
Chapter 5
Term of protection of database right.
Chapter 6
Qualification for database right.
Chapter 7
Avoidance of certain terms affecting lawful users.
Chapter 8
Exemptions in respect of databases.
Education