Secondary Infringement
Distributing Infringing Works
A person infringes the copyright in a work where he or she without the licence of the copyright owner—
- sells, rents or lends, or offers or exposes for sale, rental or loan,
- imports into the State, otherwise than for his or her private and domestic use,
- 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
- 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.
Device Facilitating
A person infringes the copyright in a work where he or she, without the licence of the copyright owner—
- makes,
- sells, rents or lends, or offers or exposes for sale, rental or loan,
- imports into the State, or
- 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.
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 copyright of  Houses of the Oireachtas made by means of the reception of the transmission in the State or elsewhere.
Where the copyright in 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.
Persons Liable
Where the copyright in work is infringed by a public performance of the work, or by playing or showing the work in public, by means of apparatus for—
- playing sound recordings,
- showing films, or
- 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:
- 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 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;
- 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
- 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
Secondary Infringement Offences
It is an offence in relation to an infringing copy to
- make it for sale, rent or loan;
- expose it for sale, rent or loan, import,
- have possession of it in the course of business or
- make it available to the public in the course of a business to such an extent so as to prejudice the interest of the owners of the copyright
a copy of work which he knows or has reason to believe is an infringing copy of the work. The copy must be an infringing copy.
It is an offence to manufacture, sell, rent, lend import or have in one’s possession a protection-defeating device, knowing or having reason to believe it is used to counter rights protection mechanisms.
It is an offence to manufacture, sell, rent or import or have possession of an article designed or adapted for making infringing copies.
The offence is subject on summary conviction to a fine of up to €1,900 for each copy or offence, imprisonment for up to 12 months or on indictment, a fine of up to €125,000 euro or imprisonment of up to 5 years or both.
Performance etc. Offences
It is a breach of copyright and an offence to infringe copyright by
- public performance of a literary, dramatic or musical work,
- the playing or showing in public of a sound recording, artistic work, original database or film, or
- broadcasting a work or including work in a cable programme service,
where the person you or had reason to believe that copyright in the work would be infringed
It is an offence to manufacture sell, rent, lend import or have in one’s possession a protection defeating device, knowing or having reason to believe it is used to counter rights protection mechanisms.
Device Offences
It is an offence to manufacture, sell or rent or import or possession of an article designed or adapted for making infringing copies. A person who—
- makes,
- sells, rents or lends, or offers or exposes for sale, rental or loan,
- imports into the State, or
- has in his or her possession, custody or control,
an article specifically designed or adapted for making copies of a work, knowing or having reason to believe that it has been or is to be used to make infringing copies, shall be guilty of an offence.
The offence is subject on summary conviction to a class C fine for each copy or offence, imprisonment or up to 12 months or on indictment a fine of up to €130,000 euro or imprisonment of up to 5 years or both.
A person who, for financial gain, makes a claim to enjoy a right which is, and which he or she knows or has reason to believe is, false shall be guilty of an offence and shall be liable on conviction on indictment to a fine not exceeding £100,000 €130,000 or to imprisonment for a term not exceeding 5 years, or both.
Where a person is convicted of an offence or the court is satisfied that there is a presumptive case to answer, infringing copies, articles and devices may be ordered to be delivered up to the copyright owner or such other person as the court directs. The copies may be forfeited.
Enforcement
An application may be made for a warrant authorising Garda Siochana to search premises for the purpose of gathering evidence of a copyright infringement. It is an offence to resist the search.
The copyright owner may apply to court to have infringing copies destroyed or forfeited. The court may make such order as it sees fit.
An application may be made for a warrant authorising Garda Siochana to search premises for the purpose of gathering evidence of a copyright infringement for an offence is reasonably suspected to have taken place and there is evidence at that place. It is an offence to resist a search.
The member of an Garda Siochana searching may seize any copies of any works, articles or devices in respect of which he or she has reasonable grounds for suspecting that an offence has been or is about to be committed;
- to make an inventory or prepare other evidence of infringement of copyright or potential infringement of copyright;
- to seize anything found there which he or she believes on reasonable grounds may be required to be used in evidence in any proceedings brought in respect of an offence under the Act;
to require any person found there to give his or her name and address.