Secondary Infringement

COPYRIGHT ACT

 

43. —(1) For the purposes of section 37 —
    • an adaptation is made when it is recorded in writing or otherwise, and
    • 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

(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—

 

 

 

⁴⁴ Inserted by the Copyright and Related Rights (Amendment) Act 2007

 

	(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
	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—
Interpretation of 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.
	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,
Secondary infringement: dealing with infringing copy.	(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.
	46.—(1) A person infringes the copyright in a work where he or she, without the licence of the copyright owner—
	(a) makes,
Secondary infringement: providing means for making infringing copies.	(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.
	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 premises 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,
Secondary infringement: permitting use of apparatus for infringing performances.	(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.