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Copyright Term

COPYRIGHT ACT

  Chapter 3

 

Duration of Copyright
  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.
  (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—

Duration of copyright in a literary, dramatic, musical or artistic work or an original database.

 the date (if any) on which the work is first lawfully made available to the public, or
  whether the work is ever lawfully made available to the public.28
  (a) (1A) Notwithstanding subsection (1), the copyright in a musical composition with words shall expire 70 years after the last of the following persons dies, namely:
  (b) the author or authors of the musical composition whose identity is known;
  the author or authors of the words whose identity is known;
  provided that both the musical composition and the words were specifically created for the musical composition with words and that either the musical composition or the words were protected by copyright in at least one Member State on 1 November 2013, or were created on or after that date.

(a)
  (b) (2) The copyright in a work specified in subsection (1), or, in the case of a musical composition with words referred to in subsection (1A), a musical composition with words, 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,

 

 

28 Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

 

  (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.
  (4) In relation to a musical composition with words referred to in subsection (1A), references in subsection (3) and in section 32(1) to the identity of the author becoming known or being disclosed shall be construed as references to the identity of any of the authors of the musical composition or the words becoming known or being disclosed.29
  24A.    (1)       Subject to subsection (2), where, in relation to a musical composition with words referred to in section 24(1A) –
  (a) the copyright in either the musical composition or the words had expired prior to 1 November 2013 and is revived by virtue of section 24(1A), or
 

Transitional provisions relating to section 24(1A).

 (b)the copyright in the musical composition or the words did not expire before 1 November 2013 and is extended by virtue of section 24(1A),
  the owner of the copyright as so revived or extended shall be the author, or, in the event that that person is deceased, his or her legal personal representative.
  (2)   Where, in the case of revived or extended copyright specified in subsection (1), a deed of assignment or other binding legal instrument transferring ownership in the copyright of the musical composition or the words expressly provided that, in the event of any revival or extension of the copyright being effected by or under any enactment, the copyright as so revived or extended would vest in the person to whom ownership in the copyright was transferred, the ownership of the copyright shall vest accordingly.
  (3)   Where, in relation to a musical composition with words referred to in section 24(1A), the copyright in either the musical composition or the words had expired prior to 1 November 2013 and was revived by virtue of section 24(1A) (‘revived copyright’) –
  (a) a person who, before 1 November 2013, undertook the exploitation of such a work at a time when that work was not

 

 

protected by copyright shall not be regarded as having infringed the revived copyright,
(b)a person who, before 1 November 2013, undertook the exploitation of such a work at a time when that work was not protected by copyright shall not infringe the revived copyright by continuing that exploitation of that work,
(c) a person who, before 1 November 2013, made preparations to exploit such a work at a time when that work was not protected by copyright shall not infringe the revived copyright by the exploitation which he or she undertakes of that work on foot of such preparations,
(d) a person who does anything in relation to a literary, dramatic or musical work or a film that contains a copy of such a work or is an adaptation of such a work, where the literary, dramatic or musical work or film –
(i)       was made before commencement, or
(ii)      was made on foot of preparations made before 1 November 2013,
shall not infringe the revived copyright in such a work

if –
(I)the copy or adaptation of that work was made before 1 November 2013 at a time when that work was not protected by copyright, or
(II)          the copy or adaptation of that work was made on foot of preparations made before 1 November 2013 at a time when that work was not protected by copyright, and
(e) a person who exploits such a work on or after 1 November 2013 shall not infringe revived copyright in that work if the exploitation is done at a time when, or is on foot of preparations made at a time when, the name and the address of a person entitled to authorise the exploitation cannot by reasonable inquiry be ascertained.
(4)   It is not an infringement of any moral right conferred by Chapter 7 of Part II to do anything which by virtue of subsection (3) is not an infringement of copyright.30
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;

 

Duration of copyright in films.

 (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.
  26.—The copyright in a sound recording shall expire—
  (a) 50 years after the sound recording is made, or

Duration of copyright in sound recordings.

 (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. available or,
  (c)    notwithstanding paragraph (b), where the sound recording is lawfully made available to the public during the period specified in paragraph (a), and –
  (i)    where the rights of the performer and the producer would still have been protected on 1 November 2013, had the European Union (Term of Protection of Copyright and Certain Related Rights) (Directive 2011/77/EU) Regulations 2013 not come into operation on that date, or
  (ii) where the sound recording is created on or after 1 November 2013,
  70 years after the date of such making available.31
  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.

 

 

31 Amended by the European Union (Term of Protection of Copyright and Related Rights) (Directive 2011/77/EU) Regulations 2013)

 

Duration of copyright in broadcasts.

 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 cable programmes.

 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.
  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 typographical arrangements.

 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.

Duration of copyright in computer- generated works.

  31A.—The copyright in a design registered under the Industrial Designs Act, 2001, shall expire 25 years after the filing date of the application for registration of the design under that Act or on the date of expiration of the copyright under this Act, whichever is the sooner.3233
 

Duration of copyright in works in volumes, parts, etc.

  

31B. (1) An act to which subsection (2) applies is not an infringement of the copyright in a design registered under the Industrial Designs Act 2001 if—
Duration of copyright in relation to registered design. that act is done pursuant to a contract entered into before the relevant date, and
  that act, if it were done immediately before the relevant date, would not, by virtue of section 31A, have been such an infringement.
  (a)        (2) An act to which this subsection applies is

any of the following acts done, in relation to a design referred to in subsection (1), during the 6

 

32 Inserted by the Industrial Designs Act, 2001.

33 Repealed by the Copyright and Other Intellectual Property Law Provisions Act 2019

 

months    period    immediately    following    and including the relevant date:
(b)               (a) the copying of the design;
 

(b) the provision of means for making a copy of the

design;
(c) the importation into the State of a copy of the

design.
(3) An act to which subsection (4) applies is not an infringement of the copyright in a design registered under the Industrial Designs Act 2001 if that act, if it were done on the day immediately before the relevant date, would not, by virtue of section 31A, have been such an infringement.
(4) An act to which this subsection applies is any of the following acts done, in relation to a design referred to in subsection (3), during the 6 months period immediately following and including the relevant date:
(a) the issuing or selling, or renting or lending, to the public of a copy of the design that was made in, or imported into, the State—
before the relevant date, or
during that 6 months period pursuant to a contract entered into before the relevant date;
(i) (b) the communication to the public of that design in connection with anything done in reliance on paragraph (a).
(ii)         (5) In this section, ‘relevant date’ means the date referred to in section 1(7) of the Copyright and Other Intellectual Property Law Provisions Act 2019.34
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) or

subsection (1A), as the case may be, of that

34 Amended by the Copyright and Other Intellectual Property Provisions Act 2019

 

  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 a musical composition with words35 or original database where it is reasonable to presume that the author has been dead for 70 years or more.
 

Miscellaneous matters in relation to duration.

 (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.
  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.
  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.

 

 

35 Amended by the European Union (Term of Protection of Copyright and Related Rights) (Directive 2011/77/EU) Regulations 2013)

 

  34. (1) Subject to subsection (2), 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.

Expiry of copyright.

 (2) A work is not lawfully made available to the public by a person for the purposes of subsection (1) if the person has made the work available to the public without first obtaining the express consent of the owner of the physical medium in which the work is embodied, or on which the work is recorded, to do so.36

Making available of a work not previously made available.

 34A.— In civil proceedings for infringement of a right conferred in respect of a work made available to the public under section 34, where copies of the work bear or incorporate a statement, label or other mark that a named person is the owner of rights in the work under that section, the statement, label or mark shall be admissible as evidence of the fact stated or indicated and shall be presumed to be correct, unless the contrary is proved.37
  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.

Presumption relevant to section 34.

 36.—Sections 24 to 35 shall not apply to Government or Oireachtas copyright or to the copyright of prescribed international organisations.

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