Key Rights

Table of Contents

COPYRIGHT ACT

	Chapter 4 Rights of Copyright Owner
Non-application of certain provisions on duration to Government copyright, etc.	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;
Acts restricted by copyright in a work.	(b) to make available to the public the work;

³⁶ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

37 Inserted by the European Communities (Enforcement of Intellectual Property Rights) Regulations 2006

	(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.
	(3) For the purposes of any reference in this Act to the undertaking of an act restricted by the copyright in a work—
	(a) ‘work’ shall be construed as a reference to—
	the work as a whole,
	any substantial part of the work, or
	(i) rights identifying information embedded or otherwise incorporated in the work, (ii) and
	(iii) (b) the undertaking of an act indirectly, as well as directly, shall be taken to be included in such reference.³⁸
	38.—(1) Notwithstanding the provisions of section 37 , where a person proposes to—
	(a) play a sound recording in public, or
Playing of sound recordings — licences of right.	(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

³⁸ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

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,

(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.
	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—
Reproduction right.	(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”.
	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);
Making available right.	(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 work³⁹,
	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.

³⁹ Deleted by the Copyright and Related Rights (Amendment) Act 2007

(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

(5A) (a) The owner of the copyright in a work may, in respect of that work, apply to the High Court for an injunction against an intermediary to whom paragraph 3 of Article 8 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society applies.

(b) In considering an application for an injunction under this subsection, the court shall have due regard to the rights of any person likely to be affected by virtue of the grant of any such injunction and the court shall give such directions (including, where appropriate, a direction requiring a person be notified of the application) as the court considers appropriate in all of the circumstances.⁴⁰

(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

⁴⁰ Inserted by the European Union (Copyright and Related Rights) Regulations 2012

	(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. (7A) For the avoidance of doubt, no infringement of any right created by this Part in relation to an artistic or literary work occurs by reason of the placing on display the work, or a copy thereof, in a place or premises to which members of the public have access.⁴¹
	(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”.
	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
Distribution right.	(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,

⁴¹ Inserted by the Copyright and Related Rights (Amendment) Act 2004

	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”.
	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;
Rental and lending right.	(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

(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 Subject to subsection (7), there⁴² 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”.

(7) The lending right in relation to a work does not apply at any time in a period during which a scheme for the remuneration of authors is in effect, pursuant to section 42A, in relation to works of a class in which that work is included, whether the author, or (in the case of a work of joint authorship) any of the authors, is a participant in that scheme or not..⁴³

42A.— (1) The Minister for the Environment, Heritage and Local Government may by regulation establish a scheme, to be known as the Public Lending Remuneration Scheme, to remunerate authors, out of moneys voted by the Oireachtas for the purpose, for the lending by public libraries of qualifying works.

(2) For the purposes of subsection (1), a work is a qualifying work in relation to a particular period if—

(a) in relation to that period, it is a work included in a class of works declared by regulations made for the purposes of that subsection to be a class of works to which the scheme applies, and

(b) the author of the work (or, in the case of a work of joint authorship, any one or more of the joint

⁴² Inserted by the Copyright and Related Rights (Amendment) Act 2007

⁴³ Inserted by the Copyright and Related Rights (Amendment) Act 2007

authors) is a citizen or subject of, or is an individual domiciled or ordinarily resident in, a Member State of the EEA.

(3) Regulations made for the purposes of subsection (1) shall make comprehensive provision for the operation of the Public Lending Remuneration Scheme, and may include, in particular, provisions relating to—

(a) the manner of participation in the scheme by individual authors, including, but not limited to—

(i) a requirement for the registration of authors and their works as a condition of participation in the scheme, and

(ii) in the case of works of joint authorship, provision for distinguishing, between those of the joint authors who are citizens or subjects of, or are individuals domiciled or ordinarily resident in, Member States of the EEA and those who are not,

(b) in relation to any requirement for the registration of authors—

(i) the manner of maintaining the register, and

(ii) the form and particulars of entries in it,

(i) the manner of calculating, or estimating, the number of instances of lending of the works of individual authors or of individual works of individual authors,

(ii) the rate of remuneration, including—

(I) differential rates of remuneration for particular classes of work, and

(II) in the case of works of joint authorship, differential rates of remuneration for the individual joint authors,

(iii) the periods in respect of which payments may be made under the scheme, and

(iv) minimum and maximum amounts payable, in respect of a specified period, to individual participating authors,

(d) the manner in which payments under the scheme are to be made,

(e) the establishment or designation of one or more persons or bodies to exercise powers and perform duties in respect of the administration of the scheme or any part of it (including the making of payments under the scheme), and

(f) the making of arrangements with authorities in other countries for—

(i) reciprocal registration of authors and works, and

(ii) the sharing and exchange of data relating to the operation of the scheme and similar schemes in those countries.

(4) A person who contravenes a provision of regulations made for the purposes of subsection (1) that is expressed to be a provision contravention of which attracts the operation of this subsection is guilty of an offence punishable on summary conviction by a fine not exceeding €5,000.

(5) In this section—

‘author’ includes, in relation to a recording of a performance, the performer;

‘public library’ means a library to which members of the public have access that is operated by or under the direction of a library authority within the meaning of section 77(1) of the Local Government Act 2001.⁴⁴

Infringement by adaptation of works.

	Chapter 6 Acts Permitted in Relation to Works Protected by Copyright
	49.—In this Part, an act may be exempted under more than one category of exemption and the exemption of an act under one category of exemption shall not preclude its exemption under another category.
	50.—(1) Fair dealing with a literary, dramatic, musical or artistic work, sound recording, film, broadcast, cable programme, or non-electronic original database, for the purposes of research or private study, shall not infringe any copyright in the work.
Exemptions in respect of copyright works.	(2) Fair dealing with a typographical arrangement of a published edition for the purposes of research or private study shall not infringe any copyright in the arrangement.
Fair dealing: research or private study.	(3) The copying by a person, other than the researcher or private student, is not fair dealing where—
	(a) in the case of a librarian or archivist, he or she does anything which is not permitted under section 63, or
	(b) in any other case, the person copying knows or has reason to believe that the copying will result in copies of substantially the same material being provided to more than one person at approximately the same time and for substantially the same purpose.
	(4) In this Part, “fair dealing” means the making use of a literary, dramatic, musical or artistic work, film, sound recording, broadcast, cable programme, non- electronic original database or typographical arrangement of a published edition which has already been lawfully made available to the public, for a purpose and to an extent which will not unreasonably prejudice the interests of the owner of the copyright.

	(5) In this Part, the following acts are not fair dealing—
	(a) converting a computer program expressed in a low level computer language into a version expressed in a higher level computer language, or
	(b) copying a computer program in an incidental manner in the course of converting that program.
	(6) The exemption provided for in this section shall not apply to reproductions of sheet music, on paper or any similar medium, effected by the use of any kind of photographic technique or by some other process having similar effects.⁴⁵
	51.—(1) Fair dealing with a work for the purposes of criticism or review of that or another work or of a performance of a work shall not infringe any copyright in the work where the criticism or review is accompanied by a sufficient acknowledgement.
	(2) Fair dealing with a work (other than a photograph) for the purpose of reporting current events shall not infringe copyright in that work, where the report is accompanied by a sufficient acknowledgement.
Fair dealing: criticism or review.	(2) It is not an infringement of the rights conferred by this Part if a copy of a work (other than a photograph) on current economic, political or religious matters or similar matters is made by a media business (within the meaning of section 28A(1) of the Competition Act 2002 ) and communicated by the media business to the public if—
	such use is not expressly reserved, and
	the copy and communication are accompanied by a sufficient acknowledgement.
	(a) (2A) Where a copy which would otherwise be an infringing copy is made under subsection (2) but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.⁴⁶
	(b) (3) In this Part this Act⁴⁷, “sufficient acknowledgement” means an acknowledgement identifying the work concerned

⁴⁵ Inserted by the European Union (Copyright and Related Rights) Regulations 2004

⁴⁶ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

⁴⁷ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

	by its title or other description and identifying the author unless—
	(a) in the case of a work which has been lawfully made available to the public, it was so made available anonymously, or
	(b) in the case of a work which has not been made available to the public, it is not possible for a person without previous knowledge of the facts to ascertain the identity of the author of the work by reasonable enquiry.
	52.—(1) The copyright in a work is not infringed by its inclusion in an incidental manner in another work.
	(2) The copyright in a work is not infringed by the making available to the public of copies of anything the making of which was not, by virtue of subsection (1), an infringement of the copyright.
Incidental inclusion of copyright material.	(3) A work shall not be regarded as included in an incidental manner in another work where it is included in a manner where the interests of the owner of the copyright are unreasonably prejudiced.
	(4) The copyright in a work which has been lawfully made available to the public is not infringed by the use of quotations or extracts from the work, where such use does not prejudice the interests of the owner of the copyright in that work and such use is accompanied by a sufficient acknowledgement.
	(5) Fair dealing with a work for the purposes of caricature, parody or pastiche shall not infringe the copyright in that work.⁴⁸
	Education
	53.—(1) Subject to subsection (2), the copyright in a literary, dramatic, musical or artistic work or the typographical arrangement of a published edition is not infringed by its being copied in the course of instruction or of preparation for instruction education or of preparation for education.⁴⁹
	(2) Subsection (1) shall not apply unless—
Acts done for purposes of instruction or examination.	(a) the copying is done by or on behalf of a person giving or receiving instruction education,⁵⁰

⁴⁸ Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

⁴⁹ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

⁵⁰ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

	(b) the copying is not by means of a reprographic process, and
	(c) the copy is accompanied by a sufficient acknowledgement.
	(3) Subject to subsection (4), the copyright in a sound recording, film, broadcast, cable programme or an original database is not infringed by its being copied in the course of instruction or of preparation for instruction education or of preparation for education.⁵¹
	(4) Subsection (3) shall not apply unless—
	(a) the copying is done by or on behalf of a person giving or receiving instruction education,⁵²
	(b) the copying results in only a single copy being made, and
	(c) the copy is accompanied by a sufficient acknowledgement.
	(5) Subject to subsection (6), the copyright in a work is not infringed by anything done for the purposes of an examination by way of setting questions, communicating questions to the candidates or answering questions.
	(6) Subsection (5) shall not apply to the making of a reprographic copy of a musical work for use by an examination candidate in performing the work.
	(7) Where a copy that would otherwise be an infringing copy is made under this section but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.
	53A. (1) Subject to subsection (3), the making of a copy of a work by a person who has lawful access to the work does not infringe copyright in the work where the copy is—
	made in order that the person may carry out a computational analysis of anything in the work for the sole purpose of research for a non-commercial purpose, and
Text and data mining for non- commercial research	accompanied by a sufficient acknowledgement.

⁵¹ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

⁵² Amended by the Copyright and Other Intellectual Property Provisions Act 2019

(a) to improve the standards of governance and transparency of collective management societies

(b) (3) Where a copy of a work has been made under subsection (1) by a person, the copyright in the work is infringed where the copy—

(a) is transferred to any other person, except where the transfer is authorised by the copyright owner, or

(b) is used for any purpose other than the purpose referred to in subsection (1)(a).

(3A) A copy of a work made in compliance with subsection (1) shall be stored in a secure manner appropriate to the nature of the work concerned and may be retained for the purposes of research, including for the purposes of the verification of research results.

(3B) In order to ensure that a copy of a work is stored with an appropriate level of security in accordance with subsection (3A), the person responsible for the security and integrity of the networks and databases where the copy is hosted (in this section referred to as “the responsible person”) shall ensure that only persons who have lawful access to the data contained in that copy shall be permitted to access those data, including through IP address validation or user authentication.

(3C) Where a copy of a work is made in compliance with subsection (1), the author of the work, in order to satisfy himself or herself of the security and integrity of the networks and databases where the copy is hosted, shall –

(a) be informed of the making of the copy,

(b) be entitled to request information on the steps taken by the responsible person to comply with subsection (3B), and

(c) be entitled, where he or she requests any additional security measures, to a response as soon as practicable as to whether or not those additional security measures will be applied.

(3D) The exceptions and limitations provided for under this section shall only be applied in certain special cases which do not conflict with a normal exploitation of the work or other subject matter and do not unreasonably prejudice the legitimate

interests of the rightholder.

	(3E) Where a beneficiary of an exception or limitation under this section has legal access to the relevant protected work or subject matter, the relevant author or performer shall ensure that that beneficiary has the means of benefiting from that exception or limitation to the extent necessary to do so.
	(3F) Any contractual provision contrary to this section shall be unenforceable.”.⁵³
	(4) Without prejudice to section 374, nothing in Part VII shall be construed as operating to prevent a person from undertaking an act permitted by this section.
	(5) Without prejudice to the generality of section 52(1), where the publication of the results of a computational analysis referred to in subsection (1)(a) of a copy of a work includes the reproduction of extracts from the work, such inclusion shall constitute inclusion in an incidental manner referred to in section 52(1) if the extracts are not more than are reasonably necessary to explain, or to assist in explaining, the results of the analysis.54
	53B. (1) Where an author has not expressly reserved in an appropriate manner, in accordance with subsection (3), the use of a work for reproduction or extraction for the purposes of text and data mining, a person who has lawful access to it but does not fall within the scope of section 53A(1), may reproduce it for the purposes of text and data mining.
	(2) Reproductions and extractions made pursuant to subsection (1) may be retained for as long as is necessary for the purposes of text and data mining.
Text and data mining for the purposes of research – exemption	(3) For the purposes of subsection (1), an author reserves the use of a work for reproduction or extraction for the purposes of text and data mining in an appropriate manner where the reservation concerned – (a) is machine-readable in the case of content made publicly available online, including metadata and terms and conditions of a website or a service, and

⁵³ Inserted by European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021

⁵⁴ Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

	(b) in case of content not made publicly available online, is clearly communicated to all persons who have lawful access to it.
	(4) The exceptions and limitations provided for under this section shall only be applied in certain special cases which do not conflict with a normal exploitation of the work or other subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder.
	(5) Where a beneficiary of an exception or limitation under this section has legal access to the relevant protected work or subject matter, the relevant author or performer shall ensure that that beneficiary has the means of benefiting from that exception or limitation to the extent necessary to do so.
	(6) Any contractual provisions contrary to this section shall be unenforceable.⁵⁵
	54.—(1) Subject to subsection (2), the inclusion of a short passage from a literary, dramatic or musical work, original database or typographical arrangement of a published edition which has been lawfully made available to the public in a collection that—
	(a) is intended for use—
	(i) in educational establishments and is so described in its title, or
Anthologies for educational use.	(ii) in any advertisements issued by or on behalf of the publisher,
	and
	(b) consists mainly of material in which no copyright subsists,
	shall not infringe the copyright in the work where the work itself is not intended for use in those establishments and the inclusion is accompanied by a sufficient acknowledgement.
	(2) Subsection (1) shall not authorise the inclusion of more than 2 excerpts from works by the same author in collections which have been lawfully made available

⁵⁵ Inserted by European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021

	to the public by the same publisher within a period of 5 years.
	(3) In relation to any given passage the reference in subsection (2) to excerpts from works of the same author—
	(a) includes excerpts from works by him or her in collaboration with another author, and
	(b) where the passage concerned is from such a work, includes excerpts from works by any of the authors, whether alone or in collaboration with another author.
	(4) References in this section to the use of a work in an educational establishment shall be construed as references to any use of that work for the educational purposes of that establishment.
	55.—(1) The performance of a literary, dramatic or musical work before an audience limited to persons who are teachers in or pupils in attendance at an educational establishment or other persons directly connected with the activities of that establishment—
	(a) by a teacher or pupil in the course of the activities of the establishment concerned, or
	(b) at the establishment by any person for the purposes of instruction education,⁵⁶
Performing, playing or showing work in course of activities of educational establishment.	is not a public performance for the purposes of infringement of copyright.
	(2) The playing or showing of a sound recording, film, broadcast or cable programme at an educational establishment before an audience referred to in subsection (1) for the purposes of instruction education⁵⁷ is not a playing or showing of the work in public for the purposes of infringement of copyright.
	(3) For the purposes of this section, a person is not directly connected with the activities of an educational establishment by reason only that he or she is a parent or guardian of a pupil in attendance at the educational establishment concerned.

⁵⁶ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

⁵⁷ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

	(4) The Minister may specify by order establishments (other than schools) to be educational establishments for the purposes of this Act.
	56.—(1) A fixation of a broadcast or a cable programme, or a copy of such a fixation, may be made by or on behalf of an educational establishment for the educational purposes of that establishment without infringing the copyright in the broadcast or cable programme, or in any work included in the broadcast or cable programme.
	(2) This section shall not apply where there is a licensing scheme certified under section 173 and the person making the copies knew or ought to have been aware of the existence of the licensing scheme.
	(3) Where a copy which would otherwise be an infringing copy is made under this section but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.
Recording by educational establishments of broadcasts and cable programmes.	57.—(1) Reprographic copies of passages from literary, dramatic or musical works or typographical arrangements of published editions or original databases which have been lawfully made available to the public may, to the extent permitted under this section, be made by or on behalf of an educational establishment for the educational purposes of that establishment without infringing any copyright in the work, subject to those copies being accompanied by a sufficient acknowledgement.
	(2) Not more than 5 per cent of any work may be copied by or on behalf of an educational establishment under this section in any calendar year.
	(3) This section shall not apply where there is a licensing scheme certified under section 173 and the person making the copies knew or ought to have been aware of the existence of the licensing scheme.
Reprographic copying by educational establishments of certain works.	(4) The terms of a licence granted to an educational establishment authorising the reprographic copying for the educational purposes of that establishment of passages from literary, dramatic or musical works or the typographical arrangements of published editions or original databases, which have been lawfully made available to the public, shall be void in so far as they purport to restrict the proportion of a work which may be copied (whether on payment or free of charge) to less than that which would be permitted under this section.

	(5) Where a copy which would otherwise be an infringing copy is made under this section but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.
	57. (1) Subject to subsections (2) to (4), it is not an infringement of the rights conferred by this Part—
	(a) to make or cause to be made a copy or communication of a work for the sole purpose of illustration for education, teaching or scientific research or of preparation for education, teaching or scientific research, or
	(b) for an educational establishment, for the educational purposes of that establishment, to reproduce or cause to be reproduced a work, or to do or cause to be done, any other necessary act, in order to display it.
Illustration for education, teaching or scientific research	(2) Subsection (1) shall apply only if the reproduction or communication is—
	(a) made for purposes that are non-commercial,
	(b) made only to the extent justified by the non- commercial purposes to be achieved, and
	(c) accompanied by a sufficient acknowledgement.
	(3) Not more than 5 per cent of any work can be copied under this section in any calendar year.
	(4) Where a copy which would otherwise be an infringing copy is made under this section but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes⁵⁸.
	(5) Any contractual provisions contrary to this section shall be unenforceable.⁵⁹
	57A. (1) Subject to subsection (2), it is not an infringement of the rights conferred by this Part for—
Amendment of Act of 2000	(a) an educational establishment, for the educational purposes of that establishment, to communicate a work as part of a lesson or examination to a student of that establishment by telecommunication, and

⁵⁸ Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

⁵⁹ Inserted by European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021

	(b) a student who has received such a lesson or examination to make a copy of the work in order to be able to listen to or view it at a more convenient time.⁶⁰ and
Distance learning provided by educational establishment	(2) Subsection (1) shall apply on condition that such use takes place –
	(a) under the authority of an educational establishment, on its premises or at other venues, or through a secure electronic environment access to which is limited to an educational establishment’s teaching staff and to pupils or students enrolled in a study programme, in particular through appropriate authentication procedures including password-based authentication, and
	(b) is accompanied by an indication of the source, including the author’s name, unless this turns out to be impossible.
	(3) The exceptions and limitations provided for under this section shall only be applied in certain special cases which do not conflict with a normal exploitation of the work or other subject matter and do not unreasonably prejudice the legitimate interests of the rightholder.
	(4) Where a beneficiary of an exception or limitation under this section has legal access to the relevant protected work or subject matter, the relevant author or performer shall ensure that that beneficiary has the means of benefiting from that exception or limitation to the extent necessary to do so.
	(5) Any contractual provisions contrary to this section shall be unenforceable.⁶¹
	57B. (1) Subject to subsection (2), it is not an infringement of the rights conferred by this Part if an educational establishment, for the educational purposes of that establishment, makes a copy or communication of a work that is available through the Internet.
	(2) Subsection (1) shall not apply unless the copy or communication of the work concerned is accompanied by a sufficient acknowledgement.⁶²
	57C. (1) An exemption in respect of education provided in section 57, 57A, 57B, 61(2), 62(2), 67(3), 92, 221, 225B, 225C, 225D, 229(2), 234(3), 245(3)(a) or 329 shall not apply where—

⁶⁰ Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

⁶¹ Inserted by European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021

⁶² Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

	(a) there is a licensing scheme certified under section 173 that is applicable to the exemption concerned, and
	(b) the person making use of the work knew or ought to have been aware of the existence of the licensing scheme.
Use by educational establishment of work available through Internet	(2) The terms of a licence granted to an educational establishment on foot of a licensing scheme certified under section 173 shall be void in so far as they purport to restrict the proportion of a work which may be copied or communicated (whether on payment or free of charge) to less than that which would be permitted under section 57, 61 or 62, as the case may be.
	(3) Sections 152 to 155 shall apply in relation to a licensing scheme referred to in subsection (1)(a) as if the scheme were one to which those sections applied pursuant to section 150.⁶³
Licensing schemes for educational establishments
	58.—(1) Subject to subsection (2), educational establishments and establishments to which members of the public have access shall be exempt from the payment of remuneration under section 40 (1)(g) and shall not infringe the copyright in a work by the lending of copies of the work.
	(2) The Minister shall prescribe the educational establishments and the establishments to which members of the public have access for the purposes of subsection (1). The copyright in a work is not infringed by the lending by an educational establishment of a copy of the work.⁶⁴
	58A. (1) It is not an infringement of the rights conferred by this Part for a cultural heritage institution to make available, for non-commercial purposes, out-of-commerce works or other subject matter that are permanently in its collections, where –
Copyright not infringed by lending. Copyright not infringed by lending by educational establishments	(a) no collective management organisation exists that fulfils the conditions set out in Regulation 8(1)(a) of the European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021(S.I. No. 567 of 2021) in relation to that database right,
Cultural Heritage Institutions	(b) it is accompanied by sufficient acknowledgment, and
	(c) such work is only made available on non- commercial websites.

⁶³ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

⁶⁴ Inserted by the Copyright and Related Rights (Amendment) Act 2007

(2) A copyright owner under this Part may exclude his or her work from the use referred to in subsection (1) at any time by notifying the relevant cultural heritage institution by electronic or other means and by including the following in the notice –

(a) notification that the owner is asserting his or her right pursuant to this section,

(b) sufficient details of the work to enable it to be identified and removed from public display.

(3) Upon receipt of a written request in accordance with subsection (2), a cultural heritage institution shall terminate its use of the work or works referred to in that written request within 4 weeks of receiving it.

(4) This section shall not apply to sets of out-of- commerce works or other subject matter if, on the basis of the reasonable effort referred to in subsection (5), there is evidence that such sets predominantly consist of –

(a) works, other than cinematographic or audiovisual works, first published or, in the absence of publication, first broadcast in a third country,

(b) cinematographic or audiovisual works, of which the producers have their headquarters or habitual residence in a third country, or

(c) works of third country nationals, where after a reasonable effort no Member State or third country could be determined pursuant to paragraphs (a) and (b).

(5) At least 6 months before the work used under subsection (1) is distributed, communicated to the public or made available to the public, cultural heritage institutions, collective management organisations and library authorities, within the meaning of section 32 of the Local Government Act 1994, shall provide the following information on the Out-of- Commerce Works Portal established by the European Union Intellectual Property Office:

(a) the title, where possible, the author, and a brief summary of the contents of the out-of-

commerce work that is proposed to be used in accordance with subsection (1);

(b) the information about the options available to rightholders under this section;

(c) as soon as it is available and where relevant, information on the parties to the licence, the territories covered and the uses authorised under the license.

(6) For the purposes of subsection (1), a work may be considered to be permanently in the collections of a cultural heritage institution where it is owned or permanently held by that institution, including as a result of a transfer of ownership or a licence agreement, legal deposit obligations or permanent custody arrangements. ⁶⁵

Libraries and Archives

59.—(1) The Minister may make regulations for the purposes of this section and those regulations may make different provisions for different descriptions of libraries or archives and for different purposes.

(2) Without prejudice to the generality of subsection (1), the Minister may prescribe the libraries and archives to which sections 60 to 67 sections 60 to 67⁶⁶ apply and may prescribe all or any of the following:

(a) the conditions that are to be complied with when a librarian or archivist of a prescribed library or prescribed archive makes and supplies, or causes to be made and supplied,⁶⁷ a copy of any part of a work which has been lawfully made available to the public to a person requiring a copy;

(b) the conditions that are to be complied with when a librarian or archivist of a prescribed library or prescribed archive makes and supplies, or causes to be made and supplied,⁶⁸ to another prescribed library or prescribed archive a copy of a work or part of a work which has been lawfully made available to the public and is required by that other prescribed library or prescribed archive;

(c) the conditions that are to be complied with before a librarian or archivist of a prescribed library or prescribed archive makes,

⁶⁵ Inserted by European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021

⁶⁶ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

⁶⁷ Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

	or causes to be made,⁶⁹ a copy of a work in the permanent collection of the prescribed library or prescribed archive in order to preserve or replace that work in the permanent collection of that library or archive, or in the permanent collection of another prescribed library or prescribed archive;
	(d) the conditions that are to be complied with by a librarian or archivist of a prescribed library or prescribed archive when making or supplying, or causing to be made or supplied,⁷⁰ a copy of the whole or part of certain works which have not been lawfully made available to the public from a work in the prescribed library or prescribed archive to a person requiring the copy.
Regulations relating to copying by libraries and archives.	60.—(1) Where regulations made by the Minister under section 59 require a librarian or archivist to be satisfied as to any matter before making or supplying a copy of a work—
	(a) the librarian or archivist concerned may rely on a declaration as to that matter by the person requesting the copy, unless the librarian or archivist is aware that it is false in a material particular, and
	(b) in such cases as may be prescribed, the librarian or archivist shall not make or supply the copy in the absence of a declaration in such form as may be prescribed.
	(2) Where a person requesting a copy of a work makes a declaration which is false in a material particular and is supplied with a copy which would have been an infringing copy if made by him or her—
	(a) he or she shall be liable for infringement of copyright as if he or she had made the copy, and
	(b) the copy shall be treated as an infringing copy.
Libraries and archives: declarations.	61.—(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make and supply a copy of an article or the contents page in a periodical without infringing any copyright in the article, the contents page or in any illustrations accompanying the article or the contents page or in the typographical arrangement.
	(2) A copy made under subsection (1) shall not be supplied other than to a person who satisfies the librarian or archivist that he or she requires that copy for the purposes of research

⁶⁹ Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

education, research⁷¹ or private study and he or she shall not use it for any other purpose and that person shall not be furnished with more than one copy of the same article unless the person satisfies the librarian or archivist that the previous copy has been lost, stolen, discarded or destroyed or a reasonable period of time has elapsed, and that person shall not be furnished with more articles from a volume of a periodical than the number of issues that comprise that volume or 10 per cent of the volume, whichever is the greater.
	(3) In this section, “article” includes an item of any description in a periodical with the exception of the table of contents.
	62.—(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make and supply a copy of part of a work (other than an article or the contents page in a periodical) which has been lawfully made available to the public without infringing any copyright in the work, in any illustrations accompanying the work or in the typographical arrangement.
	(2) A copy made under subsection (1) shall not be supplied other than to a person who satisfies the librarian or archivist that he or she requires that copy for the purposes of research education, research⁷² or private study and he or she shall not use it for any other purpose and that person shall not be furnished with more than one copy of the same material unless the person satisfies the librarian or archivist that the previous copy has been lost, stolen, discarded or destroyed or a reasonable period of time has elapsed, and that person shall not be furnished with a copy of more than a reasonable proportion of any work.
	63.—(1) A copy of a work shall not be supplied under section 61 or 62 to more than 3 persons whose requirements are related to any similar requirement of any other person.
Copying by librarians or archivists: articles in periodicals.	(2) For the purposes of subsection (1)—
	(a) the requirements of persons shall be deemed to be similar where the requirements are for copies of substantially the same material at approximately the

⁷¹ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

	same time and for substantially the same purpose, and
	(b) the requirements of persons shall be deemed to be related where those persons receive instructions education⁷³ to which the material is relevant at the same time and place.
Copying by librarians or archivists: parts of works lawfully made available to public.	64.—(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make and supply to another prescribed library or prescribed archive a copy of—
	(a) a periodical or articles or the contents page contained therein, or
Multiple copying.	(b) the whole or part of a work,
	which has been lawfully made available to the public, without infringing any copyright in the periodical, in the article, in the contents page or in the work, in any illustrations accompanying the periodical, the article, the contents page or the work or in the typographical arrangement.
	(2) Subsection (1) shall not apply where, at the time the copy is made, the librarian or archivist making it could, by reasonable enquiry, obtain the consent of a person entitled to authorise the making of the copy.
	65.—(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make a copy of a work in the permanent collection of the library or archive in order—
Copying by librarians or archivists: supply of copies to other libraries and archives.	(a) to preserve or replace that work by placing the copy in the permanent collection of that library or archive in addition to or in place of that work, or
	(b) to replace in the permanent collection of another prescribed library or prescribed archive a work which has been lost, destroyed or damaged,
	without infringing the copyright in the work, in any illustrations accompanying the work or in the typographical arrangement.
	(2) This section shall only apply where it is not reasonably practicable to purchase a copy of the work concerned for the purposes of subsection (1).
	66.—(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed

	conditions are complied with, make, or cause to be made,⁷⁴ a copy of a work in the permanent collection of the library or archive—
Copying by librarians or archivists: replacement copies of works.	(a) for the purposes of obtaining insurance cover for the works concerned;
	(b) for purposes of security;
	(c) for the purposes of compiling or preparing a catalogue (including a published catalogue relating to an exhibition);⁷⁵
	(d) for exhibition in the library or archive; or
	(e) for the purposes of informing the public of an exhibition,
Copying by librarians or archivists for certain purposes.	without infringing any copyright in the work, in any illustrations accompanying the work, or in the typographical arrangement.
	(2) This section shall apply to copying conducted for the curatorial purposes specified in subsection (1), and to an extent reasonably justified by the non-commercial purpose to be achieved.
	(2) This section shall apply to copying—
	(a) conducted for the curatorial purposes referred to in subsection (1),
	(b) to an extent reasonably justified by the non-commercial purpose to be achieved, and
	(c) accompanied by a sufficient acknowledgement.⁷⁶
	67.—(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make and supply a copy of a work or part of a work which has not been lawfully made available to the public from any work in the permanent collection of the library or archive without infringing the copyright in the work or in any illustrations accompanying the work or in the typographical arrangement.
	(2) This section shall not apply where the copyright owner has prohibited copying of the work and at the time the copy is made the librarian or archivist making the copy knew, or ought to have been aware of, that fact.

	(3) A copy made under subsection (1) shall not be supplied other than to a person who satisfies the librarian or archivist that he or she requires that copy for the purposes of research education, research⁷⁷ or private study and he or she will not use it for any other purpose and that person shall not be furnished with more than one copy of that work or part of that work.
	68.—Where a work of cultural or historical importance or interest may not lawfully be exported from the State unless a copy of it is made and deposited in a library, archive or other institution designated by the Minister for Arts, Heritage, Gaeltacht and the Islands under section 50 of the National Cultural Institutions Act, 1997, it shall not be an infringement of copyright to make that copy.
	68A. (1) Subject to subsection (2), it is not an infringement of the rights conferred by this Part where the librarian or archivist of a prescribed library or prescribed archive makes, or causes to be made, a copy of a work, in the permanent collection of the library or archive, in a different form to that which the copy takes if—
	(a) that librarian or archivist lawfully uses the means used to make the copy, and (b) the copy is made solely for preservation or archival purposes where those purposes are neither directly nor indirectly commercial.
Copying by librarians or archivists: certain works not lawfully made available to public.	(2) Subsection (1) shall not apply where—
	(a) the work being copied is an infringing copy, and
	(b) the librarian or archivist making the copy, or causing it to be made, did not have reasonable grounds for believing that the work was not an infringing copy.⁷⁸
Copy of work required to be made as condition of export.	(3) Any contractual provisions contrary to this section shall be unenforceable.⁷⁹
Format shifting by librarians or archivists	69.—The librarian or archivist of a library or archive prescribed by the Minister for the purpose of lending shall be exempt from the payment of remuneration under section 40 (1)(g) and shall not infringe the copyright in a work by the

	lending of copies of that work. A librarian, archivist, person or establishment shall be exempt from the payment of remuneration under section 40 (1)(g) and shall not infringe the copyright in a work by the lending of a copy of that work to a library or archive prescribed by the Minister for the purpose of receiving such loans.⁸⁰
Amendment of Act of 2000	69A. (1) Without prejudice to the generality of section 50(1), the communication, by the librarian or archivist of a prescribed library or prescribed archive, to members of the public of copies of works in the permanent collection of the library or archive, by dedicated terminals on the premises of the library or archive, shall constitute fair dealing with the works for the purposes of that section where the communication is—
	(a) undertaken for the sole purpose of education, teaching, research or private study, and
	(b) accompanied by a sufficient acknowledgement.
	(2) Without prejudice to the generality of section 50(1), the brief and limited display of a copy of a work—
	(a) either—
Copying by librarians or archivists: exemptions.	(i) in a prescribed library or prescribed archive or by the librarian or archivist of a prescribed library or prescribed archive, or
Fair dealing by librarians and archivists	(ii) during the course of a public lecture given in a prescribed library or prescribed archive or given by the librarian or archivist of a prescribed library or prescribed archive,
	(b) undertaken for the sole purpose of education, teaching, research or private study where such purpose is neither directly nor indirectly commercial, and
	(c) accompanied by a sufficient acknowledgement,
	shall constitute fair dealing with the work for the purposes of section 50(1).⁸¹
	70.—Where a copy which would otherwise be an infringing copy is made under section 61 , 62 , 64 , 65 , 67 or 68 68, 68A or 69A⁸² but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.

⁸¹ Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

⁸² Amended by the Copyright and Other Intellectual Property Provisions Act 2019

	70A.—(1) The copyright in a relevant work in the collection of a relevant body is not infringed by a relevant body where
	(a) the relevant work is an orphan work within the meaning of Regulation 4 of the Regulations of 2014, and
	(b) in accordance with Regulation 8 of the Regulations of 2014, the relevant body—
	(i) makes that orphan work available to the public, or
	(ii) carries out an act of reproduction of that orphan work for the purposes of digitisation, making available, indexing, cataloguing, preservation or restoration.
Copying by librarians or archivists: infringing copy.	(2) The copyright in a relevant work in the collection of a relevant body is not infringed by a relevant body where—
Orphan Works	(a) the relevant work is a relevant work to which Regulation 4(2) of the Regulations of 2014 applies,
	(b) the relevant body has, pursuant to Regulation 4(3) of the Regulations of 2014, been given an authorisation referred to in that Regulation, and
	(c) in accordance with Regulation 9 of the Regulations of 2014, the relevant body—
	(i) makes that orphan work available to the public, or
	(ii) carries out an act of reproduction of that orphan work for the purposes of digitisation, making available, indexing, cataloguing, preservation or restoration.
	(3) In this section— ‘Regulations of 2014’ means the European Communities (Certain Permitted Uses of Orphan Works) Regulations 2014; ‘relevant body’ has the meaning assigned to it by the Regulations of 2014; ‘relevant work” has the meaning assigned to it by the Regulations of 2014.⁸³
	Public Administration
	71.—(1) The copyright in a work is not infringed by anything done for the purposes of parliamentary or judicial proceedings or for the purpose of reporting those proceedings.

⁸³ Inserted by the European Union (Certain Permitted Uses of Orphan Works) Regulations 2014

	(2) Subsection (1) shall not be construed as authorising the copying of a work which is itself a report of the proceedings which has been lawfully made available to the public.
	72.—(1) The copyright in a work is not infringed by anything done for the purposes of a statutory inquiry or for the purpose of reporting any such inquiry.
	(2) Subsection (1) shall not be construed as authorising the copying of a work which is itself a report of the proceedings which has been lawfully made available to the public.
	(3) The copyright in a work is not infringed by the making available to the public of copies of a report of a statutory inquiry containing the work or materials from the report.
	73.—Any material which is comprised in records which are open to public inspection may be copied, and a copy may be supplied to any person, without infringement of copyright.
Parliamentary and judicial proceedings.	74.—(1) Without prejudice to the generality of section 73 , where material is open to public inspection pursuant to a statutory requirement, or is on a statutory register, the copyright in the material is not infringed by the copying, for a purpose which does not involve the making available to the public of copies, of so much of the material as contains factual information of any description, by or with the authority of the person required to make the material open to public inspection or, as the case may be, the person maintaining the register.
	(2) Where material is open to public inspection pursuant to a statutory requirement, or is on a statutory register, the copyright in the material is not infringed by the copying or making available to the public of copies of that material, for the purpose of enabling the material to be inspected at another time or place, or otherwise facilitating the exercise of any right for the purpose of which the requirement is imposed, by or with the authority of the person required to make the material open to public inspection or, as the case may be, he person maintaining the register.
Statutory inquiries.	(3) Where material is made available to the public under this section the person granting access to the material shall ensure that it bears a mark clearly indicating that it is provided for the purpose of inspection and that no other use of

	the material may be made without the licence of the copyright owner.
	(4) Material may not be provided under this section unless the person granting access to the material has obtained from the person requesting the material a declaration, in such form as may be prescribed, indicating that the material is required for the sole purpose of enabling the material to be inspected at another time or place or to otherwise facilitate the exercise of the right of public inspection.
	(5) Where material which is open to public inspection pursuant to a statutory requirement, or is on a statutory register, contains information about matters of general, scientific, technical, commercial or economic interest, the copyright in the material is not infringed by the copying or making available to the public of copies of that material for the purpose of disseminating that information, by or with the authority of the person required to make the material open to public inspection or, as the case may be, the person maintaining the register.
Copying of material in public records.	(6) The Minister may prescribe the conditions which are to be complied with before material is made available to the public under this section.
Material open to public inspection or on statutory register.	(7) The Minister may by order provide that subsections (1) to (5) apply—
	(a) to material made open to public inspection by—
	(i) an international organisation specified in the order, or
	(ii) a person specified in the order who has functions in the State under an international agreement to which the State is a party,
	or
	(b) to a register maintained by an international organisation specified in the order,
	as they apply in relation to material that is open to public inspection pursuant to a statutory requirement, or on a statutory register.
	75.—(1) Where a work has been communicated to the Government or either or both of the Houses of the Oireachtas for any purpose, by or with the licence of the copyright owner, and any fixation of the work or any thing containing the work is owned by, or is in the possession, custody or control of, the Government or either or both of the Houses of the Oireachtas, the Government or either or both of the Houses of the Oireachtas may copy the work, make available to the public

	copies of the work, or cause the work to be copied or made available to the public for the purpose for which the work was communicated to them, or for any related purpose which could reasonably have been anticipated by the copyright owner, without infringing the copyright in the work.
	(2) The Government or either or both of the Houses of the Oireachtas shall not make available to the public copies of a work referred to in subsection (1) or cause the work to be copied or made available, under this section, where the work has previously been lawfully made available to the public otherwise than under this section.
	76.—(1) Where the undertaking of a particular act is specifically authorised by an enactment then, unless the enactment provides otherwise, the undertaking of that act shall not infringe the copyright in a work.
	(2) Nothing in this section shall be construed as excluding any defence available under any enactment.
	77.—(1) Nothing in this Act shall affect any right or privilege of the Government subsisting otherwise than by virtue of an enactment, and nothing in this Act shall affect any right or privilege of the Government or of any other person under any enactment, except in so far as that enactment is expressly repealed, amended or modified by this Act.
	(2) Nothing in this Act shall affect the right of the Government or of any person deriving title from the Government to sell, use or otherwise deal with articles forfeited under the laws relating to customs or excise, including any article so forfeited by virtue of this Act or of any enactment repealed by this Act.
Works communicated to Government or Oireachtas.	(3) Nothing in this Act shall affect the operation of any rule of equity relating to breaches of trust or confidence.
	(4) Subject to subsections (1) to (3), no copyright or right in the nature of copyright, shall subsist otherwise than by virtue of this Act or of some other enactment in that behalf.

Chapter 8

Dealings with Rights in Copyright Works

120.—(1) The copyright in a work is transmissible by assignment, by testamentary disposition or by operation of law, as personal or moveable property.

(2) A transmission of the copyright in a work by assignment, by testamentary disposition or by operation of law may be partial, so as to apply—

(a) to one or more but not all of the acts the copyright owner has the right to undertake or authorise, and

(b) to part but not the whole of the period for which the copyright in the work is to subsist.

(3) An assignment of the copyright in a work, whether in whole or in part, is not effective unless it is in writing and signed by or on behalf of the assignor.

(4) A licence granted by a copyright owner is binding on every successor in title to his or her interest in the copyright, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser and references in this Part to undertaking any act with or without the licence of the copyright owner shall be construed accordingly.

(5) A licence granted by a prospective owner of copyright is binding on every successor in title to his or her interest (or prospective interest) in the copyright, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser and references in this Part to undertaking any act with or without the licence of the copyright owner shall be construed accordingly.

121.—(1) Where, by an agreement made in relation to future copyright and signed by or on behalf of the prospective owner of the copyright, the prospective owner purports to assign the future copyright, whether in whole or in part, to another person, then, where, on the copyright coming into existence, the assignee or his or her successor in title, or another person claiming under him or her, would be entitled as against all other persons to require the copyright to be vested in him or her, the copyright shall vest in the assignee or his or her successor in title under this section or any other person claiming under him or her.

(2) Where, at the time when any copyright comes into existence, the person who, if he or she were then living, would be entitled to the copyright is dead, the copyright shall devolve

	as if it had subsisted immediately before his or her death and he or she had then been the owner of the copyright.
	(3) The rights of an assignee to future copyright shall not be prejudiced by the fact that an agreement referred to in subsection (1) was made before the commencement of this section.
Assignment and licences.	(4) In this Part—
	“future copyright” means copyright which will or may come into existence in respect of a future work or class of works or on the occurrence of a future event;
	“prospective owner” includes a person who is prospectively entitled to copyright by virtue of an agreement made in relation to future copyright.
	122.—(1) In this Part, an “exclusive licence” means a licence in writing which is signed by or on behalf of an owner or prospective owner of the copyright which authorises the licensee, to the exclusion of all other persons, including the person granting the licence, to exercise a right which would otherwise be exercisable exclusively by the copyright owner and references to an exclusive licensee shall be construed accordingly.
	(2) An exclusive licensee has the same rights against a successor in title who is bound by the licence as he or she has against the person granting the licence.
	123.—Where, under a bequest (whether specific or general), a person is entitled, beneficially or otherwise, to any material thing containing an original fixation of a work which has not been made available to the public before the death of the testator, the bequest shall be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his or her death, unless a contrary intention is indicated in the will of the testator or in a codicil to that will.
	124.—(1) Without prejudice to the right of an author to receive equitable remuneration in respect of a rental right, where an agreement concerning film production is concluded between an author or a prospective author of a copyright work and a film producer, the author or prospective author shall be presumed, unless the agreement provides to the contrary, to have transferred to the film producer any rental right in relation to the film arising by virtue of the inclusion of a copy of the work of the author in the film.

Prospective ownership of copyright.	(2) Where a presumption of transfer of the rental right arises by virtue of subsection (1), the absence of a signature by or on behalf of the author shall not restrict the operation of section 120 or 121 .
	(3) The reference in subsection (1) to an agreement concluded between an author or a prospective author and a film producer includes any agreement whether made by them directly or through intermediaries.
	(4) The right to equitable remuneration on the transfer of the rental right applies where there is a presumed transfer under this section as in the case of an actual transfer.
	125.—(1) Without prejudice to the generality of section 124 , where an author has transferred his or her rental right he or she retains the right to equitable remuneration for the rental.
	(2) The right to equitable remuneration conferred by this section shall not be waived by the author and the author shall not assign the right to equitable remuneration except to a collecting society for the purpose of enabling the collecting society to exercise that right on his or her behalf.
	(3) The right to equitable remuneration is transmissible by way of testamentary disposition or by operation of law, as personal or moveable property and it may be further transmitted, including by assignment, by any person who legally acquires the right.
Exclusive licences.	(4) Equitable remuneration under this section is payable by the person to whom the rental right is transferred or any successor in title.
	(5) Subject to section 126 , the amount payable by way of equitable remuneration is that which has been agreed by or on behalf of the persons by and to whom it is payable.
Copyright to pass under will with certain original fixations.	(6) An agreement is void in so far as it purports to exclude or restrict the right to equitable remuneration conferred by this section.
Presumption of transfer of rental right in case of film production agreement.	(7) References in this Part to the transfer of the rental right by one person to another include any arrangement having that effect whether made by them directly or through intermediaries.
	(8) In this section, “collecting society” means a society or other organisation which has as one of its main objects the exercise of the right to collect equitable remuneration under this section on behalf of more than one author.
	126.—(1) In default of agreement as to the amount of equitable remuneration payable under section 125 , the person by or to

	whom it is payable may apply to the Controller for an order under subsection (4).
	(2) Subject to subsection (3), a person by or to whom equitable remuneration is payable under section 125 may also apply to the Controller—
Right to equitable remuneration where rental right transferred.	(a) to vary any agreement as to the amount payable, or
	(b) to vary any previous determination of the Controller as to the amount payable.
	(3) An application may not be made under subsection (2) within 12 months from the date of the previous determination except with the special leave of the Controller.
	(4) On an application being made under this section the Controller shall consider the matter and make such order as to the method of calculating and paying equitable remuneration as he or she may determine to be reasonable in the circumstances, having regard to the importance of the contribution of the author.
	(5) An order made under subsection (4) shall have effect from the date on which it is made or such later date as may be specified by the Controller.
	(6) Remuneration shall not be considered inequitable because it is paid by way of a single payment or at the time of transfer of the rental right.
	(7) An agreement is void in so far as it purports to prevent a person challenging the amount of equitable remuneration or to restrict the powers of the Controller conferred by this section.

Key Rights

COPYRIGHT ACT

Rights of Copyright Owner

Non-application of certain provisions on duration to Government copyright, etc.

Acts restricted by copyright in a work.

Playing of sound recordings — licences of right.

Reproduction right.

Making available right.

Distribution right.

Rental and lending right.

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.

Acts done for purposes of instruction or examination.

Text and data mining for non- commercial research

Text and data mining for the purposes of research – exemption

Anthologies for educational use.

Performing, playing or showing work in course of activities of educational establishment.

Illustration for education, teaching or scientific research

Distance learning provided by educational establishment

Use by educational establishment of work available through Internet

Copyright not infringed by lending by educational establishments

Cultural Heritage Institutions

Regulations relating to copying by libraries and archives.

Libraries and archives: declarations.

Copying by librarians or archivists: articles in periodicals.

Copying by librarians or archivists: parts of works lawfully made available to public.

Multiple copying.

Copying by librarians or archivists: supply of copies to other libraries and archives.

Copying by librarians or archivists: replacement copies of works.

Copying by librarians or archivists for certain purposes.

Copying by librarians or archivists: certain works not lawfully made available to public.

Copy of work required to be made as condition of export.

Amendment of Act of 2000

Fair dealing by librarians and archivists

Orphan Works

Public Administration

Parliamentary and judicial proceedings.

Statutory inquiries.

Copying of material in public records.

Material open to public inspection or on statutory register.

Works communicated to Government or Oireachtas.

Dealings with Rights in Copyright Works

Assignment and licences.

Prospective ownership of copyright.

Exclusive licences.

Copyright to pass under will with certain original fixations.

Presumption of transfer of rental right in case of film production agreement.

Right to equitable remuneration where rental right transferred.

Related Posts

Copyright Management [EU]

IP Digital Single Market [EU]

IT and Copyright