Libraries
COPYRIGHT ACT
| Chapter 22
Deposit of Certain Copyright Materials |
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| 198.—(1) The publisher of any book first published in the State after the commencement of this section or, in the case of the authority specified in paragraph (a), the publisher of any book published in the State, shall, within one month after the publication, deliver, at his or her own expense, a copy of the book to each of the following— | |
| (a) the authority having control of the National Library of Ireland, | |
| (b) the authority having control of the library of Trinity College, Dublin, | |
Delivery of certain materials to libraries. |
(c) the authority having control of the library of the University of Limerick, |
| (d) the authority having control of the library of Dublin City University, and | |
| (e) the Board of the British Library, |
| and four copies of the book for or in accordance with the directions of the authority having control of the National University of Ireland for use in the four constituent universities of that University. |
| (2) Boards and authorities taking delivery of books under subsection (1) shall give a written receipt for every book delivered to them under that subsection. |
| (3) The Minister may, on an application of a Board or authority referred to in subsection (1), make regulations exempting from subsection
(1) in respect of the Board or authority making the application, publications wholly or mainly in the nature of trade advertisements, or any class of work as may be specified in those regulations, and it shall not be necessary for the publisher of any publication so excepted to deliver the publication to that Board or authority or for such Board or authority to give a receipt unless as respects any particular publication a written demand for the delivery of that work is made by the Board or authority concerned. |
| (4) The Boards or authorities referred to in subsection (1) may before delivery of a book is made under subsection (1), request that a book be delivered in a particular form, being one of the forms in which the book is published and the publisher shall deliver it in the form requested. |
| (4) Where, on or after the commencement of section 29 of the Copyright and Other Intellectual Property Law Provisions Act 2019, subsection (1) applies to the publisher of a book referred to in that subsection, a Board or authority referred to in that subsection may, by notice in writing given to the publisher, request that the copy or copies of the book that the Board or authority is entitled to have delivered to it under that subsection be delivered to it in physical form or electronic form, or both, and the publisher shall comply with that request unless the publisher has already given the copy or copies in the form or forms requested before the publisher received that notice. |
| (4A) (a) Where, on or after the commencement of section 29 of the Copyright and Other Intellectual Property Law Provisions Act 2019, a digital publication is first published in the State by a publisher, a Board or authority referred to in subsection (1) may, by notice in writing given to the publisher, request that the publisher comply with that subsection, in so far as that subsection relates to the Board or authority making the request, as if the digital publication were a book referred to in that subsection and the publisher shall comply with that request and subsection (2) shall be construed accordingly. |
| (b) In paragraph (a), ‘digital publication’ means any publication published online or offline which is made available to the public in a medium other than print (including any publication in any digital or electronic or |
| other technological form, but does not include any sound recording or film or any combination thereof).127 |
| (5) The publisher of any book first published in the State after the commencement of this section shall, where a demand is made in writing by the authority having control of each of the following libraries— |
| (a) the Bodleian Library, Oxford, |
| (b) the University Library, Cambridge, |
| (c) the National Library of Scotland, and |
| (d) the National Library of Wales, |
| before the expiration of 12 months after the book is published, deliver within one month after receipt of that written demand or, where the demand was so made before the book was published, within one month after publication, to an address in Dublin named in the demand a copy of that book for, or in accordance with the directions of, that authority. |
| (6) In the case of an encyclopaedia, newspaper, review, magazine or work published in a series of numbers or parts, the written demand referred to in subsection (5) may include all numbers or parts of the work which may subsequently be published. |
| (7) A copy of a book delivered to the authority having control of the National Library of Ireland or the Board of the British Library pursuant to this section shall be a copy of the whole book with all maps and illustrations belonging to that book and, subject to subsection (4), finished in the same manner as the copy in that form which is superior in quality to any other copy in that form of the book available. |
| (8) A copy of a book delivered to any of the authorities referred to in this section, other than those referred to in subsection (7), pursuant to this section, shall be in the form specified by the Board or authority, which shall be one of the forms in which the book has been published, and shall be in like condition as that form of the book. |
| (9) Where a publisher fails to comply with this section he or she shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 class D fine128 and in addition the person shall be liable to be ordered to comply with this section. |
| (10) For the purposes of this section, “book” includes every part or division of a book, pamphlet, sheet of letterpress, sheet of music, map, plan, chart or table separately published, but shall not include any second or subsequent edition of a book unless such edition contains additions or |
127 Amended by the Copyright and Other Intellectual Property Provisions Act 2019
128 Amended by the Copyright and Other Intellectual Property Provisions Act 2019
| alterations either in the letterpress or in the maps, plans, prints or other engravings belonging thereto. | |
| (11) Where a copy of a book requested under subsection (1) is delivered in a form other than an electronic form, the Board or other authorities referred to in subsection (1) may request, in addition to that copy, a copy in an electronic form readable by means of an electronic retrieval system and on such request being made a copy in electronic form shall be delivered by the publisher to the Board or authority concerned. | |
| (12) For the purposes of this section, “publication”, in relation to a book— | |
| (a) means the issue of copies to the public, and | |
| (b) includes its making available to the public by means of an electronic retrieval system, | |
| and related expressions shall be construed accordingly. | |
| Chapter 23
Amendment of National Cultural Institutions Act, 1997, and Miscellaneous Repeals |
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| 199.— Sections 65 and 66 of the National Cultural Institutions Act, 1997 , are hereby amended by the substitution of the following sections therefor: | |
| “65.—(1) Subject to the provisions of this section, the publisher of any material to which this section applies shall, within one month or such longer period as the authority having control of the National Library of Ireland may allow after its publication, deliver at his or her own expense, a copy of the material to that authority and the authority shall give a written receipt to the publisher for any and all such material delivered to them. | |
| (2) The publisher of material to which this section applies that relates wholly or mainly to Ireland shall, if a written demand for any such material is made by the authority referred to in subsection (1) not later than 12 months after its publication, deliver a copy of the material to that authority within one month after receipt of the demand or, if the demand was made before its publication, within one month or such longer period as the authority may in any particular
case allow after its publication. |
|
Amendment of sections 65 and 66 of the National Cultural Institutions Act, 1997. |
(3) The Minister, following consultation with the Minister for Enterprise, Trade and Employment, may make such regulations as he or she considers appropriate in relation to the quality and format of material to which this section applies in cases where the copies of such material are not of uniform quality or can be published in different formats. |
| (4) Where a publisher fails to comply with this section, he or she shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 and to pay such sum not exceeding the value of the material |
| as the court may decide which shall be paid to the trustees or authority to whom the material should have been delivered. |
| (5) In this section: |
| ‘material to which this section applies’ means material that is of such class as may be specified in regulations made by the Minister, following consultation with the Minister for Enterprise, Trade and Employment, and in this definition, ‘material’ includes any engraving, photograph, text of a play, cinematograph film, microfilm, video recording, sound recording, record, diskette, magnetic tape, compact disc, or other thing on or in which works or information or the representations thereof is written, recorded, stored or reproduced but does not include local records or local archives within the meaning, in each case, of section 65 of the Local Government Act, 1994 , or books within the meaning of section 198 of the Copyright and Related Rights Act, 2000; |
| ‘publisher’, for the purposes of this section, means a person who issues to the public, or makes available to the public by means of an electronic retrieval system, material to which this section applies; |
| ‘work’, for the purposes of this section, has the meaning assigned to it by
section 2 of the Copyright and Related Rights Act, 2000. |
| (6) This section shall apply only to material concerned substantially or primarily with Ireland. In cases of doubt, the certification of the Minister to the effect that material is concerned substantially or primarily with Ireland shall satisfy the requirements of this subsection. |
| (7) The Minister, following consultation with the Minister for Enterprise, Trade and Employment, may by order apply this section, with such modifications and adaptations as he or she considers necessary, to one or more of the institutions or bodies referred to in section 198 of the Copyright and Related Rights Act, 2000. |
| (8) Section 6 of the Dublin City University Act, 1989 , and section 7 of the University of Limerick Act, 1989 , are hereby repealed.”. |
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. |
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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. |