Moral Rights
COPYRIGHT ACT
| Chapter 7
Copyright: Moral Rights |
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| 107.—(1) Subject to the exceptions specified in section 108 , the author of a work shall have the right to be identified as the author and that right shall also apply in relation to an adaptation of the work. | |
| (2) Where an author uses a pseudonym, initials or other form of identification, that form shall be used to identify his or her work. | |
| (3) The right conferred by this section shall be known and in this Part referred to as the “paternity right”. | |
Recording for archival purposes. |
108.—(1) The paternity right is not infringed by anything done under section 52, 53 (5), 71, 72 or 88. |
| (2) The paternity right shall not apply to anything done by or with the authority of the copyright owner where the copyright in the work originally vested in an employer under section 23 . | |
| (3) The paternity right shall not apply in relation to a work made for the purpose of reporting current events. | |
| (4) The paternity right shall not apply to a work made for the purposes of— | |
| (a) a newspaper or periodical, or | |
Adaptation of a work. |
(b) an encyclopaedia, dictionary, yearbook or other collective work of reference, |
| or in relation to a work made available to the public with the licence of the author for those purposes. | |
Paternity right. |
(5) The paternity right shall not apply in relation to a work— |
| (a) in which Government or Oireachtas copyright subsists, or | |
| (b) in which the copyright originally vested in a prescribed international organisation, | |
Exceptions to paternity right. |
unless the author has previously been identified as the author in or on copies of the work which have been lawfully made available to the public. |
| 109.—(1) Subject to the exceptions and qualifications specified in sections 110 and 111 , the author of a work shall have the right to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the work which would prejudice his or her reputation and that right shall also apply in relation to an adaptation of the work. | |
| (2) The right conferred by this section applies to any addition to, deletion from or alteration to or adaptation of parts of a
work resulting from any previous addition to, deletion from or alteration to or adaptation of a work or parts of a work by a person other than the author, where those parts are attributed to, or are likely to be regarded as the work of, the author. |
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| (3) The right conferred by this section shall be known and in this Part referred to as the “integrity right”. | |
| 110.—(1) Subject to subsections (2) and (3), the integrity right shall not apply to— | |
| (a) a work made for the purpose of reporting current events; | |
| (b) a work made for the purposes of— | |
| (i) a newspaper or periodical, or | |
| (ii) an encyclopaedia, dictionary, yearbook or other collective work of reference, | |
| or to a work made available to the public with the licence of the author for such purposes; or | |
| (c) a subsequent use of a work referred to in paragraph (b) without any modification of the version made available to the public under that paragraph. | |
Integrity right. |
(2) Subject to subsection (3), the integrity right is not infringed— |
| (a) by an act which under section 51 or 88 would not infringe the copyright in a work, or | |
| (b) by anything done for the purposes of— | |
Exceptions to integrity right. |
(i) avoiding any contravention of civil or criminal law, |
| (ii) complying with a duty imposed by or under an enactment, or | |
| (iii) in the case of authorised broadcasters or authorised cable programme service providers, avoiding the inclusion in a programme which is broadcast or included in a cable programme service by those broadcasters or providers, of anything which is likely to offend public morality or which is |
| likely to encourage or incite to crime or to lead to public disorder. | |
| (3) Subsection (2)(b) shall not apply unless the author is identified at the time of the act concerned or has previously been identified in or on copies of the work which have been lawfully made available to the public and there is a sufficient disclaimer. | |
| (4) In this Part “sufficient disclaimer”, in relation to an act capable of infringing the integrity right, means a clear and reasonably prominent indication given at the time of the act, or where the author is then identified, appearing with the identification, that the work has been subjected to an action which the author has not licensed. | |
| 111.—(1) The integrity right shall be qualified in the manner specified in subsection (2) in respect of— | |
| (a) works in which copyright originally vested in the author’s employer under section 23 , | |
| (b) works in which Government or Oireachtas copyright subsists, and | |
| (c) works in which copyright originally vested in a prescribed international organisation. | |
| (2) The integrity right shall not apply to anything done in relation to works referred to in subsection (1) by or with the licence of the copyright owner unless the author— | |
| (a) is identified at the time of the act concerned, or | |
| (b) has previously been identified in or on copies of the work which have been lawfully made available to the public, | |
| and where, in such a case, the integrity right applies, that right shall not be infringed where there is a sufficient disclaimer. | |
| 112.—A person infringes the integrity right where he or she— | |
| (a) sells, rents or lends, or offers or exposes for sale, rental or loan, | |
Qualification of integrity right in certain cases. |
(b) imports into the State, otherwise than for his or her private and domestic use, |
| (c) in the course of a business, trade or profession, has in his or her possession, custody or control, or | |
| (d) makes available to the public, | |
| a work or a copy of a work or an adaptation thereof which has, and which he or she knows or has reason to believe has, been subjected to any distortion, mutilation or other modification or other derogatory action within the meaning of section 109 . | |
| 113.—(1) A person has the right not to have a work falsely attributed to him or her as author. | |
| (2) The right conferred by subsection (1) is infringed by a person where he or she— | |
| (a) sells, rents or lends, or offers or exposes for sale, rental or loan, | |
| (b) imports into the State, otherwise than for his or her private and domestic use, | |
Secondary infringement of integrity right: possessing or dealing. |
(c) in the course of a business, trade or profession, has in his or her possession, custody or control, or |
| (d) makes available to the public, | |
| a work, or a copy of a work, in or on which there is a false attribution, knowing or having reason to believe that the attribution is false. | |
| (3) The right conferred by subsection (1) is infringed by a person where he or she— | |
| (a) sells, rents or lends, or offers or exposes for sale, rental or loan, | |
| (b) imports into the State, otherwise than for his or her private and domestic use, | |
False attribution of work. |
(c) in the course of a business, trade or profession, has in his or her possession, custody or control, or |
| (d) makes available to the public, | |
| a work which has been altered as being the unaltered work of the author, or a copy of such a work as being a copy of the unaltered work of the author, knowing or having reason to believe that the work or the copy of the work has been altered. |
| (4) This section applies where a work is falsely represented as being an adaptation of the work of a person in the same manner as it applies where a work is so represented as being the work of a person. | |
| (5) In this Part “attribution”, in relation to a work, means a statement, express or implied, as to who is the author of the work. | |
| 114.—(1) Subject to the exceptions specified in subsection (3), a person who, for private and domestic purposes, commissions the taking of a photograph or the making of a film has, where copyright subsists in the resulting work, the right not to have the work or copies of the work made available to the public. | |
| (2) Subject to subsection (3), the act of making available to the public, or authorising the making available to the public, of a work or copies of a work referred to in subsection (1) without the authority of the person who commissions the work infringes the right conferred by subsection (1). | |
| (3) The right conferred by subsection (1) shall not be infringed by an act which under section 52 , 71 , 72 , 76 or 88 would not infringe the copyright in the work. | |
| 115.—(1) The paternity right, the integrity right and the right conferred by section 114 to privacy in photographs and films shall subsist for the same period of time as the copyright in the work subsists. | |
| (2) The right conferred by section 113 in relation to a false attribution of a work shall subsist for 20 years after the death of the person on whom the right is conferred. | |
| 116.—(1) Subject to subsection (3), any of the rights conferred by this Chapter may be waived. | |
| (2) A waiver made under this section shall be in writing and signed by the person waiving the right concerned. | |
| (3) A waiver made under subsection (1)— | |
| (a) may relate to a specific work, to works of a specified description or to works generally, and may relate to existing or future works, and | |
| (b) may be conditional or unconditional, and may be expressed to be subject to revocation, | |
Right to privacy in photographs and films. |
and where a waiver is made in favour of the owner or prospective owner of the copyright in the work or |
| works to which it relates, that waiver shall be presumed to extend to his or her licensees, successors in title or other persons claiming under them unless a contrary intention is expressed. | |
| (4) Nothing in this Chapter shall be construed as excluding the operation of the general law of contract or estoppel in relation to an informal waiver or other transaction in relation to any of the rights referred to in subsection (1). | |
| (5) It shall not be an infringement of any of the rights conferred by this Chapter for a person to undertake any act where the person entitled to the right conferred by this Chapter has consented to the use of those rights by that other person. | |
Duration of moral rights. |
117.—(1) The paternity right or the integrity right is, in the case of a work of joint authorship, a right of each joint author. |
| (2) A waiver made under section 116 of the paternity right or the integrity right by one joint author shall not affect the rights of the other joint authors. | |
Waiver of rights. |
(3) The right conferred by section 113 in relation to false attribution is infringed by— |
| (a) any false statement as to the authorship of a work of joint authorship, or | |
| (b) the false attribution of joint authorship in relation to a work of sole authorship, | |
| and such a false attribution infringes the right of every person to whom authorship of any description is attributed. | |
| (4) The right conferred by section 114 to privacy in photographs and films is, in the case of a work made pursuant to a joint commission, the right of each person who commissioned the making of the work and where a waiver is made by one of them under section 116 that waiver shall not affect the rights of the other persons. | |
| 118.—The rights conferred by Chapter 7 shall be incapable of assignment or alienation. | |
| 119.—(1) On the death of a person entitled to the paternity right, the integrity right, or the right conferred by section 114 to privacy in photographs and films— | |
| (a) the right passes by testamentary disposition to such person as the person entitled to the right may direct, |
Application of certain provisions to works of joint authorship and joint ownership. |
(b) where there is no direction as to whom the right passes but the copyright in the work concerned forms part of an estate, the right passes to the person to whom the copyright passes, and |
| (c) where the right does not pass under paragraph (a) or (b), it is exercisable by the personal representatives of the person entitled to the right. | |
| (2) Where copyright forming part of an estate passes in part to one person and in part to another, 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, or | |
| (b) to part, but not the whole, of the period for which the copyright is to subsist, | |
| any right which passes with the copyright by virtue of
subsection (1) is divided accordingly. |
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| (3) Where, under subsection (1), a right becomes exercisable by more than one person— | |
Moral rights not assignable or alienable. |
(a) it may, in the case of the paternity right, be exercised by any of them, |
Transmission of moral rights on death. |
(b) it is, in the case of the integrity right or the right to privacy in photographs and films conferred by section 114 , a right exercisable by each of them, and |
| (c) any waiver of the right under section 116 made by one of them shall not affect the rights of the other persons. | |
| (4) A consent or waiver binds any person to whom a right passes under subsection (1). | |
| (5) Any infringement of the right conferred by section 113 in relation to a false attribution of a work after the death of a person is actionable by the personal representatives of that person. | |
| (6) Any damages recovered by personal representatives under this section in respect of an infringement after a person’s death shall devolve as part of the person’s estate as if the right of action had subsisted and been vested in that person immediately before his or her death. |
| Chapter 11
Remedies: Moral Rights |
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| 137.—(1) An infringement of a right conferred by section 107 , 109 , 113 or 114 is actionable as a breach of statutory duty owed to the person entitled to the right concerned. |
| (2) A person may apply to the appropriate court for damages or other relief in respect of an infringement of a right conferred by section 107 , 109 , 113 or 114 . |
| (3) In proceedings for infringement of the right conferred by section 109 , the appropriate court may grant an injunction prohibiting any act unless a sufficient disclaimer is made, on such terms and in such a manner as is approved of by the court, dissociating the person entitled to the right from the treatment of the work. |
| 138.—In any proceedings for infringement of a right conferred by section 107 , 109 or 113 in respect of the construction of a building, no injunction or other order shall be made— |
| (a) after the construction of the building has begun, so as to prevent it from being completed, or |
| (b) so as to require the building, in so far as it has been constructed, to be demolished. |
Remedies for infringement of moral rights. |