Performance Rights

Table of Contents

COPYRIGHT ACT

	PART III Rights in Performances
	Chapter 1 Performers’ Rights
Interpretation.	202.—(1) In Parts III and IV, “performance” means a performance of any actors, singers, musicians, dancers or other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary, dramatic, musical or artistic works or expressions of works of folklore, which is a live performance given by one or more individuals, and shall include a performance of a variety act or any similar presentation.
	(2) A performance of a literary work includes a reading or recitation.
	(3) A performance of a dramatic work includes a choreographic work or a work of mime.
	(4) In Parts III and IV, “recording”, in relation to a performance, means any fixation—
	(a) made directly or indirectly from the live performance,
	(b) made from a broadcast of, or cable programme including, the performance, or
	(c) made directly or indirectly from another recording of the performance.
	(5) The rights conferred by Parts III and IV are independent of—
	(a) the copyright in, or the rights conferred by Chapter 7 of Part II relating to, any work performed or any fixation of, or broadcast or cable programme including, the performance, and
	(b) other rights or obligations arising otherwise than under Parts III and IV.
Performers’ rights: general.	203.—(1) A performer has the exclusive right to authorise or prohibit—

	(a) the making of a recording of the whole or any substantial part of a qualifying performance directly from the live performance,
	(b) the broadcasting live, or including live in a cable programme service, of the whole or any substantial part of a qualifying performance, or
	(c) the making of a recording of the whole or any substantial part of a qualifying performance directly from a broadcast of, or cable programme including, the live performance.
	(2) The rights of a performer conferred by this section are infringed by a person who, without the consent of the performer, undertakes or authorises another to undertake any of the acts referred to in subsection (1).
	(3) The rights of a performer conferred by this section are not infringed by the making of a recording referred to in subsection (1) (c) by a person for his or her private and domestic use.
	(4) Where a recording, which would otherwise be an illicit recording, 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 illicit recording for those purposes and for all subsequent purposes.
	(5) In an action for infringement of the rights of a performer brought under this section, damages shall not be awarded against a defendant who shows that at the time of the infringement he or she did not know and had no reason to believe that consent had not been given.
Reproduction right of performer.	204.—(1) A performer has the exclusive right to authorise or prohibit the making of a copy of a recording of the whole or any substantial part of a qualifying performance and it is immaterial whether the copy is made directly or indirectly.
	(2) There shall be a right of a performer conferred by this section which shall be known and in this Part referred to as the “reproduction right”.
	(3) The reproduction right is infringed by a person who, without the consent of the performer, undertakes or authorises another to undertake the act referred to in subsection (1).
	(4) The reproduction right is not infringed by the making of a copy referred to in subsection (3) by a person for his or her private and domestic use.
	(5) Where a copy, which would otherwise be an illicit recording 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 illicit recording for those purposes and for all subsequent purposes.
	(6) For the purposes of Parts III and IV, references to the making of a copy of a recording or to copying shall include the making of a temporary or permanent copy of a recording and the storing of a recording in any medium.

Making available to public copies of recordings of qualifying performances.	205.—(1) Subject to subsection (2), a performer has the exclusive right to authorise or prohibit the making available to the public of copies of a recording of the whole or any substantial part of a qualifying performance and it is immaterial whether the copy is made directly or indirectly.
	(2) Where a copy of a sound recording is—
	(a) played in public, or
	(b) included in a broadcast or cable programme service,
	the right conferred by this section shall be deemed to be satisfied by the payment of equitable remuneration as specified in section 208 .
	(3) A reference in Parts III and IV to the making available to the public of copies of a recording shall include the making available to the public of the original recording of the live performance.
	(4) There shall be a right conferred by this section which shall be known and in Parts III and IV referred to as the “making available right”.
	(5) A reference in Parts III and IV to the making available to the public of copies of a recording of a qualifying performance shall include—
	(a) making available to the public of copies of a recording, by wire or wireless means, in such a way that members of the public may access the recording from a place and at a time individually chosen by them, including the making available of copies of recordings through the Internet,
	(b) showing or playing a copy of the recording in public,
	(c) broadcasting a copy of the recording,
	(d) including a copy of the recording in a cable programme service,
	(e) issuing copies of the recording to the public,
	(f) renting copies of the recording, or
	(g) lending copies of the recording without the payment of remuneration to the rightsowner.¹²⁹
	(6) The making available right is infringed by a person who, without the consent of the performer, undertakes or authorises another to undertake any of the acts referred to in subsection (5).
	(7) Subject to subsection (8), the provision of facilities for enabling the making available to the public of copies of a recording of a performance shall not of itself constitute an act of making available to the public of copies of the recording.
	(8) Without prejudice to subsection (7), where a person who provides facilities referred to in that subsection is notified by the rightsowner that those

¹²⁹ Deleted by the Copyright and Related Rights (Amendment) Act 2007

	facilities are being used to infringe any of the rights conferred by Parts III and IV and that person fails to remove that infringing material as soon as is practicable thereafter, that person shall also be liable for the infringement.
	(9) Without prejudice to subsection (8), 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 rights in the recording concerned,
	(b) the grounds that the person requesting the removal of material has for such removal, and
	(c) a list of the material which is to be removed.
	(9A) (a) The rightsowner of any right conferred by Parts III and IV may, in respect of that right, 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.¹³⁰
	(10) Where the making available right is infringed by a copy of a recording being 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 representation thereof, are sent shall not be regarded as liable for the infringement.
Distribution right of performers.	206.—(1) References in Parts III and IV to the issue of copies of a recording to the public shall be construed as including—
	(a) the act of putting into circulation in a Member State of the EEA copies of a recording not previously put into circulation in a Member State of the EEA by or with the consent of the performer, or
	(b) the act of putting into circulation outside the Member States of the EEA copies of a recording 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 recording to the public shall not include—
	(a) any subsequent circulation of copies of a recording previously put into circulation, or
	(b) any subsequent importation of such copies of a recording into the State of any other Member State of the EEA,

¹³⁰ Inserted by the European Union (Copyright and Related Rights) Regulations 2012

	except in so far as subsection (1) (a) applies to putting into circulation in the Member States of the EEA copies of a recording previously put into circulation outside the Member States of the EEA.
	(3) A reference in this section to circulation shall include sale, rental or loan.
	(4) A performer has the exclusive right to authorise or prohibit the issue of copies of a recording to the public of the whole or any substantial part of a qualifying performance.
	(5) There shall be a right conferred by this section which shall be known and in this Part referred to as the “distribution right”.
	(6) The distribution right is infringed by a person who, without the consent of the performer, undertakes or authorises another to undertake the acts referred to in subsection (4).
Rental and lending right of performer.	207.—(1) References in Parts III and IV to “rental” or “lending” Rental and lending shall not be construed as including the making available to the public of copies of a recording for the purposes of—
	(a) playing or showing in public, broadcasting or inclusion in a cable programme service,
	(b) exhibiting in public, or
	(c) on the spot reference use.
	(2) Subject to subsection (3A), aA¹³¹ performer has the exclusive right to authorise or prohibit the rental or lending of copies of a recording of the whole or any substantial part of his or her qualifying performance.
	(3) (a) There shall be right of the performer to authorise or prohibit the rental of copies of a recording which shall be known and in Parts III and IV referred to as the “rental right”.
	(b) Subject to subsection (3A), there There ¹³²shall be a right of the performer to authorise or prohibit the lending of copies of a recording which shall be known and in Parts III and IV referred to as the “lending right”. (3A) The lending right in relation to a recording 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 recording is included, whether the performer, or (in the case of a recording of a performance by a number of performers) any of the performers, is a participant in that scheme or not.¹³³

¹³¹ Amended by the Copyright and Related Rights (Amendment) Act 2007

¹³² Amended by the Copyright and Related Rights (Amendment) Act 2007

¹³³ Inserted by the Copyright and Related Rights (Amendment) Act 2007

	(4) The rental right is infringed by a person who, without the consent of the performer, rents or authorises another to rent copies of a recording of the whole or any substantial part of a qualifying performance.
	(5) The lending right is infringed by a person who, without the consent of the performer, lends or authorises another to lend copies of a recording of the whole or any substantial part of a qualifying performance.
	(6) In Parts III and IV, and subject to subsections (7) and (8)—
	(a) “rental” means making a copy of a recording available for use on terms that it will or may be returned after a limited period of time, for direct or indirect economic or commercial advantage;
	(b) “lending” means making a copy of a recording available for use on terms that it will 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.
	(7) The making of a copy of a recording available between establishments to which members of the public have access shall not infringe any of the rights conferred by Parts III and IV.
	(8) 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 what is necessary to cover the operating costs of the establishment, there is no direct or indirect economic or commercial advantage for the purposes of this section.
Right to equitable remuneration for exploitation of sound recording.	208.—(1) A performer has a right to equitable remuneration from the owner of the copyright in a sound recording where the sound recording of the whole or any substantial part of a qualifying performance which has been made available to the public for commercial purposes is—
	(a) played in public, or
	(b) included in a broadcast or cable programme service.
	(1A) Where the copyright of the producer in a sound recording has expired pursuant to section 299A(3), the performer in the sound recording has, subject to subsection (1B), a right to equitable remuneration from the person who –
	(a) plays the sound recording in public, or
	(b)includes the sound recording in a broadcast or cable programming service.
	(1B) The period during which the performer is entitled to equitable remuneration after the expiry of the producer’s copyright pursuant to section 299A(3), is the period of copyright that would have remained pursuant to

section 26, had the copyright of the producer in the sound recording not expired pursuant to section 299A(3). ¹³⁴

(2) A performer shall not assign the right to equitable remuneration under this section 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 testamentary disposition or by operation of law, as personal or moveable property, and it may be assigned or further transmitted, including by assignment, by any person who legally acquires the right.

(4) Subject to subsections (5) to (9), the amount of equitable remuneration payable under this section is that which has been agreed by or on behalf of the persons by and to whom it is payable.

(5) In default of agreement as to the amount of equitable remuneration payable, the person by or to whom it is payable may apply to the Controller for an order under subsection (8).

(6) Subject to subsection (7), a person to or by whom equitable remuneration is payable may also apply to the Controller—

(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.

(7) An application may not be made under subsection (6) within 12 months from the date of the previous determination except with the special leave of the Controller.

(8) 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 performer to the sound recording.

(9) An order made under this section shall have effect from the date on which it is made or such later date as may be specified by the Controller.

(10) An agreement as to the amount of equitable remuneration payable shall be void in so far as it purports—

(a) to exclude or restrict the right to equitable remuneration conferred by this section,

(b) to prevent a person questioning the amount of equitable remuneration, or

¹³⁴ Inserted by the European Union (Term of Protection of Copyright and Related Rights) (Directive 2011/77/EU) Regulations 2013)

	Chapter 2 Infringement of Performers’ Rights
Consent required for recording or live transmission of performance.	209.—A person infringes the rights of a performer conferred by section 203 where he or she, without the consent of the performer—
	(a) shows or plays in public the whole or any substantial part of a qualifying performance, or
	(b) broadcasts or includes in a cable programme service the whole or any substantial part of a qualifying performance,
	by means of a recording which was, and which that person knows or has reason to believe was, made without the consent of the performer.
Meaning of illicit recording.	210.—(1) In Parts III and IV “illicit recording”, in relation to a performance, shall be construed in accordance with this section.
	(2) A recording of the whole or any substantial part of a performance shall be an illicit recording where the recording is made without the consent of the performer.
	(3) A copy of a recording shall be an illicit recording where its making constitutes an infringement of a performer’s property rights in the recording concerned.
	(4) Subject to subsection (5), a copy of a recording shall be an illicit recording where—
	(a) it has been or is to be imported into the State, and
	(b) its making in the State would have constituted an infringement of a performer’s property rights in the recording concerned, or breach of an exclusive licence agreement relating to that recording.
	(5) A copy of a recording which previously has been issued to the public in accordance with section 206 in any other Member State of the EEA by, or with the consent of, the owner of the performers’ property rights in the recording, shall not be deemed to be an illicit recording for the purposes of subsection (4).
	(6) A recording of the whole or any substantial part of a performance which is subject to an exclusive recording contract shall be an illicit recording where it is made, otherwise than for private and domestic use, without the consent of the person having recording rights or the consent of the performer.
	(7) For the purposes of sections 258 and 260, a recording shall be deemed to be an illicit recording where it is an illicit recording for the purposes referred to in subsections (2), (3), (4) and (5) of this section.

Presumptions.	211.—Where in any proceedings for infringement of any right conferred by Part III or IV the question arises as to whether a recording is an illicit recording and it is shown that—
	(a) the recording is a recording of the performance concerned, and
	(b) rights conferred by Parts III and IV subsist or have subsisted at any time in the recording,
	it shall be presumed until the contrary is proved that the recording was made at a time when such rights subsisted.
Presumption relevant to civil proceedings.	211A.— In civil proceedings for infringement of the rights in a performance under this Part, where copies of a recording of the performance as issued to the public bear a statement that a named person was the performer, the statement shall be admissible as evidence of the fact stated and shall be presumed to be correct, unless the contrary is proved.¹³⁵
Secondary infringement: importing, possessing or dealing with illicit recordings.	212.—(1) A person infringes the rights of a performer conferred by section 203 where he or she, without the consent of the performer—
	(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,
	(c) in the course of a business, trade or profession, has in his or her possession, custody or control, or makes available to the public, or
	(d) otherwise than in the course of a business, trade or profession, makes available to the public to such an extent as to prejudice the interests of the performer,
	a recording of a qualifying performance which is, and which he or she knows or has reason to believe is, an illicit recording.
	(2) Where, in an action brought under this section for infringement of the rights of a performer, a defendant shows that the illicit recording was innocently acquired by him or her or his or her predecessor in title, the only remedy available against the defendant in respect of the infringement shall be an award of damages not exceeding a reasonable payment in respect of the act complained of.
	(3) In Parts III and IV “innocently acquired” means that the person acquiring the recording did not know and had no reason to believe that it was an illicit recording.
Secondary infringement : providing means for	213.—A person infringes the rights of a performer conferred by section 203 where he or she without the consent of the performer—

¹³⁵ Inserted by the European Communities (Enforcement of Intellectual Property Rights) Regulations 2006

making illicit recording.
	(a) makes,
	(b) sells, rents or lends, or offers or exposes for sale, rental or loan,
	(c) imports into the State, or
	(d) has in his or her possession, custody or control,
	an article specifically designed or adapted for making recordings of a performance, knowing or having reason to believe that it has been or is to be used to make illicit recordings.
Secondary infringement: permitting use of apparatus for infringing performances.	214.—Where the rights of a performer conferred by this Part are infringed by a public performance of a recording of the performance, or by playing or showing the recording in public, by means of apparatus for—
	(a) playing sound recordings,
	(b) showing films, or
	(c) receiving sounds or images or any combination of sounds or images, or the representations thereof, conveyed by any means,
	the following persons shall also be liable for the infringement—
	(i) a person who supplied the apparatus, or any substantial part thereof if, when he or she supplied the apparatus or part thereof—
	(I) he or she knew or had reason to believe that the apparatus was likely to be used to infringe the rights of a performer conferred by this Part, or
	(II) in the case of apparatus the normal use of which involves a public performance, playing or showing, he or she had reason to believe that it would be used to infringe the rights of a performer conferred by this Part;
	(ii) an owner or occupier of premises who gave permission for the apparatus to be brought onto the premises if, when the owner or occupier gave permission, he or she knew or had reason to believe that the apparatus was likely to be used to infringe the rights of a performer conferred by this Part; and
	(iii) a person who supplied a copy of a sound recording or film used to infringe the rights of a performer conferred by this Part if, when the person supplied it, he or she knew or had reason to believe that what was supplied, or a copy made directly or indirectly therefrom, was likely to be used to infringe the rights of a performer conferred by this Part.

	Chapter 3 Recording Rights
Interpretation.	215.—(1) In Parts III and IV an “exclusive recording contract” means a contract between a performer and another person under which that person is entitled to the exclusion of all other persons (including the performer) to make recordings of one or more of that performer’s performances with a view to their commercial exploitation.
	(2) Subject to subsection (3), references in Parts III and IV to a “person having recording rights”, in relation to a performance, are to a person—
	(a) who is party to and has the benefit of an exclusive recording contract to which the performance is subject, or
	(b) to whom the benefit of such a contract has been assigned,
	and who is a qualifying person.
	(3) Where a performance is subject to an exclusive recording contract but the person mentioned in subsection (2) is not a qualifying person, references in Parts III and IV to a “person having recording rights”, in relation to the performance, are to a person—
	(a) who is licensed by the person having recording rights to make recordings of the performance with a view to their commercial exploitation, or
	(b) to whom the benefit of such a licence has been assigned,
	and who is a qualifying person.
	(4) In this section “with a view to their commercial exploitation” means with a view to the recordings being sold, rented or lent, or offered or exposed for sale, rental or loan or shown or played in public or otherwise made available to the public for commercial gain.
Infringement of recording rights by copying.	216.—(1) A person infringes the rights conferred by this Part on a person having recording rights in relation to a performance where he or she, without the consent of the performer or of the person having recording rights in relation to the performance, makes a recording of the whole or any substantial part of the performance.
	(2) Without prejudice to any other remedy, in an action brought under this section for infringement of the rights referred to in subsection (1), damages shall not be awarded against a defendant who shows that at the time of the infringement he or she did not know and had no reason to believe that consent had not been given.
Infringement of recording rights by use of illicit recording.	217.—(1) A person infringes the rights conferred by this Part on a person having recording rights in relation to a performance where he or she, without the consent of the person having recording rights in relation to the

	performance or, in the case of a qualifying performance, the consent of the performer—
	(a) shows or plays in public the whole or any substantial part of the performance, or
	(b) broadcasts or includes in a cable programme service the whole or any substantial part of the performance,
	by means of a recording which was, and which that person knows or has reason to believe was, made without the appropriate consent.
	(2) The reference in subsection (1) to the “appropriate consent” is to the consent of—
	(a) the performer, or
	(b) the person who, at the time the consent was given, had recording rights in relation to the performance (or, where there was more than one such person, the consent of all of them).
Secondary	218.—(1) A person infringes the rights conferred by this Part on a person having recording rights in relation to a performance where he or she, without the consent of the person having recording rights in relation to the performance or, in the case of a qualifying performance, the consent of the performer—
infringement:
importing, possessing
or dealing with illicit
recording.
	(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,
	(c) in the course of a business, trade or profession, has in his or her possession, custody or control, or makes available to the public, or
	(d) otherwise than in the course of a business, trade or profession, makes available to the public to such an extent as to prejudice the interests of the person having recording rights,
	a recording of a performance which is, and which that person knows or has reason to believe is, an illicit recording.
	(2) Where, in an action brought under this section for infringement of the rights conferred by this Part on a person having recording rights, a defendant shows that the illicit recording was innocently acquired by him or her or his or her predecessor in title, the only remedy available against the defendant in respect of the infringement shall be an award of damages not exceeding a reasonable payment in respect of the act complained of.
Secondary	219.—A person infringes the rights conferred by this Part on a person having recording rights in relation to a performance where he or she, without the consent of the person having recording rights in relation to the performance or, in the case of a qualifying performance, the consent of the performer—
infringement:
providing means for
making illicit
recordings.

	(a) makes,
	(b) sells, rents or lends, or offers or exposes for sale, rental or loan,
	(c) imports into the State, or
	(d) has in his or her possession, custody or control,
	an article specifically designed or adapted for making recordings of a performance, knowing or having reason to believe that it has been or is to be used to make illicit recordings.
	Chapter 4 Acts Permitted in Relation to Performances
Exemptions in respect of performance.	220.—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.
Fair dealing with performances, etc.	221.—(1) Fair dealing with a performance or recording for the purposes of criticism or review, of that or another performance or recording, or of a work, or for the purpose of reporting current events, shall not infringe any of the rights conferred by this Part. 221. (1) Fair dealing with a performance or recording for the purposes of— (a) criticism or review, of that or another performance or
	recording, or of a work, (b) reporting current events, or (c) education, research or private study,
	shall not infringe any of the rights conferred by this Part.
	(2) Fair dealing with a recording of a performance for the purposes of caricature, parody or pastiche shall not infringe the copyright in that work.
	(3) In this Part, ‘fair dealing’ means the making use of a performance or recording which has been lawfully made available to the public for a purpose and to an extent which will not unreasonably prejudice the interests of the rightsowner where such use is accompanied by a sufficient acknowledgement.¹³⁶
	(2) In this Part “fair dealing” means the making use of a performance or a recording which has been lawfully made available to the public for a purpose and to an extent which will not unreasonably prejudice the interests of the rightsowner.

Incidental use of performances.	222.—(1) The rights conferred by this Part are not infringed by the inclusion in an incidental manner of a performance or recording in another recording or work.
	(2) The rights conferred by this Part are not infringed by the making available to the public of anything whose making was not, by virtue of subsection (1), an infringement of those rights.
	(3) A performance or recording shall not be regarded as included in an incidental manner in another recording or work where it is included in a manner where the interests of the rightsowner are unreasonably prejudiced.
	Education
Copying of a performance for purpose of instruction, etc.	223.—(1) The rights conferred by this Part are not infringed by the copying of a recording of a performance in the course of instruction or preparation for instruction where the copying is done by or on behalf of a person giving or receiving instruction education or of preparation for education where the copying is done by or on behalf of a person giving or receiving education.¹³⁷
	(2) The rights conferred by this Part are not infringed—
	(a) by the copying of a recording of a performance for the purposes of setting or answering the questions in an examination, or
	(b) by anything done for the purposes of an examination by way of communicating the questions to the examination candidates.
	(3) Where a copy which would otherwise be an illicit recording 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 illicit recording for those purposes and for all subsequent purposes.
Playing of sound recording, etc., at an educational establishment.	224.—(1) The playing or showing of a sound recording, film, broadcast or cable programme 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) by any person for the purposes of instruction education,¹³⁸
	is not a playing or showing of a performance or a recording in public for the purposes of infringement of the rights conferred by this Part.
	(2) 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 a guardian of a pupil in attendance at the educational establishment concerned.

¹³⁷ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

¹³⁸ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

Recording of broadcast, etc., on behalf of an educational establishment.	225.—(1) A recording of a broadcast or a cable programme, or a copy of such a recording, may be made by or on behalf of an educational establishment for the educational purposes of that establishment without infringing any of the rights conferred by this Part in relation to any performance or recording included in the broadcast or cable programme.
	(2) Where a recording which would otherwise be an illicit recording 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 illicit recording for those purposes and for all subsequent purposes.
Text and data mining for non-commercial research	225A.(1) Subject to subsection (3), the making of a copy of a performance or recording by a person who has lawful access to the performance or recording does not infringe any of the rights conferred by this Part where the copy is— (a) 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 (b) accompanied by a sufficient acknowledgement. (2) A copy made under subsection (1) of a performance or recording which was, at the time when the copy was made, available without a restriction as to its access does not infringe copyright, and whether or not that work continues to be so available after that time.
	(3) Where a copy of a performance or recording has been made under subsection (1) by a person, the copyright in the performance or recording 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 provisions contrary to this section shall be unenforceable.¹³⁹
	(4) Without prejudice to section 374, nothing in Part VII shall be construed as operating to prevent any 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 performance or recording includes the reproduction of extracts from the performance or recording, 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.
Text and data mining for non-commercial purposes – exception	225AA. (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 225A(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.
	(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
	(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.¹⁴⁰
	225B.(1) Subject to subsections (2) to (5), it is not an infringement of the rights conferred by this Part—
	to make or to cause to be made a copy or communication of a recording of a performance for the sole purpose of illustration for education, teaching or scientific research or of preparation for education, teaching or scientific research, or
	without prejudice to the generality of paragraph (a), for an educational establishment, for the educational purposes of that establishment, to copy or cause to be copied a recording of a performance, or to do or to cause to be done any other reasonably necessary act in order to display it.
	(2) Subsection (1) shall not apply unless the copy or communication is—
	made for purposes that are neither directly nor indirectly commercial,
Illustration for education, teaching or scientific research	made only to an extent reasonably justified by the non-commercial purposes referred to in paragraph (a), and

(a) accompanied by a sufficient acknowledgement.

(3) Subsection (1) shall not apply if—

¹⁴⁰ Inserted by European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021

	the recording being copied or communicated is an infringement of the rights conferred by this Part, and (a) the person making the copy or communication or causing it to be made did not have reasonable grounds to believe that the recording was not such an infringement. (b) (4) Where a copy which would otherwise be an illicit recording 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 illicit recording for those purposes and for all subsequent purposes. (c) (5) Subsection (1) shall not apply if the recording is commercially available in the State— in a medium that is appropriate for any purpose referred to in that subsection, (a) by or with the authority of the owner of the rights in that recording,
	(b) on commercial terms no less favourable than those that apply to the recording in a medium other than the medium referred to in paragraph (a), and (d) in sufficient supply to meet the likely demand for that recording in the medium referred to in paragraph (a).
Distance learning provided by educational establishment	225C. (1) Subject to subsections (2), (3) and (4), it is not an infringement of the rights conferred by this Part for— (a) an educational establishment, for the educational purposes of that establishment, to communicate a recording of a performance, sound recording, film, broadcast or cable programme as part of a lesson or examination to a student of that establishment by telecommunication, and
	(b) a student who has received such a lesson or examination to make a copy of such recording, film, broadcast or cable programme in order to be able to listen to or view it at a more convenient time. (c) (2) Subsection (1) shall not apply if— the recording, film, broadcast or cable programme being communicated or copied is an infringement of the rights conferred by this Part, and

Distance learning provided by educational establishment	the person making the communication or copy or causing it to be made did not have reasonable grounds to believe that the recording, film, broadcast or cable programme was not such an infringement.
	(a) (3) Where a copy which would otherwise be an illicit recording 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 illicit recording for those purposes and for all subsequent purposes.
	(b) (4) 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.
	(5) 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.
	(6) 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.
	(7) Any contractual provisions contrary to this section shall be unenforceable.¹⁴¹
	225D.(1) Subject to subsection (2), it is not an infringement of the rights conferred by this Part for an educational establishment, for the educational purposes of that establishment, to copy or communicate a recording of a performance that is available through the Internet if that copy or communication is accompanied by a sufficient acknowledgement. (2) Subsection (1) shall not apply if—

¹⁴¹ Inserted by European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021

	the recording is protected by a technological protection measure,
	(a) the educational establishment knew or ought to have been aware that the recording was made available through the Internet without the consent of the copyright owner, or
	(b) (c) a clearly visible notice, and not merely the copyright symbol, prohibiting the copying or communication of the recording is posted on the Internet website concerned or on the recording itself.¹⁴²
	226.—(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 205 (5)(g) and shall not infringe the rights conferred by this Part by the lending of copies of a recording of a performance.
Use by educational establishment of recording of performance available through the Internet	(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).¹⁴³
	(a) 226.—The rights conferred by this Part are not infringed by the lending by an educational establishment of a copy of a recording of a performance.¹⁴⁴
	(b) Libraries and Archives
	227.—(1) The Minister may make regulations for the purposes of this section and those regulations may make different provisions for different classes of libraries or archives and for different purposes.
Performer’s rights not infringed by lending	(2) Without prejudice to the generality of subsection (1), the Minister may prescribe the libraries and archives to which sections 228 to 234 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 a copy of any part of a recording of a performance which has been lawfully made available to the public to a person requiring a copy;
Performers’ rights not infringed by lending by educational establishments.	(b) the conditions that are to be complied with when a librarian or archivist of a prescribed library or prescribed archive makes and supplies to another prescribed library or prescribed archive a copy of a recording of a performance or part of a recording of a performance which has been lawfully made

¹⁴² Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

¹⁴³ Deleted by the Copyright and Related Rights (Amendment) Act 2007

¹⁴⁴ Inserted by the Copyright and Related Rights (Amendment) Act 2007

	available to the public and is required by that other prescribed library or archive;
	(c) the conditions that are to be complied with before a librarian or archivist of a prescribed library or prescribed archive makes a copy of a recording of a performance in the permanent collection of the library or archive in order to preserve or replace that recording in the permanent collection of that prescribed library or prescribed archive, or in the permanent collection of another prescribed library or prescribed archive;
Regulations relating to copying of recordings by libraries and archives.	(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 a copy of the whole or part of certain recordings of a performance which have not been lawfully made available to the public from a recording in the prescribed library or prescribed archive to a person requiring the copy.
	228.—(1) Where regulations made by the Minister under section 227 require a librarian or archivist to be satisfied as to any matter before making or supplying a copy of a recording of a performance—
	(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 recording of a performance makes a declaration which is false in a material particular and is supplied with a copy which would have been an illicit recording if made by him or her—
	(a) he or she shall be liable for infringement of the rights conferred by this Part as if he or she had made the copy, and
Libraries and archives: declarations.	(b) the copy shall be treated as an illicit recording.
	229.—(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 recording of a performance which has been lawfully made available to the public without infringing any rights conferred by this Part.
	(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, research¹⁴⁵ 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 recording 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 recording of a performance.
	230.—(1) A copy of a recording shall not be supplied under section 229 to more than 3 persons whose requirements are related to any similar requirement of any other person.
	(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 same time and for substantially the same purpose, and
Copying by librarians or archivists: parts of recordings lawfully made available to public.	(b) the requirements of persons shall be deemed to be related where those persons receive instructions education¹⁴⁶ to which the material is relevant at the same time and place.
	231.—(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 the whole or part of a recording of a performance, which has been lawfully made available to the public, without infringing any rights conferred by this Part.
Multiple copying.	(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.
	232.—(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 recording of a performance in the permanent collection of the library or archive—
	(a) in order to preserve or replace that recording by placing the copy in the permanent collection of that library or archive in addition to or in place of that recording, or
	(b) in order to replace in the permanent collection of another prescribed library or prescribed archive a recording which has been lost, destroyed or damaged,
Copying by librarians or archivists: supply of copies to other libraries and archives.	without infringing any right conferred by this Part.
	(2) This section shall only apply where it is not reasonably practicable to purchase a copy of the recording concerned for the purposes of subsection (1).
Copying by librarians or archivists: replacement copies of	233.—(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make a copy

recordings of performances.	of a recording of a performance in the permanent collection of the library or archive—
	(a) for the purposes of obtaining insurance cover for the copy of a performance concerned;
	(b) for purposes of security;
	(c) for the purposes of compiling or preparing an archival record of the performance; or
	(d) for exhibition in the library or archive,
Copying by librarians or archivists for certain purposes.	without infringing any rights conferred by this Part.
	(2) This section shall apply to copying conducted for the curatorial purposes specified in subsection (1), and Subsection (1) shall apply to copying conducted for the curatorial purposes specified in that subsection¹⁴⁷ to an extent reasonably justified by the non- commercial purpose to be achieved.
	(3) Subject to subsection (4), the librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make a copy of a recording of a performance in the permanent collection of the library or archive for the purposes of—
	compiling or preparing a catalogue, or
	publishing an image or clip from the recording in a catalogue relating to an exhibition,
	without infringing any copyright in that recording.
	(4) Subsection (3) shall apply to copying— (a) conducted for the curatorial purposes referred to in that subsection, (b) to an extent reasonably justified by the non-commercial purpose to be achieved, and accompanied by a sufficient acknowledgement.¹⁴⁸
	234.—(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 the whole or part of a recording of a performance which has not been lawfully made available to the public from any recording in the

¹⁴⁷ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

	permanent collection of the library or archive without infringing any right conferred by this Part.
	(a) (2) This section shall not apply where the performer, or the person having recording rights in the relevant performance, has prohibited copying of that recording of the performance 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.
	(b) (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 purposes of research education, research¹⁴⁹ 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 that recording or part of that recording.
	235.—Where a recording of a performance 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 any right conferred by this Part to make that copy.
	(c) 235A.(1)Without prejudice to the generality of section 50(1), the communication, by a librarian or archivist of a prescribed library or prescribed archive, to members of the public of recordings of performances 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 recording for the purposes of that section where the communication is—
Copying by librarians or archivists: certain recordings not lawfully made available to public.	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) but subject to subsection (3), the brief and limited display of a still image or very short clip from a recording of a performance in the permanent collection of a prescribed library or prescribed archive—
Copy of recording required to be made as condition of export.	(a) either—
Fair dealing by librarians and archivists	in that library or another prescribed library or in that archive or another prescribed archive, or

(a) by the librarian or archivist of the first-mentioned library or archive, by another person acting under the authority of that librarian or archivist,

and

(b) during a public lecture given—

in that library or another prescribed library or in that archive or another prescribed archive,

(i) by the librarian or archivist of the first-mentioned library or archive or by another person acting under the authority of that librarian or archivist,

(ii) shall constitute fair dealing for the purposes of section 50(1).

(3) Subsection (2) shall not apply unless the communication or display is—

undertaken for the sole purpose of education, teaching, research or private study where such purpose is neither directly nor indirectly commercial, and

(i) (b) accompanied by a sufficient acknowledgement.

(ii) (4) The communication through the Internet or otherwise of the display referred to in subsection (2) shall constitute fair dealing for the purposes of section 50(1) where the display is—

undertaken for the sole purpose of education, teaching, research or private study where such purpose is neither directly nor indirectly commercial, and

(b) accompanied by a sufficient acknowledgement.¹⁵⁰

) 236.—Where a copy which would otherwise be an illicit recording is ade under section 229 , 231 , 232 , 234 or 235 but is subsequently sold, rented r lent, or offered or exposed for sale, rental or loan, or otherwise made

vailable to the public, it shall be treated as an illicit recording for those urposes and for all subsequent purposes.

236A.—(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

(a) (b) in accordance with Regulation 8 of the Regulations of 2014, the relevant body—

(i) makes that orphan work available to the public, or

¹⁵⁰ Inserted by the Copyright and Other Intellectual Property Provisions Act 2019

Copying by librarians or archivists: illicit recording.	(ii) carries out an act of reproduction of that orphan work for the purposes of digitisation, making available, indexing, cataloguing, preservation or restoration.
Orphan Works	(2) The rights conferred by this Part in relation to a relevant work in the collection of a relevant body is not infringed by a relevant body where—
	(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 2014151.
	Public Administration
	237.—The rights conferred by this Part are not infringed by anything done for the purposes of parliamentary or judicial proceedings or for the purpose of reporting those proceedings.
	238.—(1) The rights conferred by this Part are not infringed by anything done for the purposes of a statutory inquiry or for the purpose of reporting any such inquiry.
	(2) The rights conferred by this Part are not infringed by the making available to the public of copies of a report of a statutory inquiry containing a recording of a performance.
	239.—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 infringing any right conferred by this Part.
	240.—(1) Without prejudice to the generality of section 239 , where material is open to public inspection pursuant to a statutory requirement, or is on a statutory register, the rights conferred by this Part are 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

¹⁵¹ Inserted by the European Union (Certain Permitted Uses of Orphan Works) Regulations 2014

	any description, by or with the authority of the person required to make the material open to public inspection or, by or on the authority of the person maintaining the register.
Parliamentary and judicial proceedings.	(2) Where material is open to public inspection pursuant to a statutory requirement, or is on a statutory register, the rights conferred by this Part are 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, the person maintaining the register.
Statutory inquiries.	(3) Where a recording of a performance 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 consent of the person entitled to authorise such use.
	(4) Material may not be provided under this section unless the person granting access to the material has first 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.
Copying of material in public records.	(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 rights conferred by this Part are 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.
Material open to public inspection or on statutory register.	(6) The Minister may prescribe the conditions which are to be complied with before material is made available to the public under this section.
	(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 party,
	or
	(b) to a register maintained by an international organisation specified in the order,
	as they apply in relation to material open to public inspection pursuant to a statutory requirement, or on a statutory register.

	241.—(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 any right conferred by this Part.
	(2) Nothing in this section shall be construed as excluding any defence available under any enactment.
	Recordings in Electronic Form
	242.—(1) This section applies where a recording of a performance in electronic form has been purchased on terms which expressly or impliedly allow the purchaser to make further recordings in connection with his or her use of the recording.
	(2) Where there are no express terms—
Acts done under statutory authority.	(a) prohibiting the transfer of the recording by the purchaser, imposing obligations which continue after a transfer, prohibiting the assignment of any licence or terminating any licence on a transfer, or
	(b) specifying the conditions on which a transferee may undertake the acts which the purchaser was permitted to undertake,
	then, any acts which the purchaser was permitted to undertake may also be undertaken by a transferee without infringement of any right conferred by this Part, but any recording made by the purchaser which is not also transferred shall be treated as an illicit recording for those purposes and for all subsequent purposes.
Transfer of copies of recordings in electronic form.	(3) Subsection (2) applies where the original purchased recording is no longer usable and that which is transferred is a further recording used in its place.
	(4) This section shall apply on a second and subsequent transfer in like manner as to the first transfer to a purchaser and references to the purchaser shall be construed as references to a second or subsequent transferee.
	(5) This section shall not apply in relation to a recording purchased before the commencement of this Part.
	Miscellaneous Matters Relating to Performers’ Rights
	243.—(1) Subject to compliance with the conditions specified in subsection (2), where a recording of the reading or recitation of a literary or a dramatic work is made for the purpose of—
	(a) reporting current events, or
	(b) broadcasting or including in a cable programme service the whole or part of the reading or recitation,

	it is not an infringement of any right conferred by this Part to use the recording or to make further copies and use those copies for the purposes referred to in paragraphs (a) and (b).
	(2) The conditions referred to in subsection (1) are—
Use of recordings of spoken words in certain cases.	(a) that the recording is a direct recording of the reading or recitation and is not taken from a previous recording or from a broadcast or cable programme,
	(b) that the making of the recording was not prohibited by or on behalf of the person giving the reading or recitation,
	(c) that the use made of the recording is not prohibited by or on behalf of the person giving the reading or recitation before the recording was made, and
	(d) that the use made of the recording is by or with the authority of a person who is lawfully in possession of the recording.
	244.—(1) The rights conferred by this Part are not infringed by the making of a transient and incidental copy of a recording of a performance which is technically required for the viewing of or listening to the recording by a member of the public to whom the recording is lawfully made available.
	(2) Where a copy which would otherwise be an illicit recording 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 illicit recording for those purposes and for all subsequent purposes.
	244.—(1) It is not an infringement of the rights conferred by this Part to undertake or conduct temporary acts of reproduction which acts are transient or incidental and which are an integral and essential part of a technological process and whose sole purpose is to enable –
	(a) a transmission in a network between third parties by an intermediary, or
	(b) a lawful use,
Transient and incidental copies	of the subject-matter to be made, and which acts have no independent economic significance.
	(2) Where a copy, which would otherwise be an illicit recording, is made under this section and 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 illicit recording for those purposes and for all subsequent purposes.¹⁵²
Temporary acts of reproduction.	245.—(1) A recording of a performance of an anonymous work which has not been lawfully made available to the public may be made for the purpose of including it in an archive maintained by a designated body without infringing any right conferred by this Part where at the time the recording is made—

¹⁵² Inserted by the European Union (Copyright and Related Rights) Regulations 2004

	(a) the making of the recording does not infringe any copyright, and
	(b) the making of the recording is not prohibited by any performer.
	(2) A copy of a recording made under subsection (1) and included in an archive maintained by a designated body may, subject to compliance with the conditions referred to in subsection (3), be made and supplied by an archivist without infringing any right conferred by this Part.
	(3) The conditions referred to in subsection (2) relating to the actions of archivists are—
Recordings of works of folklore.	(a) that a copy may not be supplied other than to a person who satisfies the archivist that he or she requires that copy for the purposes of research education, research¹⁵³ or private study and he or she shall not use it for any other purpose, and
	(b) that a person shall not be furnished with more than one copy of the same recording.
	(4) In this section “designated body” means a body designated for the purposes of section 92 .
	246.—(1) Subject to subsection (2), it is not an infringement of any of the rights conferred by this Part to cause a sound recording, broadcast or cable programme to be heard or viewed where it is heard or viewed—
	(a) in part of the premises where sleeping accommodation is provided for the residents or inmates, and
	(b) as part of the amenities provided exclusively or mainly for residents or inmates.
	(2) Subsection (1) does not apply in respect of any part of premises to which subsection (1) applies where there is a discrete charge made for admission to the part of the premises where a sound recording, broadcast or cable programme is to be heard or viewed.
	247.—(1) Subject to compliance with the conditions specified in subsection (2), it is not an infringement of any right conferred by this Part to play a sound recording as part of the private activities of or for the benefit of a club, society or other organisation.
Playing or showing sound recordings, broadcasts and cable programmes in certain premises.	(2) The conditions referred to in subsection (1) are—
	(a) that the club, society or other organisation is not established or conducted for profit and its main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare, and

¹⁵³ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

	(b) the proceeds of any charge for admission to the place where the sound recording is to be heard are applied solely for the purposes of the club, society or other organisation.
	(3) Subsection (1) shall not apply in the case of any club, society or other organisation where a charge is made for admission to the place where the sound recording is to be heard and any of the proceeds of the charge are applied otherwise than for the purpose of the club, society or other organisation.
Playing of sound recordings for clubs, societies, etc.	248.—(1) Where, by virtue of a licence or assignment of a right conferred by this Part, a person is authorised to broadcast or include in a cable programme service a recording of a performance, he or she shall be deemed to be licensed by the owner of the right in the recording to copy or authorise the copying of that recording by means of his or her facilities for the purposes of his or her broadcast or cable programme.
	(2) A licence conferred by subsection (1) shall be subject to the condition that any copy resulting from the exercise of that licence shall not be used for any purpose other than the broadcast or cable programme and shall be destroyed within 3 months of first being used for broadcasting or included in a cable programme service.
	(3) A copy of a recording made under this section shall be treated as an illicit recording where it is used for purposes other than broadcasting or inclusion in a cable programme service or where it is used after the expiration of 3 months from the date it is first used for broadcasting or included in a cable programme service.
	249.—(1) The rights conferred by this Part are not infringed by the making or use by an authorised broadcaster or authorised cable programme service provider, for the purpose of maintaining supervision and control over programmes broadcast by them or included by them in a cable programme service, of recordings of those programmes.
	(2) The rights conferred by this Part are not infringed by any use made by any body established by the State to regulate the operations of broadcasters or cable programme service provides of any recordings of broadcasts or cable programmes.
Recording for purposes of broadcast or cable programme.	250.—(1) The making for private and domestic use of a fixation of a broadcast or cable programme solely for the purpose of enabling it to be viewed or listened to at another time or place shall not infringe any right conferred by this Part.
	(2) Subject to subsection (3), the making by an establishment for private and domestic use of a fixation of a broadcast or cable programme solely for the purpose of enabling it to be viewed or listened to at another time or place shall not infringe any right conferred by this Part.
	(3) The Minister may specify by order establishments for the purposes of this section.

Recording for purposes of supervision and control of broadcasts and cable programmes.	251.—(1) This section applies where a broadcast made from a place in the State is, by reception and immediate retransmission, without alteration, included in a cable programme service.
	(2) The rights conferred by this Part in relation to a performance or recording included in a broadcast to which this section applies are not infringed where—
Recording for purposes of time- shifting.	(a) the inclusion is pursuant to a statutory requirement, or
	(b) the broadcast is made for reception in the area in which the cable programme service is provided and it is not a satelite transmission or an encrypted transmission.
	(3) Where the making of a broadcast is an infringement of any right conferred by this Part, the fact that the broadcast was retransmitted as a programme in a cable programme service shall be taken into account in assessing the damages for that infringement.
Reception and retransmission of broadcast in cable programme service.	252.—(1) A designated body may—
	(a) make a copy of a recording, for the purpose of modifying that copy to meet the special needs of a person who has a physical or mental disability, and
	(b) supply that modified copy to that person without infringing any right conferred by this Part.
	(2) Where a copy which would otherwise be an illicit recording 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 illicit recording for those purposes and for all subsequent purposes.
	(3) In this section “designated body” means a body designated for the purposes of section 104 .
Provision of modified recordings.	253.—(1) A recording of a broadcast or a cable programme of a designated class or a copy of such a recording may be made for the purpose of including it in an archive maintained by a designated body without infringing any right conferred by this Part in relation to a performance or recording included in the broadcast or cable programme.
	(2) In this section—
	“designated body” means a body designated for the purposes of section 105 ;
	“designated class” means a class designated for the purposes of section 105 .

	254.—(1) Subject to the service or publication of such notices as may be required by rules made under section 363 or as the Controller may in any particular case direct, the Controller may by order, on the application of a person wishing to make a copy of a recording of a performance, consent to the making of the copy in a case where the identity or location of the person entitled to the reproduction right cannot be ascertained by reasonable enquiry.
Recording for archival purposes.	(2) The consent given by the Controller under subsection (1) has effect in the same manner as the consent of the person entitled to the reproduction right for the purposes of section 204 and may be given subject to any conditions specified in the order made under subsection (1).
	(3) For the purposes of giving consent under subsection (1), the Controller shall take into account—
	(a) whether the original recording was made with the consent of the performer and is lawfully in the possession, custody or control of the person proposing to make the copy, and
	(b) whether the making of the copy is consistent with the obligations of the parties to the arrangements under which, or is otherwise consistent with the purposes for which, the original recording was made.
Power of Controller to consent on behalf of performer.	(4) subsection (3) shall not affect the obligation of the Controller in any case to have regard to all relevant circumstances.
	(5) Where the Controller consents under subsection (1) he or she shall, in default of agreement between the applicant and the person entitled to the reproduction right, make such order as the Controller thinks fit as to the payment to be made to the person entitled to the reproduction right in consideration of consent being given.
	(6) This section shall not apply to a recording of a performance that is a relevant work within the meaning of the Regulations of 2014 and the relevant work is an orphan work within the meaning of those Regulations.
	(7) In subsection (6)— ‘Regulations of 2014’ has the meaning assigned to it by section 70A; ‘relevant work’ has the meaning assigned to it by section 70A.¹⁵⁴
	Chapter 5 Delivery Up and Seizure
	255.—(1) Where a person—
	(a) in the course of a business, trade or profession, has in his or her possession, custody or control an illicit recording of a performance,

¹⁵⁴ Amended by the European Union (Certain Permitted Uses of Orphan Works) Regulations 2014

	(b) has in his or her possession, custody or control an article specifically designed or adapted for making recordings of a performance, knowing or having reason to believe that it has been or is to be used to make illicit recordings, or
	(c) has in his or her possession, custody or control a protection-defeating device,
	a person having rights conferred by this Part in relation to the performance may apply to the appropriate court for an order that the illicit recording, article or device be delivered up to him or her or to such other person as the court may direct.
Order for delivery up.	(2) An application under subsection (1) shall not be made after the expiration of the period specified in section 263 (1) as being the limit of the period for delivery up and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order as to the disposal of the illicit recording, article or device.
	(3) A person to whom an illicit recording, article or device is delivered up pursuant to an order made under this section shall, where an order under section 264 as to the disposal of the illicit recording, article or device is not made, retain it pending the making of an order, or the decision not to make an order, under that section.
	256.—(1) Without prejudice to section 257 where the owner of the rights in a recording of a performance conferred by this Part applies to the District Court, it may, where satisfied that there are reasonable grounds for believing that there are being hawked, carried about or marketed—
	(a) illicit recordings of the performance,
	(b) articles specifically designed or adapted for making recordings of a performance, which the person hawking, carrying about or marketing those articles, knows or has reason to believe that they have been or are to be used to make illicit recordings of a performance, or
	(c) protection-defeating devices,
	authorise by order a member of the Garda Síochána to seize without warrant the recordings, articles or devices and to bring them before the District Court.
Application to District Court for seizure of illicit recordings, articles or devices, etc.	(2) On being satisfied that a recording, article or device referred to in subsection (1) is—
	(a) an illicit recording,
	(b) an article that has been or is to be used to make illicit recordings, or
	(c) a protection-defeating device,

	the District Court may order the recording, article or device to be destroyed or to be delivered up to the rightsowner or otherwise dealt with as the Court may think fit.
	(3) In an application to the District Court under subsection (1) or, in any ex parte application or interlocutory motion to a court of competent jurisdiction for an order which would permit the applicant to enter and search premises or place specified therein and take possession of material found therein on terms set out in such order, the court hearing such an application may receive hearsay evidence to the effect that the witness or deponent believes that the material may be found in a particular location.
	(4) A witness or deponent shall not be obliged to indicate the source of the information upon which that witness formed the belief that material may be found in a particular location.
	(5) After the implementation of an order made under this section, the court may, on the application of a person aggrieved by it, award damages against the applicant for the order as it considers just, on being satisfied that—
	(a) no infringement of a right conferred by this Part has been established, and
	(b) the information on which the rightsowner applied for the order was given maliciously.
	257.—(1) Where it would be impracticable for the owner of the rights in a recording of a performance to apply to the District Court for an order under section 256 , a recording, article or device referred to in section 256 (1), in respect of which the rightsowner would be entitled to apply for an order for delivery up under section 255 , may be seized and detained by the rightsowner or a designated representative of that owner where the recording, article or device is found being hawked, carried about or marketed.
	(2) The right to seize and detain conferred by subsection (1) is exercisable subject to subsections (4) to (8) and is subject to any decision of the court relating to disposal of illicit recordings, articles or devices under section 264 .
	(3) A person who seizes any illicit recordings, articles or devices under this section shall apply to the District Court for an order to dispose of those recordings, articles or devices within 30 days of the seizure.
	(4) Before any illicit recordings, articles or devices are seized under this section notice of the time and place of the proposed seizure shall be given to a member of the Garda Síochána in the District Court Area in which the recordings, articles or devices are to be seized.
	(5) A person exercising the right to seize and detain conferred by subsection (1) may enter premises to which members of the public have access.
Right of rightsowner to seize illicit	(6) A person exercising the right to seize and detain conferred by subsection (1) may not seize anything in the possession, custody or control of a person at

recordings, articles or devices, etc.	his or her permanent or regular place of business, trade or profession, and may not use any force.
	(7) Without prejudice to the generality of subsection (6) a person exercising the right to seize and detain conferred by subsection (1) may make an inventory or prepare other evidence of infringement of any of the rights conferred by this Part or potential infringement of such rights.
	(8) At the time when any illicit recordings, articles or devices are seized under this section there shall be given to the owner, occupier or person in charge of the place where the recordings, articles or devices are seized a notice, in the prescribed form, informing the person of the right of the owner of the recordings, articles or devices being seized to apply to the District Court for the return of the recordings, articles or devices on the grounds that they are not—
	(a) illicit recordings of a performance,
	(b) articles that have been or are to be used to make illicit recordings, or
	(c) protection-defeating devices.
	(9) Without prejudice to the generality of subsection (8), the Minister shall prescribe the form of the notice to be given under that subsection and the form shall specify—
	(a) the name and the address of the person claiming to be the owner of the rights in the recording concerned,
	(b) the statutory authority for the seizure,
	(c) the grounds that the person seizing the recordings, articles or devices has for such seizure, and
	(d) a list of that which is seized.
	(10) The owner of any recordings, articles or devices seized under this section may apply to the District Court for the return of those recordings, articles or devices.
	(11) Rules of court shall be made under this section and the rules shall provide for procedures to enable applications to be made and dealt with in an expeditious manner.
	(12) Where there has been an exercise of the right to seize and detain, conferred by subsection (1), the court may, on the application of a person aggrieved by it, award damages against a person who exercises that right as it considers just, on being satisfied that—
	(a) no infringement of a right conferred by this Part has been established, and
	(b) the person had no reasonable grounds for such seizure.

	Chapter 6 Offences: Performances
	258.—(1) A person who, without the consent of the rightsowner—
	(a) makes for sale, rental or loan,
	(b) sells, rents or lends, or offers or exposes for sale, rental or loan,
	(c) imports into the State, otherwise than for his or her private and domestic use,
	(d) in the course of a business, trade or profession, has in his or her possession, custody or control, or makes available to the public, or
Offences.	(e) otherwise than in the course of a business, trade or profession, makes available to the public to such an extent as to prejudice the interests of the rightsowner,
	a recording which is, and which he or she knows or has reason to believe is, an illicit recording, shall be guilty of an offence.
	(2) A person who—
	(a) makes,
	(b) sells, rents or lends, or offers or exposes for sale, rental or loan,
	(c) imports into the State, or
	(d) has in his or her possession, custody or control,
	an article specifically designed or adapted for making recordings of a performance, knowing or having reason to believe that it has been or is to be used to make illicit recordings, shall be guilty of an offence.
	(3) A person who—
	(a) (i) makes,
	(ii) sells, rents or lends, or offers or exposes for sale, rental or loan,
	(iii) imports into the State, or
	(iv) has in his or her possession, custody or control,
	a protection-defeating device, knowing or having reason to believe that it has been or is to be used to circumvent rights protection measures, or
	(b) provides information, or offers or performs any service intended to enable or assist persons to circumvent rights protection measures,
	shall be guilty of an offence.

(4) Where the rights conferred by this Part are infringed—

(a) by the playing or showing in public of a recording of a performance, or

(b) by the broadcasting or inclusion in a cable programme service of a performance or a recording of a performance,

the person who caused the recording of the performance to be shown or played, or the performance or the recording of the performance to be broadcast or included in a cable programme service, shall be guilty of an offence where he or she knew or had reason to believe that the rights conferred by this Part would be infringed.

(5) An offence shall not be committed under subsection (1) or (4) by the undertaking of an act which under this Part may be undertaken without infringing the rights conferred by this Part.

(6) A person guilty of an offence under subsection (1), (2) or (3) shall be liable—

(a) on summary conviction, to a fine not exceeding £1,500 class C fine¹⁵⁵ in respect of each illicit recording, article or device, or to imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine not exceeding £100,000

€130,000¹⁵⁶, or to imprisonment for a term not exceeding 5 years, or both.

(7) A person guilty of an offence under subsection (4) shall be liable—

(a) on summary conviction, to a fine not exceeding £1,500 class C fine¹⁵⁷ in respect of each offence, or to imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine not exceeding £100,000

€130,000¹⁵⁸, or to imprisonment for a term not exceeding 5 years, or both.

259.—A person who, for financial gain, makes a claim to enjoy a right under this Part or Part IV which is, and which he or she knows or has reason to believe is, false, shall be guilty of an offence and shall be liable on conviction on indictment to a fine not exceeding

£100,000 €130,000¹⁵⁹, or to imprisonment for a term not exceeding 5 years, or both.

260.—(1) The court may, on conviction of a person or being satisfied that there is a prima facie case to answer, where the court is satisfied

¹⁵⁵ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

¹⁵⁶ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

¹⁵⁷ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

¹⁵⁸ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

¹⁵⁹ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

	that at the time of the arrest or charge the person had in his or her possession, custody or control—
	(a) in the course of a business, trade or profession, a recording of a performance, knowing or having reason to believe it to be an illicit recording,
	(b) an article specifically designed or adapted for making recordings of a performance, knowing or having reason to believe that it had been or was to be used to make illict recordings, or
	(c) a protection-defeating device,
False claims of rights in performances.	order that the illicit recording, article or device be delivered up to the rightsowner or to such other person as the court may direct.
Order for delivery up in criminal proceedings.	(2) An order may be made by the court of its own motion, or on the application of the person bringing a prosecution, and may be made whether or not the person is convicted of the offence, but shall not be made—
	(a) after the expiration of the period specified in section 263 (3) as being the limit of the period for delivery up, or
	(b) where it appears to the court unlikely that any order will be made as to the disposal of the illicit recordings, articles or devices.
	(3) A person to whom an illicit recording, article or device is delivered up pursuant to an order made under this section shall retain it pending the making of a final order or decision not to make an order, as the case may be.
	261.—(1) Where a Judge of the District Court is satisfied by information on oath that there are reasonable grounds for suspecting—
	(a) that an offence under section 258 has been, or is about to be, committed in, on or at any premises or place, and
	(b) that evidence that such an offence has been, or is about to be, committed is in, on or at those premises or that place,
	the court may issue a warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or other person or persons as that member thinks proper, at any time or times within 28 days from the date of the issue of the warrant, on production, where requested, of that warrant, to enter and search the premises or place specified in the warrant using reasonable force where necessary, and to do all or any of the following acts—
	(i) to seize any copies of any recordings, articles or devices in respect of which he or she has reasonable grounds for suspecting that an offence under section 258 has been or is about to be committed;
Search warrants and seizure.	(ii) to make an inventory or prepare other evidence of infringement or potential infringement of any right conferred by this Part;

(iii) to seize anything found there which he or she believes on reasonable grounds may be required to be used in evidence in any proceedings brought in respect of an offence under this Act;

(iv) to require any person found there to give his or her name and address.

(2) A warrant issued under this section may authorise persons, including the rightsowner or designated representative thereof, to accompany and assist any member of the Garda Síochána in executing the warrant or in collating any inventory or other evidence.

(3) A person who—

(a) obstructs or interferes with a person acting under the authority of a warrant issued under this section,

(b) is found in, on or at the premises or place specified in the warrant by a member of the Garda Síochána acting as aforesaid and who fails or refuses to give the member his or her name and address when required to do so or gives a name or address that is false or misleading,

(d) fails or refuses to give information to a member of the Garda Síochána when required to do so under this section,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 class C fine¹⁶⁰, or to imprisonment for a term not exceeding 12 months, or both.

262.—(1) It shall be an offence for a person to represent falsely that he or she is authorised by any person to give consent for the purposes of this Part in relation to a performance, unless he or she believes on reasonable grounds that he or she is so authorised.

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding £1,500 class C fine¹⁶¹, or to imprisonment for a term not exceeding 12 months, or both.

263.—(1) Subject to subsection (2), an application for an order under section 255 may not be made after the expiration of 6 years from the date on which the illicit recording, article or device was made.

(2) Where, during the whole or any part of the period referred to in subsection (1), a person entitled to apply for an order for delivery up—

(a) is under a disability, or

¹⁶⁰ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

¹⁶¹ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

False representation of authority to give consent.	(b) is prevented by fraud or concealment from discovering the facts entitling him or her to apply for an order,
	an application under section 255 may be made at any time before the expiration of 6 years from the date on which the applicant ceased to be under a disability, or, as the case may be, could, with reasonable diligence, have discovered those facts.
Period after which remedy of delivery up is not available.	(3) An order for delivery up in criminal proceedings under section 260 shall not, in any case, be made after the expiration of 6 years from the date on which the proceedings under section 260 were initiated.
	(4) Where in any proceedings for an order for delivery up under section 255 or 260 the date of the making of the illicit recording, article or device is put into question by the defendant, the onus of proof shall be on the defendant that the illicit recording, article or device was made more than 6 years before the date on which an application for an order under section 255 was made or proceedings under section 260 were initiated.
	264.—(1) An application may be made to the appropriate court for an order that an illicit recording, article or device—
	(a) delivered up under section 255 or 260, or
	(b) seized and detained under section 256 or 261,
	shall be—
	(i) forfeited to the rightsowner, or
Order as to disposal of illicit recording, article or device.	(ii) destroyed or otherwise dealt with as the court may direct,
	and the court may make such an order or such other order as it thinks fit.
	(2) In considering what order, if any, should be made under subsection (1) the court shall consider whether other remedies available in an action for infringement of the rights conferred by this Part would be adequate to compensate the person entitled to those rights and to protect his or her interests.
	(3) Provision shall be made by rules of court as to the service of notice on persons having an interest in the recordings, articles or devices concerned, and any such person may—
	(a) appear in proceedings for an order under this section whether or not he or she was served with notice, or
	(b) appeal against any order made, whether or not he or she appeared in the proceedings concerned.
	(4) An order made under this section shall not take effect until the expiration of the period within which notice of an appeal may be given or, where before the expiration of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

	(5) Where there is more than one person interested in a recording, article or device, the court shall make such order as it thinks fit and may direct the recording, article or device to be sold or otherwise dealt with and any proceeds divided in accordance with the direction of the court.
	(6) Where the court decides that no order shall be made under this section, the person who had the recording, article or device in his or her possession, custody or control immediately before it was delivered up or seized shall be entitled to its return.
	(7) References in this section to a person having an interest in a recording, article or device include any person in whose favour an order may be made under this section in respect of the recording, article or device or under section 145 or under section 23 of the Trade Marks Act, 1996 .
	Chapter 7 Licensing Schemes: Performers’ Property Rights Licensing
	265.—(1) In this Part—
	“licences” means licences to undertake or authorise the undertaking of any of the acts restricted by a performer’s property rights;
	“licensing body” means a society or other organisation which has as its main object, or one of its main objects, the negotiating or granting, either as owner or prospective owner of a performer’s property rights, or as exclusive licensee or as agent for him or her, of performers’ property rights licences, and whose objects include the granting of licences relating to the performances of more than one performer;
	“licensing scheme” means a scheme specifying—
	(a) the classes of case in which the operator of the scheme, or the person on whose behalf that operator acts, is willing to grant performers’ property rights licences, and
Licensing schemes and licensing bodies.	(b) the terms on which licences would be granted in those classes of case,
	and for this purpose a “scheme” includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name.
	(2) References in this Part to licences or licensing schemes relating to the performances of more than one performer shall not include licences or schemes relating to—
	(a) performances recorded in a single recording, or
	(b) performances recorded in more than one recording where—
	(i) the performers giving the performances are the same, or

	(ii) the recordings are made by, or by employees of or commissioned by, a single individual, firm, company or group of companies, including holding companies and their subsidiaries.
	References and Applications Relating to Licensing Schemes
	266.— Sections 267 to 272 apply to licensing schemes which are operated by licensing bodies in relation to the performer’s property rights of more than one performer, in so far as they relate to licences for any of the acts restricted by a performer’s property rights under section 204 and 205.
	267.—(1) The terms of a licensing scheme proposed to be operated by a licensing body may be referred to the Controller by an organisation which claims to be representative of persons claiming that they require licences in cases of a description to which the scheme would apply.
	(2) The Controller shall not consider a reference by an organisation under subsection (1) unless the Controller is satisfied that the organisation is representative of the class of persons that it claims to represent.
	(3) The Controller may refuse to consider a reference under subsection (1) on the ground that the reference is premature.
	(4) Where the Controller decides to consider a reference under subsection (1) he or she shall consider the subject matter of the reference and make an order, either confirming or varying the proposed scheme, as the Controller may determine to be reasonable in the circumstances.
General references.	(5) An order under subsection (4) may be made for such period as the Controller may determine.
Reference of proposed licensing scheme to Controller.	268.—(1) Where a licensing scheme is in operation and a dispute arises with respect to the scheme between the operator of the scheme and—
	(a) a person claiming that he or she requires a licence in a case of a description to which the scheme applies, or
	(b) an organisation claiming to be representative of such persons,
	that operator, person or organisation may refer the scheme to the Controller in so far as it relates to cases of that description.
	(2) The Controller shall not consider a reference by an organisation under subsection (1) unless the Controller is satisfied that the organisation is representative of the class of persons that it claims to represent.
Reference of licensing scheme to Controller.	(3) A scheme which has been referred to the Controller under subsection (1) shall remain in operation until proceedings in relation to the reference are concluded.

	(4) The Controller shall consider the matter referred to him or her and shall make an order, confirming or varying the scheme, as the Controller may determine to be reasonable in the circumstances.
	(5) An order under subsection (4) may be made for such period as the Controller may determine.
	269.—(1) Where the Controller has, in respect of a licensing scheme under section 267 or 268 or under this section, made an order in respect of a scheme, and the order remains in force, the persons to whom this section applies may refer the scheme to the Controller in so far as it relates to cases of that description.
	(2) This section applies to—
	(a) the operator of the scheme,
	(b) a person claiming that he or she requires a licence in a case of the description to which the order applies, and
	(c) an organisation claiming to be representative of persons referred to in paragraph (b).
Further reference of scheme to Controller.	(3) Where an order under section 267 or 268 or this section is in force the licensing scheme in respect of which the order is made shall not, except with the special leave of the Controller, be referred to the Controller in respect of the same description of cases—
	(a) within 12 months from the date of the order in respect of the previous reference, or
	(b) where the order was made so as to be in force for 15 months or less, until the last 3 months before the expiration of the order.
	(4) A scheme which has been referred to the Controller under subsection (1) shall remain in operation until proceedings in relation to the reference are concluded.
	(5) The Controller shall consider the matter referred to him or her and shall make an order, confirming, varying or further varying the scheme, as the Controller may determine to be reasonable in the circumstances.
	(6) An order under subsection (5) may be made for such period as the Controller may determine.
	270.—(1) A person who claims, in a case to which a licensing scheme relates, that the operator of the scheme has refused to grant or to procure the grant to him or her of a licence in accordance with the scheme, or has failed to do so within a reasonable period, may apply to the Controller for an order under subsection (4).
	(2) A person who claims, in a case excluded from a licensing scheme, that the operator of the scheme—

	(a) has refused to grant or to procure the grant to him or her of a licence, or has failed to do so within a reasonable period and that in the circumstances it is unreasonable that a licence should not be granted, or
	(b) proposes terms for a licence that are unreasonable,
	may apply to the Controller for an order under subsection (4).
Application for grant of a licence in connection with licensing scheme.	(3) A case shall be regarded as being excluded from a licensing scheme for the purposes of subsection (2) where—
	(a) the scheme provides for the grant of licences, subject to terms excepting matters from the licence and the case is within such an exception, or
	(b) the case is so similar to those in which licences are granted under the scheme that it is unreasonable that it should not be dealt with in the same way.
	(4) Where the Controller is satisfied that a claim under this section is well-founded, he or she shall make an order declaring that in respect of the matters specified in the order, the applicant is entitled to a licence on such terms as the Controller may determine to be applicable in accordance with the scheme, or, as the case may be, to be reasonable in the circumstances.
	(5) An order under subsection (4) may be made for such period as the Controller may determine.
	271.—(1) Where the Controller has made an order under section 270 that a person is entitled to a licence under a licensing scheme, the operator of the scheme or the original applicant may apply to the Controller for a review of that order.
	(2) An application under subsection (1) shall 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—
	(i) the order was made so as to be in force for 15 months or less, or
Review of orders made by Controller.	(ii) as a result of the decision on a previous application under this section the order is due to expire within 15 months of that decision,
	until the last 3 months before the expiration date.
	(3) The Controller shall, on an application for review, confirm or vary his or her order as the Controller may determine to be reasonable, having regard to the terms applicable in accordance with the licensing scheme or, as the case may be, the circumstances of the case.

	272.—(1) A licensing scheme which has been confirmed or varied by the Controller under section 267 , 268 or 269 shall be in operation or, as the case may be, remain in operation, in so far as it relates to the description of case in respect of which the order was made, for such period as the order remains in force.
	(2) Where an order made by the Controller under section 267 , 268 or 269 confirming or varying a licensing scheme is in force (in this section referred to as “an order to which this section applies”), a person who, in a case of a class to which the order applies—
	(a) pays to the operator of the scheme any charges payable under the scheme in respect of a licence applying to the case concerned or, where the amount cannot be ascertained, gives an undertaking to the operator to pay the charges when ascertained, and
	(b) complies with the other terms applicable to the licence under the scheme,
	is in the same position as regards infringement of a performer’s property rights as if he or she had at all material times been the holder of a licence granted by the rightsowner concerned in accordance with the scheme.
Effect of order of Controller as to licensing scheme.	(3) The Controller may direct that an order to which this section applies, in so far as it varies the amount of charges payable, has effect from a date before that on which it was made, but not earlier than the date on which the reference was made, or where later, the date on which the scheme came into operation.
	(4) Where a direction is made under subsection (3)—
	(a) any necessary repayments or further payments shall be made in respect of charges already paid, and
	(b) the reference in subsection (2)(a) to the charges payable under the scheme shall be construed as a reference to the charges so payable by virtue of the order.
	(5) Where the Controller has made an order under section 270 and the order remains in force, the person in whose favour the order is made, where he or she—
	(a) pays to the operator of the scheme any charges payable in accordance with the order or, where the amount cannot be ascertained, gives an undertaking to the operator to pay the charges when ascertained, and
	(b) complies with the other terms specified in the order,
	is in the same position as regards infringement of a performer’s property rights as if he or she had at all material times been the holder of a licence granted by the rightsowner concerned on the terms specified in the order.

	References and Applications Relating to Licensing by Licensing Bodies
	273.—Sections 274 to 277 apply to licences in relation to the performer’s property rights of more than one performer, granted by a licensing body otherwise than pursuant to a licensing scheme, in so far as the licences relate to any of the acts restricted by a performer’s property rights under sections 204 and 205 .
	274.—(1) The terms on which a licensing body proposes to grant a licence may be referred to the Controller by the prospective licensee for an order under subsection (3).
	(2) The Controller may refuse to consider a reference under subsection (1) on the ground that the reference is premature.
	(3) Where the Controller decides to consider a reference under subsection (1), he or she shall consider the terms of the proposed licence and make an order, confirming or varying the terms, as the Controller may determine to be reasonable in the circumstances.
	(4) An order under subsection (3) may be made for such period as the Controller may determine.
General references by licensing bodies.	275.—(1) A licensee under a licence which is due to expire with the passage of time or as a result of notice given by the licensing body may apply to the Controller on the ground that it is unreasonable in the circumstances that the licence should cease to be in force.
Reference to Controller of proposed licence	(2) An application under subsection (1) may be made at any time during the last 3 months before the expiration of the licence.
	(3) A licence in respect of which a reference has been made to the Controller under subsection (1) shall remain in force until proceedings in relation to the reference are concluded.
	(4) Where the Controller is satisfied that an application made under subsection (1) is well-founded, he or she shall make an order declaring that the licensee shall continue to be entitled to the benefit of the licence on such terms as the Controller may determine to be reasonable in the circumstances.
	(5) An order under subsection (4) may be made for such period as the Controller may determine.
Reference to Controller of expiring licence.	276.—(1) Where the Controller has made an order under section 274 or 275, the licensing body or the person entitled to the benefit of the order may apply to the Controller for a review of that order.
	(2) An application under subsection (1) shall 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—

	(i) the order was made so as to be in force for 15 months or less, or
Application for review of order made by Controller.	(ii) as a result of the decision on a previous application under this section the order is due to expire within 15 months of that decision,
	until the last 3 months before the expiration date.
	(3) The Controller shall, on an application for review, confirm or vary his or her order as the Controller may determine to be reasonable in the circumstances.
	277.—(1) Where the Controller has made an order under section 274 or 275 , and the order remains in force, the person entitled to the benefit of the order, where he or she—
	(a) pays to the licensing body any charges payable in accordance with the order or, where the amount cannot be ascertained, gives an undertaking to the operator to pay the charges when ascertained, and
	(b) complies with the other terms specified in the order,
	is in the same position as regards infringement of a performer’s property rights as if he or she had at all material times been the holder of a licence granted by the rightsowner concerned on the terms specified in the order.
	(2) The benefit of an order made under section 274 or 275 may be assigned—
Effect of order of Controller as to licence.	(a) in the case of an order made under section 274 , where assignment is not prohibited under the terms of the order of the Controller, and
	(b) in the case of an order made under section 275 , where assignment was not prohibited under the terms of the original licence.
	(3) The Controller may direct that an order made under section 274 or 275 or an order made under section 276 varying such an order, in so far as it varies the amount of charges payable, has effect from a date before that on which it was made, but not earlier than the date on which the reference or application was made or, where later, the date on which the licence was granted or, as the case may be, was due to expire.
	(4) Where a direction is given under subsection (3)—
	(a) any necessary repayments or further payments shall be made in respect of charges already paid, and
	(b) the reference in subsection (1) (a) to the charges payable in accordance with the order shall be construed, where the order is varied by a further order, as a reference to the charges so payable by virtue of that further order.
	Licensing: Miscellaneous

	278.—(1) In determining what is reasonable, on a reference or application under this Chapter relating to a licensing scheme or licence, the Controller shall have regard to—
	(a) the availability of other schemes, or the granting of other licences, to other persons in similar circumstances, and
	(b) the terms of those schemes or licences,
	and shall exercise his or her powers so as to ensure that there is no unreasonable discrimination between licensees, or prospective licensees, under the scheme or licence to which the reference or application relates and licensees under other schemes operated by, or other licences granted by, the same person.
	(2) Subsection (1) shall not affect the obligation of the Controller in any case to have regard to all relevant circumstances.
General considerations: unreasonable discrimination.	279.—Where a reference or application is made under this Chapter in relation to licensing in respect of the performer’s property rights in a recording, the Controller shall take into account, in considering what charges are to be paid for a licence, any payments which the owner of the performer’s property right is liable to make pursuant to the granting of the licence, or pursuant to the acts authorised by the licence—
	(a) to owners of the copyright in works included in the recording, or
	(b) in respect of any performance included in the recording.
Licences to reflect payments in respect of underlying rights.

	Chapter 8 Registration of Licensing Bodies in Respect of Performers’ Property Rights
Register of licensing bodies for performers’ property rights.	280.—(1) The Controller shall establish and maintain a register of licensing bodies in respect of performers’ property rights in such form and manner and containing such particulars as the Minister may prescribe to be known as the “Register of Licensing Bodies for Performers’ Property Rights” and referred to in this Part as the “Register”.
	(2) The Controller shall keep the Register in such form that the Register is capable of being used to make a copy of any entry in the Register.
	(3) The Register shall be kept at such place as may be prescribed by the Minister and, subject to the payment of such fee as may be prescribed by the Minister with the consent of the Minister for Finance—

(a) the Register shall be made available for inspection by a person at such times and in such manner as may be prescribed by the Minister, and

(b) where a request is made to the Controller for a certified or uncertified copy of, or extract from, an entry in the Register, the Controller shall issue a copy of the entry or extract to the applicant.

(4) An application for registration or renewal of a registration of a licensing body shall be made to the Controller in such form and manner as may be prescribed by the Minister and shall be subject to the payment of such fee as may be prescribed by the Minister with the consent of the Minister for Finance.

(5) The Controller shall register an applicant or renew a registration where the Controller is satisfied that—

(a) the applicant complies with the definition of a licensing body specified in section 265 , and

(b) the applicant has provided such information and satisfied such conditions as may be prescribed by the Minister for the purposes of registration.

(6) The information to be prescribed by the Minister under subsection (5)(b) shall include the following:

(a) the name of the applicant;

(b) the address of the applicant;

(c) the names of the chairperson and other members of the board or officers, or names of partners, as the case may be, of the applicant;

(d) a copy of the memorandum and articles of association or partnership agreement, of the applicant;

(e) details of the scheme;

(f) details of the scales of charges or proposed charges to be levied by the applicant; and¹⁶²

^(g)the class of rightsowners represented or proposed to be represented by the applicant;¹⁶³

(h) in the case of a licensing body in relation to which any provisions of the European Union (Collective Rights Management) (Directive 2014/26/EU) Regulations 2016 (referred to in this section as

¹⁶² Deleted by European Union (Collective Rights Management) Regulations 2016

¹⁶³ Inserted by European Union (Collective Rights Management) Regulations 2016

	“Regulations of 2016”) apply, a statement of compliance and appropriate supporting evidence.¹⁶⁴
	(7) On the registration or renewal of a registration of a licensing body the Controller shall issue to the applicant a certificate of registration in such form as the Controller shall determine. (7A) In this section and section 284— “statement of compliance” means a document, in electronic form and signed by a person authorised by the licensing body, stating that the licensing body has complied, is complying and will comply with the requirements imposed on it by the Regulations of 2016 to the extent specified in the document; “appropriate supporting evidence” means information supporting the statements made in the statement of compliance. (7B) The conditions referred to in subsection (5)(b) shall include, in the case of a licensing body in relation to which any provisions of the Regulations of 2016 apply— (a) that the licensing body has provided such further information as the Controller may require (in addition to that contained in the statement of compliance and provided as part of the appropriate supporting evidence) for ascertaining whether the licensing body has complied, is complying and will comply with requirements imposed on it by the 2016 Regulations, and ^(b)that the statement of compliance of the licensing body, together with the appropriate supporting evidence and any further information provided by the licensing body, satisfies the Controller that the licensing body has complied, is complying and will comply with requirements imposed on it by the 2016 Regulations.¹⁶⁵
Proof that licensing body may act on behalf of specified classes.	281.—A certificate granted under section 280 (7) shall include the particulars specified in subsection (6) of that section and the certificate shall be evidence of the right of the licensing body, until the contrary is proved, to act on behalf of the classes of rightsowners for whom it claims representation rights or on behalf of the rightsowners who have assigned rights to it, or exclusively licensed it, as specified in that certificate.
Notification of charges.	282.—(1) A licensing body registered under this Part which proposes to impose a charge, otherwise than in accordance with the scales of charges included in an application for registration or for renewal of a registration, shall provide the Controller in writing with details of the proposed charge not less than one month before the charge comes into effect.

¹⁶⁴ Inserted by European Union (Collective Rights Management) Regulations 2016

	(2) The registration of a licensing body which fails to comply with subsection (1) is deemed to be cancelled from the date on which the proposed charge comes into effect.
Validity of certificates of registration.	283.—(1) A certificate of registration issued under section 280 (7) shall be valid for a period of 12 months from the date of registration or such lesser period as may be specified by the Controller in the certificate.
	(2) Subject to section 280 (4), a licensing body registered under this Part may apply for renewal of its registration for further periods each of which shall not exceed 12 months.
	(3) An application for renewal of a registration shall be made not less than one month before the expiration of the period of validity of the certificate of registration.
	(4) A term of renewal of a registration shall take effect from the expiration of the previous registration.
Refusal of application.	284.—(1) The Controller may refuse an application for renewal of a registration by a licensing body registered under this Part or cancel the registration of a licensing body where the body no longer fulfils the requirements specified in section 280 (5). (1A) The power conferred on the Controller by subsection (1) may not be exercised by reason of a failure by a licensing body to provide a statement of compliance or appropriate supporting evidence— (a) if— (i) the licensing body has, before the expiration of the period of validity of the certificate of registration, submitted to the Controller an application for an extension of the time within which the statement of compliance or appropriate supporting evidence is required to be provided, accompanied by a satisfactory explanation for the application, (ii) the Controller has granted an extension of 28 days from the expiration of that period, and (iii) the failure does not continue beyond the extension, or (b) unless the Controller has, after the time within which the statement of compliance or appropriate supporting evidence is required to be provided, issued a written notice requiring the person to provide a statement of compliance or appropriate supporting evidence within a specified period and the Controller is satisfied that the notice has not been complied with.¹⁶⁶

	(2) The Controller shall remove a licensing body from the Register where its application for renewal of its registration is refused or its registration is cancelled.
Indemnity for Controller.	285.—No action or other proceedings shall lie or be maintainable against the Controller (except in the case of wilful neglect of duty) in respect of anything done or omitted to be done by him or her in the bona fide exercise of any functions, powers or duties conferred or imposed by or under this Chapter.
Obligation of collecting societies to register (performers’ property rights).	286.—(1) Any body operating as a licensing body within the meaning specified in section 265 shall be obliged to register in accordance with the provisions of this Chapter, and to remain registered for so long as it continues to operate in this capacity.
	(2) Any body to which the provisions of subsection (1) applies which—
	(a) fails within 6 months of the commencement of this Chapter to register under the terms of this Chapter,
	(b) fails within 2 months of its establishment in the case of a body established after the commencement of this Chapter to register under the terms of this Chapter, or
	(c) continues to operate as such a body having been removed from the Register for any reason,
	shall be guilty of an offence.
	(3) A person guilty of an offence under subsection (2) shall be liable—
	(a) on summary conviction, to a fine not exceeding £1,500 class C fine¹⁶⁷, or to imprisonment for a term not exceeding 12 months, or both, or
	(b) on conviction on indictment, to a fine not exceeding £100,000 €130,000¹⁶⁸, or to imprisonment for a term not exceeding 5 years, or both.
	Chapter 9 Qualification: Performances
Definition of qualifying person.	287.—In this Part, and in Part IV—
	“qualifying country” means—
	(a) Ireland,
	(b) another Member State of the EEA, or

¹⁶⁷ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

¹⁶⁸ Amended by the Copyright and Other Intellectual Property Provisions Act 2019

	(c) to the extent that an order under section 289 so provides, a country designated under that section;
	“qualifying individual” means a citizen or subject of, or an individual domiciled or ordinarily resident in, a qualifying country; and
	“qualifying person” means an Irish citizen, or an individual domiciled or ordinarily resident in the State.
Qualifying performance.	288.—A performance is a qualifying performance for the purposes of the provisions of this Part and Part IV if it is given by a qualifying individual or a qualifying person, or takes place in a qualifying country, territory, state or area, in accordance with this Chapter.
Designation of qualifying countries.	289.—(1) The Government may be order designate as a qualifying country enjoying protection under this Part and Part IV any country, territory, state or area, as to which the government is satisfied that provision has been or will be made under its law giving adequate protection for Irish performances.
	(2) For the purposes of this section, an “Irish performance” means a performance—
	(a) given by an Irish citizen, or by an individual who is domiciled or ordinarily resident in the State, or
	(b) taking place in the State.
	(3) Where the law of that country, territory, state or area provides adequate protection only for certain descriptions of performance, an order under subsection (1) designating that country, territory, state or area may contain provision limiting to a corresponding extent the protection afforded by this Part or Part IV in relation to performances connected with the country, territory, state or area.
Territorial waters and Continental Shelf.	290.—For the purposes of this Part and Part IV—
	(a) acts undertaken in, on, under or over—
	(i) the waters in the portion of the sea which comprises the territorial seas of the State,
	(ii) the waters in all areas of the sea to which the internal or inland waters of the State are extended by section 5 of the Maritime Jurisdiction Act, 1959 section 86 of the Sea-Fisheries and Maritime Jurisdiction Act 2006¹⁶⁹, and
	(iii) the waters in any area which is for the time being a designated area within the meaning of section 1 of the Continental Shelf Act, 1968 ,

¹⁶⁹ Amended by the Sea-Fisheries and Maritime Jurisdiction Act 2006

	and
	(b) acts undertaken on an Irish ship, aircraft or hovercraft registered under the laws of the State,
	shall be deemed to have been undertaken in the State.
	Chapter 10 Duration of Rights in Performances
Duration of rights.	291.—The rights conferred by this Part shall expire 50 years from the end of the calendar year in which—
	(a) the performance takes place, or
	(b) where within that period a recording of the performance is lawfully made available to the public, that recording is first so lawfully made available to the public.
Duration of rights.	291.— The rights conferred by this Part shall expire 50 years after the date of the performance.
	(2) Notwithstanding subsection (1) –
	(a) if a recording of the performance is lawfully made available to the public within the period referred to in subsection (1), the rights shall expire 50 years from the date the recording is first so made available, and
	(b)notwithstanding paragraph (a) but subject to subsection (3), if a sound recording of the performance is lawfully made available to the public within the period referred to in subsection (1), the rights shall expire 70 years from the date the recording is first so made available.
	(3) Subsection (2)(b) applies to a sound recording –
	(a) in regard to which the rights of the performer and the producer would still have been protected on 1 November 2013, had the European Union (Term of Protection of Copyright and Certain Related Rights) (Directive 2011/77/EU) Regulations 2013 not come into operation on that date, or
	(b) that is created on or after 1 November 2013.
	(4) The terms provided for in subsections (1) and (2) shall be calculated from the first day of January of the year following the event that gives rise to them.¹⁷⁰
	Chapter 11 Performers’ Property Rights

¹⁷⁰ Inserted by the European Union (Term of Protection of Copyright and Related Rights) (Directive 2011/77/EU) Regulations 2013)

Performers’ property rights.	292.—(1) The rights conferred on a performer by sections 204 , 205 , 206 and 207 are property rights and shall be known and in Parts III and IV referred to as “performers’ property rights”.
	(2) Where different persons are (whether in consequence of a partial assignment or otherwise) entitled to different aspects of a performer’s property rights in relation to a performance, the rightsowner for the purposes of Parts III and IV is the person who is entitled to the aspect of those rights relevant for those purposes.
	(3) Where a performer’s property rights (or any aspect of them) are owned jointly by more than one person, references in this Part to the rightsowner shall include references to all those owners, such that, in particular, any requirement of the licence of the rightsowner requires the licence of all of them.
	(4) References in Parts III and IV to the consent of a performer shall be construed in relation to the performer’s property rights as references to the consent of the rightsowner.
	Chapter 12 Transmission of Performers’ Property Rights
Assignment and licences.	293.—(1) A performer’s property rights are transmissible by assignment, by testamentary disposition or by operation of law, as personal or moveable property.
	(2) A transmission of a performer’s property rights 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 a performer has the right to authorise or prohibit, or
	(b) to part but not the whole of the period for which the rights in the performance are to subsist.
	(3) An assignment of a performer’s property rights, 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 the owner of a performer’s property rights is binding on every successor in title to his or her interest in the rights, 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 rightsowner shall be construed accordingly.
	(5) A licence granted by a prospective owner of a performer’s property rights is binding on every successor in title to his or her interest (or prospective interest) in the rights, 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 rightsowner shall be construed accordingly.
Prospective	294.—(1) Where, by an agreement made in relation to a performer’s property rights in respect of a future performance and signed by or on behalf of the performer, the performer purports to assign his or her rights in such a performance, whether in whole or in part, to another person, then where, on the rights 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 rights to be vested in him or her, the rights shall vest in the assignee or his or her successor in title under this section or any other person claiming under him or her.
ownership of
performers’
property
rights.
	(2) Where, at the time when any performer’s property right comes into existence, the person who, if he or she were then living, would be entitled to the right is dead, the right shall devolve as if it had existed immediately before his or her death and he or she had then been the owner of the right.
	(3) The rights of an assignee in a future performance shall not be prejudiced by the fact that the agreement referred to in subsection (1) was made before the commencement of this section.
	(4) In this Part—
	“future performance” means any performance which will or may take place at some date in the future;
	“prospective owner”, in relation to a performer’s property rights, includes a person who is prospectively entitled to those rights by virtue of an agreement referred to in subsection (1).
Exclusive licences.	295.—(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 a performer’s property rights authorising 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 rightsowner 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.
Performers’	296.—Where, under a bequest (whether specific or general), a person is entitled, beneficially or otherwise, to any material thing containing an original recording of a performance which had not been made available to the public before the death of the testator, the bequest shall be construed as including any performer’s property rights in relation to the recording in so far as the testator was the owner of the rights 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.
property
rights to pass
under will
with certain
original
recordings.
Presumption	297.—(1) Without prejudice to the right of a performer to receive equitable remuneration in respect of a rental right, where an agreement concerning film production is concluded between a performer and a film producer, the
of transfer of
rental right in
case of film

production agreement.	performer 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 recording of his or her performance in the film.
	(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 performer shall not restrict the operation of section 293 or 294 .
	(3) The reference in subsection (1) to an agreement concluded between a performer 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.
Right to equitable remuneration where rental right is transferred.	298.—(1) Without prejudice to the generality of section 297 , where a performer 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 performer and the performer 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.
	(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 299 , 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.
	(6) An agreement is void in so far as it purports to exclude or restrict the right to equitable remuneration conferred by this section.
	(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 performer.

Equitable remuneration: reference of determination of amount to Controller.	299.—(1) In default of agreement as to the amount of equitable remuneration payable under section 298 , 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 298 may also apply to the Controller—
	(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 performer.
	(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 under this section.
Termination of assignment agreement.	299A. — (1) If, in relation to a sound recording of a performance –
	(a) the performer has made an assignment agreement with the producer,
	(b) a period of at least 50 years has elapsed after the sound recording was first lawfully made available to the public,
	(c) the producer does not offer copies of the sound recording for sale in sufficient quantities, or does not make it available to the public, by wire or wireless means, in such a way that members of the public may access it from a place and time chosen by them,
	the performer may, in writing, notify the producer of the performer’s intention to terminate the assignment agreement referred to in paragraph (a).
	(2) If, not later than one year from the date of notification by the performer of his or her intention to terminate the assignment agreement, the producer has not offered copies of the sound recording for sale, or made it available to the public, as described in subsection (1)(c), the performer may terminate the assignment agreement by notice in writing to the producer.

(3) Upon the termination of the assignment agreement in accordance with subsection (2), all rights of the producer in the sound recording shall expire and the rights transferred or assigned to the producer by the performer under the assignment agreement shall revert to the performer.
(4) An agreement is void in so far as it purports to exclude or restrict the right to terminate an assignment agreement conferred by this section.
(5) Where the performance of more than one performer is captured in a sound recording and more than one assignment agreement has been made in relation to that sound recording, subsection (3) shall not take effect until the last of the existing assignment agreements in relation to that sound recording has been terminated in accordance with subsection (2).
(6) In this section and in sections 299B to 299E –
‘assignment agreement’ means an agreement between the performer and the producer by which the performer transfers or assigns one or more of the transmissible rights conferred on him or her by this Part to the producer;
‘producer’ means the person for the time being entitled to the copyright in the sound recording.¹⁷¹
Annual supplementary remuneration.	299B. (1) If, in relation to a sound recording of a performance –
(a) the performer has made an assignment agreement that gives the performer the right to claim a non-recurring remuneration, and
	(b)the minimum period specified in section 299A(1)(b) has elapsed,
the performer shall have the right to obtain an annual supplementary remuneration from the producer for each full year immediately following the fiftieth year after the sound recording was first lawfully made available to the public.
(2) The right of the performer to obtain an annual supplementary remuneration in accordance with this section shall not be waived by the performer and an agreement is void in so far as it purports to exclude or restrict that right.
(3) The overall amount to be set aside, at least once a year, by a producer for payment of annual supplementary remuneration pursuant to this section shall correspond to 20% of the gross revenue that the producer has derived for the preceding full year referred to in subsection (1).

¹⁷¹ Inserted by the European Union (Term of Protection of Copyright and Related Rights) (Directive 2011/77/EU) Regulations 2013)

	(4) The right of a performer referred to in subsection (1) to obtain an annual supplementary remuneration in accordance with this section shall be administered by a collecting society on his or her behalf as follows:
	(a) the producer shall pay the annual supplementary remuneration referred to in subsection (1) to which the performer is entitled to a collecting society within one month of its having been set aside;
	(b) the collecting society shall then distribute the annual supplementary remuneration referred to in paragraph (a) to the performer.
	(5) For the purposes of this section, the producer or the former producer of a sound recording shall, if requested by the performer in writing, inform the performer in writing as soon as may be, and in any event not more than 40 days after receipt of the said request, of any information in the possession of the producer or former producer that may be necessary for the performer in order to secure payment of that remuneration.
	(6) If the producer or the former producer fails to supply the information specified in subsection (5) within the period specified in that subsection, the performer may seek an injunction from the High Court requiring the producer or former producer to provide the information.
	(7) The ‘gross revenue’ referred to in subsection (3) means the revenue, before deducting costs, derived by the producer from the exclusive rights of distribution, reproduction and making available of the sound recording.¹⁷²
Recurring payments.	299C If, in relation to a sound recording of a performance –
	(a) an assignment agreement gives the performer the right to claim recurring payments, and
	(b) the period specified in section 299A(1)(b) has elapsed,
	neither advance payments nor any contractually defined deductions shall be deducted from the payments made to the performer after the period referred to in paragraph (b) has elapsed.¹⁷³
Application of sections 299A to 299C.	299D. Sections 299A to 299C shall apply to assignment agreements in relation to sound recordings –
	(a) in regard to which the rights of the performer and the producer would still have been protected on 1 November 2013, had the European Union (Term

¹⁷² Inserted by the European Union (Term of Protection of Copyright and Related Rights) (Directive 2011/77/EU) Regulations 2013)

¹⁷³ Inserted by the European Union (Term of Protection of Copyright and Related Rights) (Directive 2011/77/EU) Regulations 2013)

of Protection of Copyright and Certain Related Rights) (Directive 2011/77/EU) Regulations 2013 not come into operation on that date, or
		(b) that are created on or after 1 November 2013.¹⁷⁴
Deemed continuation in force and modification of assignment agreements.	299E. (1) Where an assignment agreement was made before 1 November 2013, it shall be deemed to continue in force, unless it clearly indicates otherwise, until the expiration of the rights of the performer under this Act that were transmitted pursuant to the assignment agreement, or until the assignment agreement is terminated pursuant to section 299A.
(2) An assignment agreement that entitles a performer to recurring payments and which was concluded before 1 November 2013 may be modified for the benefit of the performer once the period specified in section 299A(1)(b) has elapsed until the expiration of the rights of the performer under this Act that were transmitted pursuant to the assignment agreement, or until the assignment agreement is terminated pursuant to section 299A.¹⁷⁵
		Chapter 13 Transmission of Recording Rights and Performers’ Non-Property Rights
Performers’ non- property rights.		300.—(1) The rights conferred on a performer by sections 203 , 209 and 212 are non-property rights and shall be known and in Parts III and IV referred to as “performers’ non-property rights”.
		(2) A performer’s non-property rights are not assignable or transmissible, except to the extent provided for in subsection (3).
		(3) On the death of a person entitled to a performer’s non-property rights—
		(a) the rights pass by testamentary disposition to such person as the person entitled to the right may direct, and
		(b) where there is no such direction, the right is exercisable by the personal representatives of the person entitled to the right.
		(4) References in Parts III and IV to the performer, in the context of the person having any right referred to in subsection (1), shall be construed as references to the person for the time being entitled to exercise those rights.
		(5) Where, under subsection (3)(a), a right becomes exercisable by more than one person, it is exercisable by each of them.
		(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

¹⁷⁴ Inserted by the European Union (Term of Protection of Copyright and Related Rights) (Directive 2011/77/EU) Regulations 2013)

¹⁷⁵ Inserted by the European Union (Term of Protection of Copyright and Related Rights) (Directive 2011/77/EU) Regulations 2013)

	the person’s estate as if the right of action had subsisted and been vested in that person immediately before his or her death.
Transmissibility of rights of person having recording rights.	301.—(1) The rights conferred by this Part on a person having recording rights in relation to a performance are not assignable or transmissible.
	(2) Subsection (1) shall not affect the operation of section 215 (2)(b) or section 215 (3)(b) in so far as those provisions confer rights under this Part on a person to whom the benefit of a contract or licence is assigned.
Consent.	302.—(1) For the purposes of this Part and Part IV, consent by a person having a performer’s non-property rights, or by a person having recording rights, may be given in relation to a specific performance, a specified description of performances or performances generally, and may relate to past or future performances.
	(2) A person having recording rights in relation to a performance shall be bound by any consent given by a person through whom he or she derives his or her rights under the exclusive recording contract or licence concerned, in the same way as if the consent had been given by him or her.
	(3) Where a performer’s non-property right passes to another person, any consent binding on the person previously entitled to the right binds the person to whom the right passes in the same way as if the consent had been given by him or her.
	Chapter 14 Remedies: Owner of Performers’ Property Rights
Infringement actionable by rightsowner.	303.—(1) An infringement of a performer’s property rights is actionable by the rightsowner.
	(2) In an action for infringement of a performer’s property rights under this section all relief by way of damages, injunctions, account of profits or otherwise is available to the plaintiff as it is available in respect of the infringement of any other property right.
	(3) Where, in an action for infringement of a performer’s property rights, the defendant does not admit that the plaintiff is owner of the performer’s property rights, the court may direct that evidence in relation to ownership of the performer’s property rights be given on affidavit and the court may decide the issue on consideration of any affidavit presented to it unless it is satisfied that any conflict of evidence between the affidavits may not be resolved other than by hearing oral testimony in which case the court may order that oral evidence may be adduced.
	(4) Hearsay evidence may be accepted for the purposes of any hearing under subsection (3).

Award of	304.—(1) The court may, in an action for infringement of a performer’s property right award such damages as, having regard to all the circumstances of the case, it considers just.
damages
infringement
action.
	(2) Without prejudice to any other remedy, where, in an action for infringement of a performer’s property rights, it is shown that at the time of the infringement the defendant did not know and had no reason to believe that the rights subsisted in the recordings to which the action relates, the plaintiff is not entitled to damages against the defendant.
	(3) In exercising its powers under subsection (1) in addition to or as an alternative to compensating the plaintiff for financial loss, the court may award aggravated or exemplary damages or both aggravated and exemplary damages.
Undertakings concerning licences of right.	305.—(1) Where, in proceedings for infringement of a performer’s property rights in respect of which a licence is available as of right, the defendant undertakes to take a licence on such terms as may be agreed or, in default of agreement, settled by the Controller—
	(a) no injunction shall be granted against the defendant,
	(b) no order for delivery up shall be made under section 255 , and
	(c) the amount recoverable against the defendant by way of damages or on an account of profits shall not exceed three times the amount which would have been payable by the defendant as licensee where a licence on those terms had been granted before the earliest infringement.
	(2) An undertaking under subsection (1) may be given at any time before the final order in the proceedings without any admission of liability.
	(3) Nothing in this section shall affect the remedies available in respect of an infringement committed before a licence was available as of right.
	Chapter 15 Rights and Remedies: Exclusive Licensee
Rights and	306.—(1) An exclusive licensee has, except as against the owner of the performer’s property rights, the same rights and remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment.
remedies of
exclusive licensee
licensee.
	(2) The rights and remedies of an exclusive licensee are concurrent with those of the rightsowner and references in sections 255 , 256 , 303 , 304 and 305 to the rightsowner shall be construed accordingly.
	(3) In proceedings brought by an exclusive licensee under this section a defendant may avail of any defence which would have been available to the defendant if the action had been brought by the rightsowner.

Exercise of concurrent rights.	307.—(1) Where an action for infringement of a performer’s property rights brought by the rightsowner or an exclusive licensee relates, whether in whole or in part, to an infringement in respect of which they have concurrent rights of action, the rightsowner or, as the case may be, the exclusive licensee, may not, without the leave of the appropriate court, proceed with the action unless the other is either joined as plaintiff or added as a defendant.
	(2) A rightsowner or exclusive licensee who is added as a defendant under subsection (1) shall not be liable for any costs in an action unless he or she takes part in the proceedings.
	(3) Nothing in this section shall affect the granting of interlocutory relief on an application by the rightsowner or exclusive licensee.
	(4) Where an action for infringement of a performer’s property rights is brought which relates, whether in whole or in part, to an infringement in respect of which the rightsowner and an exclusive licensee have or had concurrent rights of action—
	(a) in assessing damages the appropriate court shall have regard to—
	(i) the terms of the licence, and
	(ii) any pecuniary remedy already awarded or available to either of them in respect of the infringement;
	(b) no account of profits shall be directed where an award of damages has been made, or an account of profits has been directed, in favour of one of them in respect of the infringement; and
	(c) the appropriate court shall, where an account of profits is directed, apportion the profits between them as the appropriate court thinks fit, subject to any agreement between the rightsowner and the exclusive licensee.
	(5) Subsection (4) shall apply whether or not the rightsowner and the exclusive licensee are both parties to the action.
	(6) Before—
	(a) applying for an order for delivery up under section 255 ,
	(b) applying for an order to seize illicit recordings, articles or devices under section 256 , or
	(c) exercising the right to seize and detain conferred by section 257 ,
	the rightsowner shall notify any exclusive licensee having concurrent rights and the appropriate court may, on the application of the licensee, make such order for delivery up, seizure of illicit recordings, articles or devices or, as the case may be, prohibiting or permitting the exercise by the rightsowner of the right to seize and detain, as it thinks fit, having regard to the terms of the licence between the rightsowner and the exclusive licensee.

	Chapter 16 Remedies: Owner of Performers’ Non-Property Rights and Person Having Recording Rights
Infringement actionable as a breach of statutory duty.	308.—(1) An infringement of—
	(a) a performer’s non-property rights, or
	(b) any right conferred by this Part on a person having recording rights,
	is actionable as a breach of statutory duty owed to the person entitled to the right.
	(2) A person may apply to the appropriate court for damages or other relief in respect of an infringement of a right referred to in subsection (1).

	PART IV Performers’ Moral Rights
Paternity right.	309.—(1) Subject to the exceptions specified in section 310 , a performer shall, where practicable, have the right to be identified as the performer of his or her performance.
	(2) Where a performer uses a pseudonym, initials or other form of identification that form shall be used to identify his or her performance.
	(3) The right conferred by this section shall be known and in this Part referred to as the “paternity right”.
Exceptions to paternity right.	310.—(1) The paternity right shall not be infringed by anything done under section 222 , 223 (2), 237 or 238 .
	(2) The paternity right shall not apply in relation to a performance or a recording of a performance made for the purpose of reporting current events.
Integrity right.	311.—(1) Subject to the exceptions specified in section 312 , a performer shall have the right to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, his or her performance or a recording thereof, which would prejudice his or her reputation.
	(2) The right conferred by this section shall be known and in this Part referred to as the “integrity right”.
Exceptions to integrity right.	312.—(1) Subject to subsection (2), the integrity right shall not apply in relation to a performance or a recording of a performance made for the purpose of reporting current events.

	(2) The integrity right is not infringed by anything done for the purposes of—
	(a) avoiding any contravention of civil or criminal law,
	(b) complying with a duty imposed by or under an enactment, or
	(c) 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 offends public morality or which is likely to encourage or incite to crime or to lead to public disorder.
	(3) Subsection (2) shall not apply unless the performer is identified at the time of the act concerned or has previously been identified in or on recordings of the performance 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 performer is then identified, appearing along with the identification, that the recording has been subjected to an action to which the performer has not consented.
Secondary infringement of integrity right: possessing or dealing.	313.—A person infringes the integrity right 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,
	(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 recording of a performance 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 311 .
False attribution of performances.	314.—(1) A person has the right not to have a performance falsely attributed to him or her as performer.
	(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,

	(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 recording of a performance, 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,
	(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 recording of a performance which has been altered as being a recording of the unaltered performance, knowing or having reason to believe that the recording has been altered.
	(4) In this Part, “attribution”, in relation to a performance, means a statement, express or implied, as to who is the performer.
Duration of moral rights.	315.—The rights conferred by this Part shall expire 50 years from the end of the calendar year in which—
	(a) the performance takes place, or
	(b) where within that period a recording of the performance is lawfully made available to the public, that recording is first so lawfully made available to the public.
Duration of moral rights.	315.– (1) The rights conferred by this Part shall expire 50 years after the date of the performance.
	(2) Notwithstanding subsection (1) –
	(a) if a recording of the performance is lawfully made available to the public within the period referred to in subsection (1), the rights shall expire 50 years from the date the recording is first so made available, and
	(b) notwithstanding paragraph (a) but subject to subsection (3), if a sound recording of the performance is lawfully made available to the public within the period referred to in subsection (1), the rights shall expire 70 years from the date the recording is first so made available.
	(3) Subsection (2)(b) applies to a sound recording –
	(a) in regard to which the rights of the performer and the producer would still have been protected on 1 November 2013, had the European Union

	(Term of Protection of Copyright and Certain Related Rights) (Directive 2011/77/EU) Regulations 2013 not come into operation on that date, or
	(b)that is created on or after 1 November 2013.
	(4) The terms provided for in subsections (1) and (2) shall be calculated from the first day of January of the year following the event that gives rise to them.¹⁷⁶
Waiver of rights.	316.—(1) Subject to subsection (3), any of the rights conferred by this Part may be waived.
	(2) A waiver made under this section shall be in writing and signed by the person waiving the right.
	(3) A waiver made under subsection (1)—
	(a) may relate to a specific performance or a recording thereof, to performances or recordings thereof of a specified description or to performances or recordings there of generally, and may relate to existing or future performances or recordings thereof, and
	(b) may be conditional or unconditional, and may be expressed to be subject to revocation,
	and where a waiver is made in favour of the owner or prospective owner of the rights in the performance or recording thereof, or performances or recordings thereof, 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 Part 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 Part for a person to undertake any act where the person entitled to the right conferred by this Part has consented to the use of those rights by that other person.
Performers’ moral rights not assignable or alienable.	317.—The rights conferred by this Part shall be incapable of assignment or alienation.
Transmission of moral rights on death.	318.—(1) On the death of a person entitled to the paternity right or the integrity right—
	(a) the right passes by testamentary disposition to such person as the person entitled to the right may direct,

¹⁷⁶ Amended by the European Union (Term of Protection of Copyright and Related Rights) (Directive 2011/77/EU) Regulations 2013)

	(b) where there is no direction as to whom the right passes but the performer’s property rights in the recording of the performance concerned forms part of an estate, the right passes to the person to whom the performer’s property rights pass, 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 a performer’s property rights forming part of an estate pass 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 rightsowner has the right to authorise or prohibit, or
	(b) to part, but not the whole, of the period for which the performer’s property rights are to subsist,
	any right which passes with the performer’s property rights by virtue of subsection (1) is divided accordingly.
	(3) Where, under subsection (1), a right becomes exercisable by more than one person—
	(a) it may, in the case of the paternity right, be exercised by any of them,
	(b) it is, in the case of the integrity right a right exercisable by each of them, and
	(c) any waiver of the right under section 316 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) An infringement of the right conferred by section 316 in relation to a false attribution of a performance 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.
Remedies for infringement of moral rights.	319.—(1) An infringement of the rights conferred by section 309 , 311 or 314 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 309 , 311 or 314.
	(3) In proceedings for infringement of the right conferred by section 311 , 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 performance or of a recording of the performance.

Performance Rights

COPYRIGHT ACT

Performers’ Rights

Interpretation.

Performers’ rights: general.

Reproduction right of performer.

Making available to public copies of recordings of qualifying performances.

Distribution right of performers.

Rental and lending right of performer.

Right to equitable remuneration for exploitation of sound recording.

Infringement of Performers’ Rights

Consent required for recording or live transmission of performance.

Meaning of illicit recording.

Presumptions.

Presumption relevant to civil proceedings.

Secondary infringement: importing, possessing or dealing with illicit recordings.

Secondary infringement

Recording Rights

Interpretation.

Infringement of recording rights by copying.

Infringement of recording rights by use of illicit recording.

importing, possessing

providing means

Fair dealing with performances, etc.

Incidental use of performances.

Copying of a performance for purpose of instruction, etc.

Playing of sound recording, etc., at an educational establishment.

Recording of broadcast, etc., on behalf of an educational establishment.

Text and data mining for non-commercial research

Text and data mining for non-commercial purposes – exception

Distance learning provided by educational establishment

(b) Libraries and Archives

Regulations relating to copying of recordings by libraries and archives.

Libraries and archives: declarations.

Orphan Works

Parliamentary and judicial proceedings.

Copying of material in public records.

Material open to public inspection or on statutory register.

Acts done under statutory authority.

Transfer of copies of recordings in electronic form.

Use of recordings of spoken words in certain cases.

Temporary acts of reproduction.

Recordings of works of folklore.

Playing or showing sound recordings, broadcasts and cable programmes in certain premises.

Playing of sound recordings for clubs, societies, etc.

Recording for purposes of broadcast or cable programme.

Recording for purposes of supervision and control of broadcasts and cable programmes.

Recording for purposes of time- shifting.

Reception and retransmission of broadcast in cable programme service.

Provision of modified recordings.

Recording for archival purposes.

Power of Controller to consent on behalf of performer.

Delivery Up and Seizure

Order for delivery up.

Application to District Court for seizure of illicit recordings, articles or devices, etc.

Right of rightsowner to seize

Offences: Performances

Offences.

False claims of rights in performances.

Order for delivery up in criminal proceedings.

Search warrants and seizure.

Period after which remedy of delivery up is not available.

Order as to disposal of illicit recording, article or device.

Licensing Schemes: Performers’ Property Rights Licensing

Licensing schemes and licensing bodies.

Reference of proposed licensing scheme to Controller.

Reference of licensing scheme to Controller.

Application for grant of a licence in connection with licensing scheme.

Review of orders made by Controller.

Effect of order of Controller as to licensing scheme.

General references by licensing bodies.

Effect of order of Controller as to licence.

General considerations: unreasonable discrimination.

Registration of Licensing Bodies in Respect of Performers’ Property Rights

Register of licensing bodies for performers’ property rights.

Proof that licensing body may act on behalf of specified classes.

Validity of certificates of registration.

Refusal of application.

Indemnity for Controller.

Obligation of collecting societies to register (performers’ property rights).