\n<\/td>\n | Chapter 22<\/p>\n <\/p>\n Deposit of Certain Copyright Materials<\/em><\/h4>\n<\/td>\n<\/tr>\n\n<\/td>\n | 198.<\/strong>\u2014(1) The publisher of any book first published in the State after the commencement of this section or, in the case of the authority specified in paragraph (a)<\/em>, the publisher of any book published in the State, shall, within one month after the publication, deliver, at his or her own expense, a copy of the book to each of the following\u2014<\/td>\n<\/tr>\n\n<\/td>\n | (a<\/em>) the authority having control of the National Library of Ireland,<\/td>\n<\/tr>\n\n<\/td>\n | (b<\/em>) the authority having control of the library of Trinity College, Dublin,<\/td>\n<\/tr>\n\n\nDelivery of certain materials to libraries.<\/h4>\n<\/td>\n(c<\/em>) the authority having control of the library of the University of Limerick,<\/td>\n<\/tr>\n\n<\/td>\n | (d<\/em>) the authority having control of the library of Dublin City University, and<\/td>\n<\/tr>\n\n<\/td>\n | (e<\/em>) the Board of the British Library,<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n <\/p>\n \n\n\nand four copies of the book for or in accordance with the directions of the authority having control of the National University of Ireland for use in the four constituent universities of that University.<\/td>\n<\/tr>\n | \n(2) Boards and authorities taking delivery of books under subsection (1) <\/em>shall give a written receipt for every book delivered to them under that subsection.<\/td>\n<\/tr>\n\n(3) The Minister may, on an application of a Board or authority referred to in subsection (1)<\/em>, make regulations exempting from subsection<\/em><\/p>\n (1) <\/em>in respect of the Board or authority making the application, publications wholly or mainly in the nature of trade advertisements, or any class of work as may be specified in those regulations, and it shall not be necessary for the publisher of any publication so excepted to deliver the publication to that Board or authority or for such Board or authority to give a receipt unless as respects any particular publication a written demand for the delivery of that work is made by the Board or authority concerned.<\/td>\n<\/tr>\n\n(4) The Boards or authorities referred to in subsection (1) <\/em>may before<\/span> delivery of a book is made under subsection (1)<\/em>, request that a book be<\/span> delivered in a particular form, being one of the forms in which the book is<\/span> published and the publisher shall deliver it in the form requested.<\/span><\/td>\n<\/tr>\n\n(4) Where, on or after the commencement of section 29 <\/em>of the Copyright and Other Intellectual Property Law Provisions Act 2019<\/em>, subsection (1) applies to the publisher of a book referred to in that subsection, a Board or authority referred to in that subsection may, by notice in writing given to the publisher, request that the copy or copies of the book that the Board or authority is entitled to have delivered to it under that subsection be delivered to it in physical form or electronic form, or both, and the publisher shall comply with that request unless the publisher has already given the copy or copies in the form or forms requested before the publisher received that notice.<\/td>\n<\/tr>\n\n(4A) (a) Where, on or after the commencement of section 29 <\/em>of the Copyright and Other Intellectual Property Law Provisions Act 2019<\/em>, a digital publication is first published in the State by a publisher, a Board or authority referred to in subsection (1) may, by notice in writing given to the publisher, request that the publisher comply with that subsection, in so far as that subsection relates to the Board or authority making the request, as if the digital publication were a book referred to in that subsection and the publisher shall comply with that request and subsection (2) shall be construed accordingly.<\/td>\n<\/tr>\n\n(b) In paragraph (a), \u2018digital publication\u2019 means any publication published online or offline which is made available to the public in a medium other than print (including any publication in any digital or electronic or<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n <\/p>\n \n\n\nother technological form, but does not include any sound recording or film or any combination thereof).127<\/sup><\/td>\n<\/tr>\n\n(5) The publisher of any book first published in the State after the commencement of this section shall, where a demand is made in writing by the authority having control of each of the following libraries\u2014<\/td>\n<\/tr>\n | \n(a<\/em>) the Bodleian Library, Oxford,<\/td>\n<\/tr>\n\n(b<\/em>) the University Library, Cambridge,<\/td>\n<\/tr>\n\n(c<\/em>) the National Library of Scotland, and<\/td>\n<\/tr>\n\n(d<\/em>) the National Library of Wales,<\/td>\n<\/tr>\n\nbefore the expiration of 12 months after the book is published, deliver within one month after receipt of that written demand or, where the demand was so made before the book was published, within one month after publication, to an address in Dublin named in the demand a copy of that book for, or in accordance with the directions of, that authority.<\/td>\n<\/tr>\n | \n(6) In the case of an encyclopaedia, newspaper, review, magazine or work published in a series of numbers or parts, the written demand referred to in subsection (5) <\/em>may include all numbers or parts of the work which may subsequently be published.<\/td>\n<\/tr>\n\n(7) A copy of a book delivered to the authority having control of the National Library of Ireland or the Board of the British Library pursuant to this section shall be a copy of the whole book with all maps and illustrations belonging to that book and, subject to subsection (4)<\/em>, finished in the same manner as the copy in that form which is superior in quality to any other copy in that form of the book available.<\/td>\n<\/tr>\n\n(8) A copy of a book delivered to any of the authorities referred to in this section, other than those referred to in subsection (7)<\/em>, pursuant to this section, shall be in the form specified by the Board or authority, which shall be one of the forms in which the book has been published, and shall be in like condition as that form of the book.<\/td>\n<\/tr>\n\n(9) Where a publisher fails to comply with this section he or she shall be guilty of an offence and shall be liable on summary conviction to a fine not<\/span> exceeding \u00a3500<\/span> class D fine128<\/sup> and in addition the person shall be liable to be ordered to comply with this section.<\/td>\n<\/tr>\n\n(10) For the purposes of this section, \u201cbook\u201d includes every part or division of a book, pamphlet, sheet of letterpress, sheet of music, map, plan, chart or table separately published, but shall not include any second or subsequent edition of a book unless such edition contains additions or<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n <\/p>\n \n\n\n<\/td>\n<\/tr>\n | \n<\/td>\n | <\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n 127<\/sup> Amended by the Copyright and Other Intellectual Property Provisions Act 2019<\/p>\n128<\/sup> Amended by the Copyright and Other Intellectual Property Provisions Act 2019<\/p>\n <\/p>\n \n\n\n<\/td>\n | alterations either in the letterpress or in the maps, plans, prints or other engravings belonging thereto.<\/td>\n<\/tr>\n | \n<\/td>\n | (11) Where a copy of a book requested under subsection (1) <\/em>is delivered in a form other than an electronic form, the Board or other authorities referred to in subsection (1) <\/em>may request, in addition to that copy, a copy in an electronic form readable by means of an electronic retrieval system and on such request being made a copy in electronic form shall be delivered by the publisher to the Board or authority concerned.<\/td>\n<\/tr>\n\n<\/td>\n | (12) For the purposes of this section, \u201cpublication\u201d, in relation to a book\u2014<\/td>\n<\/tr>\n | \n<\/td>\n | (a<\/em>) means the issue of copies to the public, and<\/td>\n<\/tr>\n\n<\/td>\n | (b<\/em>) includes its making available to the public by means of an electronic retrieval system,<\/td>\n<\/tr>\n\n<\/td>\n | and related expressions shall be construed accordingly.<\/td>\n<\/tr>\n | \n<\/td>\n | Chapter 23<\/p>\n <\/p>\n Amendment of National Cultural Institutions Act, 1997, and Miscellaneous Repeals<\/em><\/td>\n<\/tr>\n\n<\/td>\n | 199.<\/strong>\u2014 Sections 65 and 66 of the National Cultural Institutions Act, 1997 , are hereby amended by the substitution of the following sections therefor:<\/td>\n<\/tr>\n\n<\/td>\n | \u201c65.\u2014(1) Subject to the provisions of this section, the publisher of any material to which this section applies shall, within one month or such longer period as the authority having control of the National Library of Ireland may allow after its publication, deliver at his or her own expense, a copy of the material to that authority and the authority shall give a written receipt to the publisher for any and all such material delivered to them.<\/td>\n<\/tr>\n | \n<\/td>\n | (2) The publisher of material to which this section applies that relates wholly or mainly to Ireland shall, if a written demand for any such material is made by the authority referred to in subsection (1) <\/em>not later than 12 months after its publication, deliver a copy of the material to that authority within one month after receipt of the demand or, if the demand was made before its publication, within one month or such longer period as the authority may in any particular<\/p>\n case allow after its publication.<\/td>\n<\/tr>\n \n\nAmendment of sections 65 and 66 of the National Cultural Institutions Act, 1997.<\/h4>\n<\/td>\n(3) The Minister, following consultation with the Minister for Enterprise, Trade and Employment, may make such regulations as he or she considers appropriate in relation to the quality and format of material to which this section applies in cases where the copies of such material are not of uniform quality or can be published in different formats.<\/td>\n<\/tr>\n | \n<\/td>\n | (4) Where a publisher fails to comply with this section, he or she shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding \u00a3500 and to pay such sum not exceeding the value of the material<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n <\/p>\n \n\n\nas the court may decide which shall be paid to the trustees or authority to whom the material should have been delivered.<\/td>\n<\/tr>\n | \n(5) In this section:<\/td>\n<\/tr>\n | \n\u2018material to which this section applies\u2019 means material that is of such class as may be specified in regulations made by the Minister, following consultation with the Minister for Enterprise, Trade and Employment, and in this definition, \u2018material\u2019 includes any engraving, photograph, text of a play, cinematograph film, microfilm, video recording, sound recording, record, diskette, magnetic tape, compact disc, or other thing on or in which works or information or the representations thereof is written, recorded, stored or reproduced but does not include local records or local archives within the meaning, in each case, of section 65 of the Local Government Act, 1994 , or books within the meaning of section 198 <\/em>of the Copyright and Related Rights Act, 2000<\/em>;<\/td>\n<\/tr>\n\n\u2018publisher\u2019, for the purposes of this section, means a person who issues to the public, or makes available to the public by means of an electronic retrieval system, material to which this section applies;<\/td>\n<\/tr>\n | \n\u2018work\u2019, for the purposes of this section, has the meaning assigned to it by<\/p>\n section 2 <\/em>of the Copyright and Related Rights Act, 2000<\/em>.<\/td>\n<\/tr>\n\n(6) This section shall apply only to material concerned substantially or primarily with Ireland. In cases of doubt, the certification of the Minister to the effect that material is concerned substantially or primarily with Ireland shall satisfy the requirements of this subsection.<\/td>\n<\/tr>\n | \n(7) The Minister, following consultation with the Minister for Enterprise, Trade and Employment, may by order apply this section, with such modifications and adaptations as he or she considers necessary, to one or more of the institutions or bodies referred to in section 198 <\/em>of the Copyright and Related Rights Act, 2000<\/em>.<\/td>\n<\/tr>\n\n(8) Section 6 of the Dublin City University Act, 1989 , and section 7 of the University of Limerick Act, 1989 , are hereby repealed.\u201d.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n <\/p>\n <\/p>\n \n\n\n\nLibraries and Archives<\/em><\/h4>\n<\/td>\n<\/tr>\n\n59.<\/strong>\u2014(1) The Minister may make regulations for the purposes of this section and those regulations may make different provisions for different descriptions of libraries or archives and for different purposes.<\/td>\n<\/tr>\n\n(2) Without prejudice to the generality of subsection (1)<\/em>, the Minister may prescribe the libraries and archives to which sections 60 <\/span><\/em>to 67<\/em><\/span> sections 60 to 6766<\/sup> <\/em>apply and may prescribe all or any of the following:<\/td>\n<\/tr>\n\n(a<\/em>) the conditions that are to be complied with when a librarian or archivist of a prescribed library or prescribed archive makes and supplies, or causes to be made and supplied,67<\/sup> a copy of any part of a work which has been lawfully made available to the public to a person requiring a copy;<\/td>\n<\/tr>\n\n(b<\/em>) the conditions that are to be complied with when a librarian or archivist of a prescribed library or prescribed archive makes and supplies, or causes to be made and supplied,68<\/sup> to another prescribed library or prescribed archive a copy of a work or part of a work which has been lawfully made available to the public and is required by that other prescribed library or prescribed archive;<\/td>\n<\/tr>\n\n( | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |