Section

1.

Short title and commencement.

2.

Interpretation.

3.

Construction of references to rightsowner.

4.

Construction of references to copyright.

5.

Encrypted broadcasts.

6.

Making and protection of broadcasts.

7.

Regulations and orders.

8.

Laying of regulations and orders.

9.

Expenses.

10.

Transitional provisions and repeals.

11.

Prosecution of offences.

12.

Offences by bodies corporate.

13.

Offences by members of partnership.

14.

Service of notices.

15.

Fees.

16.

Jurisdiction of Courts.

17.

Copyright and copyright works.

18.

Copyright in literary, dramatic or musical works and original databases.

19.

Copyright in sound recordings.

20.

Exclusion of copyright in retransmission.

21.

Interpretation of author.

22.

Works of joint authorship.

23.

First ownership of copyright.

24.

Duration of copyright in a literary, dramatic, musical or artistic work or an original database.

25.

Duration of copyright in films.

26.

Duration of copyright in sound recordings.

27.

Duration of copyright in broadcasts.

28.

Duration of copyright in cable programmes.

29.

Duration of copyright in typographical arrangements.

30.

Duration of copyright in computer-generated works.

31.

Duration of copyright in works in volumes, parts, etc.

32.

Miscellaneous matters in relation to duration.

33.

Expiry of copyright.

34.

Making available of a work not previously made available.

35.

Calculation of term of copyright.

36.

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

37.

Acts restricted by copyright in a work.

38.

Playing of sound recordings — licenses of right.

39.

Reproduction right.

40.

Making available right.

41.

Distribution right.

42.

Rental and lending right.

43.

Infringement by adaptation of works.

44.

Interpretation of infringing copy.

45.

Secondary infringement: dealing with infringing copy.

46.

Secondary infringement: providing means for making infringing copies.

47.

Secondary infringement: permitting use of premises for infringing performances.

48.

Secondary infringement: permitting use of apparatus for infringing performances.

49.

Exemptions in respect of copyright works.

50.

Fair dealing: research or private study.

51.

Fair dealing: criticism or review.

52.

Incidental inclusion of copyright material.

53.

Acts done for purposes of instruction or examination.

54.

Anthologies for educational use.

55.

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

56.

Recording by educational establishments of broadcasts and cable programmes.

57.

Reprographic copying by educational establishments of certain works.

58.

Copyright not infringed by lending.

59.

Regulations relating to copying by libraries and archives.

60.

Libraries and archives: declarations.

61.

Copying by librarians or archivists: articles in periodicals.

62.

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

63.

Multiple copying.

64.

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

65.

Copying by librarians or archivists: replacement copies of works.

66.

Copying by librarians or archivists for certain purposes.

67.

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

68.

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

69.

Copying by librarians or archivists: exemptions.

70.

Copying by librarians or archivists: infringing copy.

71.

Parliamentary and judicial proceedings.

72.

Statutory inquiries.

73.

Copying of material in public records.

74.

Material open to public inspection or on statutory register.

75.

Works communicated to Government or Oireachtas.

76.

Acts done under statutory authority.

77.

Savings.

78.

Acts done in reliance on registration of design.

79.

Exception from protection of copyright in certain works.

80.

Back-up copies of computer programs.

81.

Lawful copies of computer programs.

82.

Exceptions to infringement of copyright in computer programs.

83.

Access to or use of original database.

84.

Use of typefaces: printing.

85.

Articles for producing materials in particular typefaces.

86.

Transfer of copies of work in electronic form.

87.

Transient and incidental copies.

88.

Anonymous or pseudonymous works: acts permitted.

89.

Use of notes or recordings of spoken words in certain cases.

90.

Public reading or recitation of works.

91.

Abstracts of scientific or technical articles.

92.

Fixations of performances of works of folklore.

93.

Representation of certain artistic works on public display.

94.

Advertising sale of artistic work.

95.

Making of subsequent works by same artist.

96.

Reconstruction of buildings.

97.

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

98.

Playing of sound recordings for clubs, societies, etc.

99.

Copying for purpose of broadcast or cable programme.

100.

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

101.

Recording for purposes of time-shifting.

102.

Photographs of television broadcasts or cable programmes.

103.

Reception and retransmission of broadcasts in cable programme services.

104.

Provision of modified works.

105.

Recording for archival purposes.

106.

Adaptation of a work.

107.

Paternity right.

108.

Exceptions to paternity right.

109.

Integrity right.

110.

Exceptions to integrity right.

111.

Qualification of integrity right in certain cases.

112.

Secondary infringement of integrity right: possessing or dealing.

113.

False attribution of work.

114.

Right to privacy in photographs and films.

115.

Duration of moral rights.

116.

Waiver of rights.

117.

Application of certain provisions to works of joint authorship and joint ownership.

118.

Moral rights not assignable or alienable.

119.

Transmission of moral rights on death.

120.

Assignment and licences.

121.

Prospective ownership of copyright.

122.

Exclusive licences.

123.

Copyright to pass under will with certain original fixations.

124.

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

125.

Right to equitable remuneration where rental right transferred.

126.

Equitable remuneration: reference of determination of amount to Controller.

127.

Infringement actionable by copyright owner.

128.

Award of damages in infringement action.

129.

Action in respect of construction of building.

130.

Undertakings concerning licences of right.

131.

Order for delivery up.

132.

Application to District Court for seizure of infringing copies, articles or devices.

133.

Right of copyright owner to seize infringing copies, articles or devices, etc.

134.

Rights of owner of copyright in respect of infringing copy.

135.

Rights and remedies of exclusive licensee.

136.

Exercise of concurrent rights.

137.

Remedies for infringement of moral rights.

138.

Action in respect of construction of building.

139.

Presumptions.

140.

Offences.

141.

False claims of copyright.

142.

Order for delivery up in criminal proceedings.

143.

Search warrants and seizure.

144.

Period after which remedy for delivery up is not available.

145.

Order as to disposal of infringing copy, article or device.

146.

Amendment to section 23 of Trade Marks Act, 1996.

147.

Infringing copies, articles or devices may be treated as prohibited goods.

148.

Power of Revenue Commissioners to make regulations.

149.

Licensing schemes and licensing bodies.

150.

General references.

151.

Reference of proposed licensing scheme to Controller.

152.

Reference of licensing scheme to Controller.

153.

Further reference of scheme to Controller.

154.

Application for grant of licence in connection with licensing scheme.

155.

Review of orders made by Controller.

156.

Effect of order of Controller as to licensing scheme.

157.

General references by licensing bodies.

158.

Reference to Controller of proposed licence.

159.

Reference to Controller of expiring licence.

160.

Application for review of order made by Controller.

161.

Effect of order of Controller as to licence.

162.

General considerations: unreasonable discrimination.

163.

Licences for reprographic copying.

164.

Licences to reflect payments in respect of underlying rights.

165.

Licences to reflect conditions imposed by promoters of events.

166.

Licences in respect of works included in retransmissions.

167.

Implied indemnity in certain schemes and licences for reprographic copying.

168.

Power to extend application of scheme or licence.

169.

Variation or discharge of order extending scheme or licence.

170.

Appeals against orders.

171.

Inquiry whether other provisions required.

172.

Statutory licence where recommendation not implemented.

173.

Certification of licensing schemes.

174.

Collective exercise of certain rights in relation to cable retransmissions.

175.

Register of copyright licensing bodies.

176.

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

177.

Notification of charges.

178.

Validity of certificates of registration.

179.

Refusal of application.

180.

Indemnity for Controller.

181.

Obligation of collecting societies to register (copyright).

182.

Qualification for copyright protection: general.

183.

Qualification by reference to author.

184.

Qualification for copyright protection: specific.

185.

Territorial waters and Continental Shelf.

186.

Qualification for copyright in broadcasts and cable programmes.

187.

Prohibition on contravention of certain international obligations.

188.

Extension of this Part by order.

189.

Orders to be made for countries other than convention countries, etc.

190.

Restriction of rights by order.

191.

Government copyright.

192.

Copyright in Acts, etc.

193.

Houses of the Oireachtas: copyright.

194.

Oireachtas copyright.

195.

Houses of the Oireachtas: supplementary provisions with regard to copyright.

196.

Copyright vesting in certain international organisations.

197.

Works of folklore.

198.

Delivery of certain materials to libraries.

199.

Amendment of sections 65 and 66 of the National Cultural Institutions Act, 1997.

200.

Copyright in Irish legal tender notes, euro notes, consolidated bank notes and in Irish and euro coins.

201.

Disposal of books of King's Inns Library, Dublin.

202.

Interpretation.

203.

Performers' rights: general.

204.

Reproduction right of performer.

205.

Making available to public copies of recordings of qualifying performances.

206.

Distribution right of performers.

207.

Rental and lending right of performer.

208.

Right to equitable remuneration for exploitation of sound recording.

209.

Consent required for recording or live transmission of performance.

210.

Meaning of illicit recording.

211.

Presumptions.

212.

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

213.

Secondary infringement: providing means for making illicit recording.

214.

Secondary infringement: permitting use of apparatus for infringing performances.

215.

Interpretation.

216.

Infringement of recording rights by copying.

217.

Infringement of recording rights by use of illicit recording.

218.

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

219.

Secondary infringement: providing means for making illicit recordings.

220.

Exemptions in respect of performance.

221.

Fair dealing with performances, etc.

222.

Incidental use of performances.

223.

Copying of a performance for purpose of instruction, etc.

224.

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

225.

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

226.

Performer's rights not infringed by lending.

227.

Regulations relating to copying of recordings by libraries and archives.

228.

Libraries and archives: declarations.

229.

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

230.

Multiple copying.

231.

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

232.

Copying by librarians or archivists: replacement copies of recordings of performances.

233.

Copying by librarians or archivists for certain purposes.

234.

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

235.

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

236.

Copying by librarians or archivists: illicit recording.

237.

Parliamentary and judicial proceedings.

238.

Statutory inquiries.

239.

Copying of material in public records.

240.

Material open to public inspection or on statutory register.

241.

Acts done under statutory authority.

242.

Transfer of copies of recordings in electronic form.

243.

Use of recordings of spoken words in certain cases.

244.

Transient and incidental copies.

245.

Recordings of works of folklore.

246.

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

247.

Playing of sound recordings for clubs, societies, etc.

248.

Recording for purposes of broadcast or cable programme.

249.

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

250.

Recording for purposes of time-shifting.

251.

Reception and retransmission of broadcast in cable programme service.

252.

Provision of modified recordings.

253.

Recording for archival purposes.

254.

Power of Controller to consent on behalf of performer.

255.

Order for delivery up.

256.

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

257.

Right of rightsowner to seize illicit recordings, articles or devices, etc.

258.

Offences.

259.

False claims of rights in performances.

260.

Order for delivery up in criminal proceedings.

261.

Search warrants and seizure.

262.

False representation of authority to give consent.

263.

Period after which remedy of delivery up is not available.

264.

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

265.

Licensing schemes and licensing bodies.

266.

General references.

267.

Reference of proposed licensing scheme to Controller.

268.

Reference of licensing scheme to Controller.

269.

Further reference of scheme to Controller.

270.

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

271.

Review of orders made by Controller.

272.

Effect of order of Controller as to licensing scheme.

273.

General references by licensing bodies.

274.

Reference to Controller of proposed licence.

275.

Reference to Controller of expiring licence.

276.

Application for review of order made by Controller.

277.

Effect of order of Controller as to licence.

278.

General considerations: unreasonable discrimination.

279.

Licences to reflect payments in respect of underlying rights.

280.

Register of licensing bodies for performers' property rights.

281.

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

282.

Notification of charges.

283.

Validity of certificates of registration.

284.

Refusal of application.

285.

Indemnity for Controller.

286.

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

287.

Definition of qualifying person.

288.

Qualifying performance.

289.

Designation of qualifying countries.

290.

Territorial waters and Continental Shelf.

291.

Duration of rights.

292.

Performers' property rights.

293.

Assignment and licences.

294.

Prospective ownership of performers' property rights.

295.

Exclusive licences.

296.

Performers' property rights to pass under will with certain original recordings.

297.

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

298.

Right to equitable remuneration where rental right is transferred.

299.

Equitable remuneration: reference of determination of amount to Controller.

300.

Performers' non-property rights.

301.

Transmissibility of rights of person having recording rights.

302.

Consent.

303.

Infringement actionable by rightsowner.

304.

Award of damages in infringement action.

305.

Undertakings concerning licences of right.

306.

Rights and remedies of exclusive licensee.

307.

Exercise of concurrent rights.

308.

Infringement actionable as a breach of statutory duty.

309.

Paternity right.

310.

Exceptions to paternity right.

311.

Integrity right.

312.

Exceptions to integrity right.

313.

Secondary infringement of integrity right: possessing or dealing.

314.

False attribution of performances.

315.

Duration of moral rights.

316.

Waiver of rights.

317.

Performers' moral rights not assignable or alienable.

318.

Transmission of moral rights on death.

319.

Remedies for infringement of moral rights.

320.

Interpretation.

321.

Database right.

322.

Maker of database.

323.

First ownership of database right.

324.

Acts restricted by database right.

325.

Term of protection of database right.

326.

Qualification for database right.

327.

Avoidance of certain terms affecting lawful users.

328.

Exemptions in respect of databases.

329.

Fair dealing: research or private study.

330.

Exception for educational establishments.

331.

Parliamentary or judicial proceedings.

332.

Statutory inquiries.

333.

Copying of material in public records.

334.

Material open to public inspection or on statutory register.

335.

Databases communicated to Government or Oireachtas.

336.

Acts done under statutory authority.

337.

Anonymous or pseudonymous databases: acts permitted.

338.

Application of copyright provisions to database right.

339.

Presumptions relevant to database right.

340.

Licensing schemes and licensing bodies.

341.

General references.

342.

Reference of proposed licensing scheme to Controller.

343.

Reference of licensing scheme to Controller.

344.

Further reference of scheme to Controller.

345.

Application for grant of licence in connection with licensing scheme.

346.

Review of orders made by Controller.

347.

Effect of order of Controller as to licensing scheme.

348.

General reference by licensing bodies.

349.

Reference to Controller of proposed licence.

350.

Reference to Controller of expiring licence.

351.

Application for review of order made by Controller.

352.

Effect of order of Controller as to licence.

353.

General considerations: unreasonable discrimination.

354.

Licences to reflect payments in respect of underlying rights.

355.

Register of licensing bodies for database right.

356.

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

357.

Notification of charges.

358.

Validity of certificates of registration.

359.

Refusal of application.

360.

Indemnity for Controller.

361.

Obligation of collecting societies to register (database rights).

362.

Jurisdiction of Controller.

363.

Rules in relation to proceedings before Controller.

364.

Power of Controller to award costs.

365.

Appointment of assessors.

366.

Appeal to the High Court.

367.

References of dispute to arbitrator.

368.

Controller may consult Attorney General.

369.

Definition of dispute for the purposes of this Chapter.

370.

Devices designed to circumvent protection.

371.

Offence of unlawful reception.

372.

Rights in respect of apparatus, etc., for unauthorised reception of transmissions.

373.

Denial of protection.

374.

Non-interference of rights protection measures with permitted acts.

375.

Rights and remedies in respect of unlawful acts which interfere with rights management information.

376.

Removal or interference with rights management information.

Acts Referred to

Arbitration Act, 1954

1954, No. 26

Coinage Act, 1926

1926, No. 14

Coinage Act, 1950

1950, No. 32

Companies Acts, 1963 to 1999

Continental Shelf Act, 1968

1968, No. 14

Copyright Act, 1801

41 Geo.3 c.107

Copyright Act, 1836

6 & 7 Will.4 c.110

Copyright Act, 1911

1911, c.46

Copyright Act, 1963

1963, No. 10

Copyright (Amendment) Act, 1987

1987, No. 24

Currency Act, 1927

1927, No. 32

Decimal Currency Acts, 1969 to 1990

Dublin City University Act, 1989

1989, No. 15

Economic and Monetary Union Act, 1998

1998, No. 38

Industrial and Commercial Property (Protection) Act, 1927

1927, No. 16

Intellectual Property (Miscellaneous Provisions) Act, 1998

1998, No. 28

King's Inns Library Act, 1945

1945, No. 22

Local Government Act, 1994

1994, No. 8

Maritime Jurisdiction Act, 1959

1959, No. 22

National Cultural Institutions Act, 1997

1997, No. 11

Performers' Protection Act, 1968

1968, No. 19

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict. c. 9

Public Offices Fees Act, 1879

1879, c. 58

Radio and Television Act, 1988

1988, No. 20

Statute of Limitations, 1957

1957, No. 6

Statutes of Limitations, 1957 and 1991

Trade Marks Act, 1996

1996, No. 6

Universities Act, 1997

1997, No. 24

University of Limerick Act, 1989

1989, No. 14