Chapter 19

Government and Oireachtas Copyright

191. —(1) Where a work is made by an officer or employee of the Government or of the State, in the course of his or her duties, the work qualifies for copyright protection notwithstanding the provisions relating to the requirements as to qualification for copyright protection specified in section 182 .

(2) The Government shall be the first owner of the copyright in a work to which subsection (1) applies.

(3) The copyright in a work to which subsection (1) applies shall be known and in this Act referred to as “Government copyright”, notwithstanding that the copyright may be, or may have been, assigned to another person.

(4) Government copyright in a work shall expire 50 years from the end of the calendar year in which the work was made.

(5) In the case of a work of joint authorship where one or more but not all of the authors is a person to whom subsection (1) applies, this section applies in relation to those persons and the copyright subsisting by virtue of their contribution to the work.

(6) Subject to subsections (1) to (5), this Part applies in relation to Government copyright as to other copyright.

(7) Where Oireachtas copyright subsists in a work this section shall not apply.

192. —(1) The copyright in any Bill or enactment vests in the Houses of the Oireachtas.

(2) The copyright provided for in this section subsists from the date of the first lawful making available to the public of the work and shall expire 50 years from the end of the calendar year in which the work was so made available.

193. —(1) Where a work is made by or under the direction or control of either or both of the Houses of the Oireachtas—

(a) the work qualifies for copyright protection notwithstanding the provisions relating to the requirements as to qualification for copyright protection specified in section 182 , and

(b) the House of the Oireachtas by whom, or under whose direction or control, the work is made shall be the first owner of any copyright in the work, and where the work is made by or under the direction or control of both Houses of the Oireachtas, each House shall be joint first owners of the copyright.

(2) The copyright in a work to which this section applies shall be known and in this Act referred to as “Oireachtas copyright”, notwithstanding that the copyright may be, or may have been, assigned to another person.

(3) Oireachtas copyright in a work shall expire 50 years from the end of the calendar year in which the work was made.

(4) For the purposes of this section, works made by or under the direction or control of either or both of the Houses of the Oireachtas include—

(a) any work made by an officer or employee of either House of the Oireachtas in the course of his or her duties, and

(b) any sound recording, film, live broadcast or live cable programme of the proceedings of either House of the Oireachtas.

(5) In the case of a work of joint authorship where one or more but not all of the authors are acting on behalf of, or under the direction or control of either or both of the Houses of the Oireachtas, this section applies in relation to those authors and the copyright subsisting by virtue of their contribution to the work.

(6) Subject to subsections (1) to (5), this Part applies in relation to Oireachtas copyright as to other copyright.

194. —(1) Subject to subsections (2) and (3), a permission to copy or to make available to the public any work, Act of the Oireachtas, Bill or other material protected by Oireachtas copyright under the provisions of this Chapter may be granted to any person.

(2) The conditions upon which any work, Act of the Oireachtas, Bill or other material protected by Oireachtas copyright may be made available under this Chapter shall be those imposed from time to time on such materials by the Ceann Comhairle of Dáil Éireann and the Cathaoirleach of Seanad Éireann or an officer or employee of the Houses of the Oireachtas duly authorised for that purpose by the Ceann Comhairle of Dáil Éireann and the Cathaoirleach of Seanad Éireann.

(3) The conditions upon which any work, Act of the Oireachtas, Bill or other material protected by Oireachtas copyright may be made available under this Chapter shall be laid before each House of the Oireachtas as soon as may be after they have been imposed.

195. —For the purposes of holding, dealing with and enforcing copyright, and in connection with all legal proceedings relating to copyright, each of the Houses of the Oireachtas shall be deemed to have, and to have had, the legal capacities of a body corporate, which is not affected by a dissolution of either or both of the Houses of the Oireachtas.