Chapter 3

Duration of Copyright

24. —(1) The copyright in a literary, dramatic, musical or artistic work, or an original database shall expire 70 years after the death of the author, irrespective of the date on which the work is first lawfully made available to the public.

(2) The copyright in a work specified in subsection (1) which is anonymous or pseudonymous shall expire 70 years after the date on which the work is first lawfully made available to the public.

(3) In respect of an anonymous or pseudonymous work referred to in subsection (2)—

(a) where the pseudonym adopted by the author leaves no doubt as to his or her identity,

(b) where the author discloses his or her identity, or

(c) where his or her identity becomes known during the 70 years from the date on which the work is first lawfully made available to the public,

the copyright in that work shall expire 70 years after the death of that author.

25. —(1) Subject to subsection (2), the copyright in a film shall expire 70 years after the last of the following persons dies, namely:

(a) the principal director of the film;

(b) the author of the screenplay of the film;

(c) the author of the dialogue of the film;

(d) the author of music specifically composed for use in the film.

(2) Where a film is first lawfully made available to the public during the period of 70 years following the death of the last of the persons specified in subsection (1), the copyright in that film shall expire 70 years after the date of such making available.

(3) Where the copyright in a film has expired, a person who, after such expiration, makes available to the public the film or causes the film to be so made available shall not infringe the copyright in any work included in the film.

26. —The copyright in a sound recording shall expire—

(a) 50 years after the sound recording is made, or

(b) where it is first lawfully made available to the public during the period specified in paragraph (a), 50 years after the date of such making available.

27. —(1) The copyright in a broadcast shall expire 50 years after the broadcast is first lawfully transmitted.

(2) The copyright in a repeat broadcast shall expire at the same time as the copyright in the original broadcast and no copyright shall subsist in a repeat broadcast which is transmitted after the expiration of the copyright in the original broadcast.

28. —(1) The copyright in a cable programme shall expire 50 years after the cable programme is first lawfully included in a cable programme service.

(2) The copyright in a repeat cable programme shall expire at the same time as the copyright in the original cable programme and no copyright shall subsist in a repeat cable programme which is included in a cable programme service after the expiration of the copyright in the original cable programme.

29. —The copyright in a typographical arrangement of a published edition shall expire 50 years after the date on which it is first lawfully made available to the public.

30. —The copyright in a work which is computer-generated shall expire 70 years after the date on which the work is first lawfully made available to the public.

31. —Where a work is lawfully made available to the public in volumes, parts, instalments, issues or episodes and the copyright subsists from the date on which the work is so made available, the copyright shall subsist in respect of each separate item.

32. —(1) Where the identity of the author of an anonymous or pseudonymous work becomes known or is disclosed after the term of copyright provided in section 24 (2) has expired, the term of copyright provided in subsection (1) of that section shall not apply, and copyright in the work shall be deemed to have expired 70 years from the date on which the work was first lawfully made available to the public.

(2) Copyright shall not subsist in an anonymous or pseudonymous literary, dramatic, musical or artistic work, or original database where it is reasonable to presume that the author has been dead for 70 years or more.

(3) Copyright shall not subsist in an anonymous or pseudonymous film where it is reasonable to presume that the last of any of the persons specified in section 25 has been dead for 70 years or more.

(4) In relation to works of joint authorship, the reference in section 24 to the death of the author shall be construed—

(a) where the identity of all of the authors is known, as a reference to the death of the last of the joint authors, or

(b) where the identity of any of the authors is known and the identity of one or more of the others is not, as a reference to the death of the last of the joint authors whose identity is known.

(5) In relation to a work of joint authorship, references to the identity of the author becoming known or being disclosed shall be construed as references to the identity of any of the authors becoming known or being disclosed.

33. —Where the term of copyright in a work is not calculated from the death of the author or authors and the work is not lawfully made available to the public within 70 years of its creation, the copyright in that work shall expire on the expiration of that period of 70 years.

34. —Any person who, after the expiration of the copyright in a work, lawfully makes available to the public for the first time a work which was not previously so made available, shall benefit from rights equivalent to the rights of an author, other than the moral rights, for 25 years from the date on which the work is first lawfully made available to the public.

35. —Where a term of copyright is provided for in this Act, the term shall be calculated from the first day of January of the year following the event that gives rise to that term.

36. —Sections 24 to 35 shall not apply to Government or Oireachtas copyright or to the copyright of prescribed international organisations.