Chapter 2

Rights Management Information

375. —(1) A person who provides rights management information has the same rights and remedies against a person who—

(a) removes or alters rights management information from copies of copyright works, copies of recordings of performances or copies of databases knowing or having reason to believe that the primary purpose or effect of such removal or alteration is to induce, enable, facilitate or conceal an infringement of any right conferred by this Act,

(b) makes available to the public copies of copyright works or copies of recordings of performances or re-utilises copies of databases, referred to in paragraph (a), knowing or having reason to believe that rights management information has been removed or altered from those copies, or

(c)   (i) sells, rents or lends, or offers or exposes for sale, rental or loan,

(ii) imports into the State, or

(iii) in the course of a business, trade or profession, has in his or her possession, custody or control,

copies of copyright works, copies of recordings of performances or copies of databases referred to in paragraph (a), knowing or having reason to believe that rights management information has been removed or altered from those copies,

as a rightsowner has in respect of an infringement of any of his or her rights under this Act.

(2) References in this section to rights management information include information, or any representation thereof—

(a) which identifies a copyright work, recording of a performance or database,

(b) which identifies the author in relation to a copyright work, the performer in relation to a recording of a performance or the maker in respect of a database,

(c) which identifies the owner of any right in a copyright work, recording of a performance or database, or

(d) about the terms and conditions of use of a copyright work, recording of a performance or database,

where any of these items of information, or any representations thereof, are attached to or appear in connection with a copy of a copyright work or a copy of a recording of a performance, which is lawfully made available to the public, or a copy of a database which is lawfully re-utilised.

(3) Sections 145 and 264 shall apply with any necessary modifications in relation to the disposal of anything delivered up or seized by virtue of subsection (1).

376. —(1) A person who—

(a) removes or alters rights management information from copies of copyright works, copies of recordings of performances or copies of databases knowing or having reason to believe that the primary purpose or effect of such removal or alteration is to induce, enable, facilitate or conceal an infringement of any right conferred by this Act,

(b) makes available to the public copies of copyright works or copies of recordings of performances or re-utilises copies of databases, referred to in paragraph (a), knowing or having reason to believe that rights management information has been removed or altered from those copies, or

(c) (i) sells, rents or lends, or offers or exposes for sale, rental or loan,

(ii) imports into the State, or

(iii) in the course of a business, trade or profession, has in his or her possession, custody or control,

copies of copyright works, copies of recordings of performances or copies of databases, referred to in paragraph (a), knowing or having reason to believe that rights management information has been removed or altered from those copies,

shall be guilty of an offence.

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

(a) on summary conviction to a fine not exceeding £1,500 in respect of each copy, 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, or imprisonment for a term not exceeding 5 years, or both.

SCHEDULES TO THE COPYRIGHT AND RELATED RIGHTS ACT, 2000

FIRST SCHEDULE

PART I

Transitional Provisions and Savings: Copyright

PART II

Works made before the first day of July, 1912

PART III

Secondary Infringements

PART IV

Performers' Rights

PART V

Copyright and Performers' Rights

PART VI

Transitional Provisions and Savings: Databases

SECOND SCHEDULE

PART I

PART II

THIRD SCHEDULE