Chapter 6

Acts Permitted in Relation to Works Protected by Copyright

49. —In this Part, an act may be exempted under more than one category of exemption and the exemption of an act under one category of exemption shall not preclude its exemption under another category.

50. —(1) Fair dealing with a literary, dramatic, musical or artistic work, sound recording, film, broadcast, cable programme, or non-electronic original database, for the purposes of research or private study, shall not infringe any copyright in the work.

(2) Fair dealing with a typographical arrangement of a published edition for the purposes of research or private study shall not infringe any copyright in the arrangement.

(3) The copying by a person, other than the researcher or private student, is not fair dealing where—

(a) in the case of a librarian or archivist, he or she does anything which is not permitted under section 63 , or

(b) in any other case, the person copying knows or has reason to believe that the copying will result in copies of substantially the same material being provided to more than one person at approximately the same time and for substantially the same purpose.

(4) In this Part, “fair dealing” means the making use of a literary, dramatic, musical or artistic work, film, sound recording, broadcast, cable programme, non-electronic original database or typographical arrangement of a published edition which has already been lawfully made available to the public, for a purpose and to an extent which will not unreasonably prejudice the interests of the owner of the copyright.

(5) In this Part, the following acts are not fair dealing—

(a) converting a computer program expressed in a low level computer language into a version expressed in a higher level computer language, or

(b) copying a computer program in an incidental manner in the course of converting that program.

51. —(1) Fair dealing with a work for the purposes of criticism or review of that or another work or of a performance of a work shall not infringe any copyright in the work where the criticism or review is accompanied by a sufficient acknowledgement.

(2) Fair dealing with a work (other than a photograph) for the purpose of reporting current events shall not infringe copyright in that work, where the report is accompanied by a sufficient acknowledgement.

(3) In this Part, “sufficient acknowledgement” means an acknowledgement identifying the work concerned by its title or other description and identifying the author unless—

(a) in the case of a work which has been lawfully made available to the public, it was so made available anonymously, or

(b) in the case of a work which has not been made available to the public, it is not possible for a person without previous knowledge of the facts to ascertain the identity of the author of the work by reasonable enquiry.

52. —(1) The copyright in a work is not infringed by its inclusion in an incidental manner in another work.

(2) The copyright in a work is not infringed by the making available to the public of copies of anything the making of which was not, by virtue of subsection (1), an infringement of the copyright.

(3) A work shall not be regarded as included in an incidental manner in another work where it is included in a manner where the interests of the owner of the copyright are unreasonably prejudiced.

(4) The copyright in a work which has been lawfully made available to the public is not infringed by the use of quotations or extracts from the work, where such use does not prejudice the interests of the owner of the copyright in that work and such use is accompanied by a sufficient acknowledgement.

Education

53. —(1) Subject to subsection (2), the copyright in a literary, dramatic, musical or artistic work or the typographical arrangement of a published edition is not infringed by its being copied in the course of instruction or of preparation for instruction.

(2) Subsection (1) shall not apply unless—

(a) the copying is done by or on behalf of a person giving or receiving instruction,

(b) the copying is not by means of a reprographic process, and

(c) the copy is accompanied by a sufficient acknowledgement.

(3) Subject to subsection (4), the copyright in a sound recording, film, broadcast, cable programme or an original database is not infringed by its being copied in the course of instruction or of preparation for instruction.

(4) Subsection (3) shall not apply unless—

(a) the copying is done by or on behalf of a person giving or receiving instruction,

(b) the copying results in only a single copy being made, and

(c) the copy is accompanied by a sufficient acknowledgement.

(5) Subject to subsection (6), the copyright in a work is not infringed by anything done for the purposes of an examination by way of setting questions, communicating questions to the candidates or answering questions.

(6) Subsection (5) shall not apply to the making of a reprographic copy of a musical work for use by an examination candidate in performing the work.

(7) Where a copy that would otherwise be an infringing copy is made under this section but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.

54. —(1) Subject to subsection (2), the inclusion of a short passage from a literary, dramatic or musical work, original database or typographical arrangement of a published edition which has been lawfully made available to the public in a collection that—

(a) is intended for use—

(i) in educational establishments and is so described in its title, or

(ii) in any advertisements issued by or on behalf of the publisher,

and

(b) consists mainly of material in which no copyright subsists,

shall not infringe the copyright in the work where the work itself is not intended for use in those establishments and the inclusion is accompanied by a sufficient acknowledgement.

(2) Subsection (1) shall not authorise the inclusion of more than 2 excerpts from works by the same author in collections which have been lawfully made available to the public by the same publisher within a period of 5 years.

(3) In relation to any given passage the reference in subsection (2) to excerpts from works of the same author—

(a) includes excerpts from works by him or her in collaboration with another author, and

(b) where the passage concerned is from such a work, includes excerpts from works by any of the authors, whether alone or in collaboration with another author.

(4) References in this section to the use of a work in an educational establishment shall be construed as references to any use of that work for the educational purposes of that establishment.

55. —(1) The performance of a literary, dramatic or musical work before an audience limited to persons who are teachers in or pupils in attendance at an educational establishment or other persons directly connected with the activities of that establishment—

(a) by a teacher or pupil in the course of the activities of the establishment concerned, or

(b) at the establishment by any person for the purposes of instruction,

is not a public performance for the purposes of infringement of copyright.

(2) The playing or showing of a sound recording, film, broadcast or cable programme at an educational establishment before an audience referred to in subsection (1) for the purposes of instruction is not a playing or showing of the work in public for the purposes of infringement of copyright.

(3) For the purposes of this section, a person is not directly connected with the activities of an educational establishment by reason only that he or she is a parent or guardian of a pupil in attendance at the educational establishment concerned.

(4) The Minister may specify by order establishments (other than schools) to be educational establishments for the purposes of this Act.

56. —(1) A fixation of a broadcast or a cable programme, or a copy of such a fixation, may be made by or on behalf of an educational establishment for the educational purposes of that establishment without infringing the copyright in the broadcast or cable programme, or in any work included in the broadcast or cable programme.

(2) This section shall not apply where there is a licensing scheme certified under section 173 and the person making the copies knew or ought to have been aware of the existence of the licensing scheme.

(3) Where a copy which would otherwise be an infringing copy is made under this section but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.

57. —(1) Reprographic copies of passages from literary, dramatic or musical works or typographical arrangements of published editions or original databases which have been lawfully made available to the public may, to the extent permitted under this section, be made by or on behalf of an educational establishment for the educational purposes of that establishment without infringing any copyright in the work, subject to those copies being accompanied by a sufficient acknowledgement.

(2) Not more than 5 per cent of any work may be copied by or on behalf of an educational establishment under this section in any calendar year.

(3) This section shall not apply where there is a licensing scheme certified under section 173 and the person making the copies knew or ought to have been aware of the existence of the licensing scheme.

(4) The terms of a licence granted to an educational establishment authorising the reprographic copying for the educational purposes of that establishment of passages from literary, dramatic or musical works or the typographical arrangements of published editions or original databases, which have been lawfully made available to the public, shall be void in so far as they purport to restrict the proportion of a work which may be copied (whether on payment or free of charge) to less than that which would be permitted under this section.

(5) Where a copy which would otherwise be an infringing copy is made under this section but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.

58. —(1) Subject to subsection (2), educational establishments and establishments to which members of the public have access shall be exempt from the payment of remuneration under section 40 (1)(g) and shall not infringe the copyright in a work by the lending of copies of the work.

(2) The Minister shall prescribe the educational establishments and the establishments to which members of the public have access for the purposes of subsection (1).

Libraries and Archives

59. —(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.

(2) Without prejudice to the generality of subsection (1), the Minister may prescribe the libraries and archives to which sections 60 to 67 apply and may prescribe all or any of the following:

(a) the conditions that are to be complied with when a librarian or archivist of a prescribed library or prescribed archive makes and supplies a copy of any part of a work which has been lawfully made available to the public to a person requiring a copy;

(b) the conditions that are to be complied with when a librarian or archivist of a prescribed library or prescribed archive makes and supplies 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;

(c) the conditions that are to be complied with before a librarian or archivist of a prescribed library or prescribed archive makes a copy of a work in the permanent collection of the prescribed library or prescribed archive in order to preserve or replace that work in the permanent collection of that library or archive, or in the permanent collection of another prescribed library or prescribed archive;

(d) the conditions that are to be complied with by a librarian or archivist of a prescribed library or prescribed archive when making or supplying a copy of the whole or part of certain works which have not been lawfully made available to the public from a work in the prescribed library or prescribed archive to a person requiring the copy.

60. —(1) Where regulations made by the Minister under section 59 require a librarian or archivist to be satisfied as to any matter before making or supplying a copy of a work—

(a) the librarian or archivist concerned may rely on a declaration as to that matter by the person requesting the copy, unless the librarian or archivist is aware that it is false in a material particular, and

(b) in such cases as may be prescribed, the librarian or archivist shall not make or supply the copy in the absence of a declaration in such form as may be prescribed.

(2) Where a person requesting a copy of a work makes a declaration which is false in a material particular and is supplied with a copy which would have been an infringing copy if made by him or her—

(a) he or she shall be liable for infringement of copyright as if he or she had made the copy, and

(b) the copy shall be treated as an infringing copy.

61. —(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make and supply a copy of an article or the contents page in a periodical without infringing any copyright in the article, the contents page or in any illustrations accompanying the article or the contents page or in the typographical arrangement.

(2) A copy made under subsection (1) shall not be supplied other than to a person who satisfies the librarian or archivist that he or she requires that copy for the purposes of research or private study and he or she shall not use it for any other purpose and that person shall not be furnished with more than one copy of the same article unless the person satisfies the librarian or archivist that the previous copy has been lost, stolen, discarded or destroyed or a reasonable period of time has elapsed, and that person shall not be furnished with more articles from a volume of a periodical than the number of issues that comprise that volume or 10 per cent of the volume, whichever is the greater.

(3) In this section, “article” includes an item of any description in a periodical with the exception of the table of contents.

62. —(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make and supply a copy of part of a work (other than an article or the contents page in a periodical) which has been lawfully made available to the public without infringing any copyright in the work, in any illustrations accompanying the work or in the typographical arrangement.

(2) A copy made under subsection (1) shall not be supplied other than to a person who satisfies the librarian or archivist that he or she requires that copy for the purposes of research or private study and he or she shall not use it for any other purpose and that person shall not be furnished with more than one copy of the same material unless the person satisfies the librarian or archivist that the previous copy has been lost, stolen, discarded or destroyed or a reasonable period of time has elapsed, and that person shall not be furnished with a copy of more than a reasonable proportion of any work.

63. —(1) A copy of a work shall not be supplied under section 61 or 62 to more than 3 persons whose requirements are related to any similar requirement of any other person.

(2) For the purposes of subsection (1)—

(a) the requirements of persons shall be deemed to be similar where the requirements are for copies of substantially the same material at approximately the same time and for substantially the same purpose, and

(b) the requirements of persons shall be deemed to be related where those persons receive instructions to which the material is relevant at the same time and place.

64. —(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make and supply to another prescribed library or prescribed archive a copy of—

(a) a periodical or articles or the contents page contained therein, or

(b) the whole or part of a work,

which has been lawfully made available to the public, without infringing any copyright in the periodical, in the article, in the contents page or in the work, in any illustrations accompanying the periodical, the article, the contents page or the work or in the typographical arrangement.

(2) Subsection (1) shall not apply where, at the time the copy is made, the librarian or archivist making it could, by reasonable enquiry, obtain the consent of a person entitled to authorise the making of the copy.

65. —(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make a copy of a work in the permanent collection of the library or archive in order—

(a) to preserve or replace that work by placing the copy in the permanent collection of that library or archive in addition to or in place of that work, or

(b) to replace in the permanent collection of another prescribed library or prescribed archive a work which has been lost, destroyed or damaged,

without infringing the copyright in the work, in any illustrations accompanying the work or in the typographical arrangement.

(2) This section shall only apply where it is not reasonably practicable to purchase a copy of the work concerned for the purposes of subsection (1).

66. —(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make a copy of a work in the permanent collection of the library or archive—

(a) for the purposes of obtaining insurance cover for the works concerned;

(b) for purposes of security;

(c) for the purposes of compiling or preparing a catalogue;

(d) for exhibition in the library or archive; or

(e) for the purposes of informing the public of an exhibition,

without infringing any copyright in the work, in any illustrations accompanying the work, or in the typographical arrangement.

(2) This section shall apply to copying conducted for the curatorial purposes specified in subsection (1), and to an extent reasonably justified by the non-commercial purpose to be achieved.

67. —(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make and supply a copy of a work or part of a work which has not been lawfully made available to the public from any work in the permanent collection of the library or archive without infringing the copyright in the work or in any illustrations accompanying the work or in the typographical arrangement.

(2) This section shall not apply where the copyright owner has prohibited copying of the work and at the time the copy is made the librarian or archivist making the copy knew, or ought to have been aware of, that fact.

(3) A copy made under subsection (1) shall not be supplied other than to a person who satisfies the librarian or archivist that he or she requires that copy for the purposes of research or private study and he or she will not use it for any other purpose and that person shall not be furnished with more than one copy of that work or part of that work.

68. —Where a work of cultural or historical importance or interest may not lawfully be exported from the State unless a copy of it is made and deposited in a library, archive or other institution designated by the Minister for Arts, Heritage, Gaeltacht and the Islands under section 50 of the National Cultural Institutions Act, 1997 , it shall not be an infringement of copyright to make that copy.

69. —The librarian or archivist of a library or archive prescribed by the Minister for the purpose of lending shall be exempt from the payment of remuneration under section 40 (1)(g) and shall not infringe the copyright in a work by the lending of copies of that work. A librarian, archivist, person or establishment shall be exempt from the payment of remuneration under section 40 (1)(g) and shall not infringe the copyright in a work by the lending of a copy of that work to a library or archive prescribed by the Minister for the purpose of receiving such loans.

70. —Where a copy which would otherwise be an infringing copy is made under section 61 , 62, 64, 65, 67 or 68 but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.

Public Administration

71. —(1) The copyright in a work is not infringed by anything done for the purposes of parliamentary or judicial proceedings or for the purpose of reporting those proceedings.

(2) Subsection (1) shall not be construed as authorising the copying of a work which is itself a report of the proceedings which has been lawfully made available to the public.

72. —(1) The copyright in a work is not infringed by anything done for the purposes of a statutory inquiry or for the purpose of reporting any such inquiry.

(2) Subsection (1) shall not be construed as authorising the copying of a work which is itself a report of the proceedings which has been lawfully made available to the public.

(3) The copyright in a work is not infringed by the making available to the public of copies of a report of a statutory inquiry containing the work or materials from the report.

73. —Any material which is comprised in records which are open to public inspection may be copied, and a copy may be supplied to any person, without infringement of copyright.

74. —(1) Without prejudice to the generality of section 73 , where material is open to public inspection pursuant to a statutory requirement, or is on a statutory register, the copyright in the material is not infringed by the copying, for a purpose which does not involve the making available to the public of copies, of so much of the material as contains factual information of any description, by or with the authority of the person required to make the material open to public inspection or, as the case may be, the person maintaining the register.

(2) Where material is open to public inspection pursuant to a statutory requirement, or is on a statutory register, the copyright in the material is not infringed by the copying or making available to the public of copies of that material, for the purpose of enabling the material to be inspected at another time or place, or otherwise facilitating the exercise of any right for the purpose of which the requirement is imposed, by or with the authority of the person required to make the material open to public inspection or, as the case may be, he person maintaining the register.

(3) Where material is made available to the public under this section the person granting access to the material shall ensure that it bears a mark clearly indicating that it is provided for the purpose of inspection and that no other use of the material may be made without the licence of the copyright owner.

(4) Material may not be provided under this section unless the person granting access to the material has obtained from the person requesting the material a declaration, in such form as may be prescribed, indicating that the material is required for the sole purpose of enabling the material to be inspected at another time or place or to otherwise facilitate the exercise of the right of public inspection.

(5) Where material which is open to public inspection pursuant to a statutory requirement, or is on a statutory register, contains information about matters of general, scientific, technical, commercial or economic interest, the copyright in the material is not infringed by the copying or making available to the public of copies of that material for the purpose of disseminating that information, by or with the authority of the person required to make the material open to public inspection or, as the case may be, the person maintaining the register.

(6) The Minister may prescribe the conditions which are to be complied with before material is made available to the public under this section.

(7) The Minister may by order provide that subsections (1) to (5) apply—

(a) to material made open to public inspection by—

(i) an international organisation specified in the order, or

(ii) a person specified in the order who has functions in the State under an international agreement to which the State is a party,

or

(b) to a register maintained by an international organisation specified in the order,

as they apply in relation to material that is open to public inspection pursuant to a statutory requirement, or on a statutory register.

75. —(1) Where a work has been communicated to the Government or either or both of the Houses of the Oireachtas for any purpose, by or with the licence of the copyright owner, and any fixation of the work or any thing containing the work is owned by, or is in the possession, custody or control of, the Government or either or both of the Houses of the Oireachtas, the Government or either or both of the Houses of the Oireachtas may copy the work, make available to the public copies of the work, or cause the work to be copied or made available to the public for the purpose for which the work was communicated to them, or for any related purpose which could reasonably have been anticipated by the copyright owner, without infringing the copyright in the work.

(2) The Government or either or both of the Houses of the Oireachtas shall not make available to the public copies of a work referred to in subsection (1) or cause the work to be copied or made available, under this section, where the work has previously been lawfully made available to the public otherwise than under this section.

76. —(1) Where the undertaking of a particular act is specifically authorised by an enactment then, unless the enactment provides otherwise, the undertaking of that act shall not infringe the copyright in a work.

(2) Nothing in this section shall be construed as excluding any defence available under any enactment.

77. —(1) Nothing in this Act shall affect any right or privilege of the Government subsisting otherwise than by virtue of an enactment, and nothing in this Act shall affect any right or privilege of the Government or of any other person under any enactment, except in so far as that enactment is expressly repealed, amended or modified by this Act.

(2) Nothing in this Act shall affect the right of the Government or of any person deriving title from the Government to sell, use or otherwise deal with articles forfeited under the laws relating to customs or excise, including any article so forfeited by virtue of this Act or of any enactment repealed by this Act.

(3) Nothing in this Act shall affect the operation of any rule of equity relating to breaches of trust or confidence.

(4) Subject to subsections (1) to (3), no copyright or right in the nature of copyright, shall subsist otherwise than by virtue of this Act or of some other enactment in that behalf.

Designs

78. —(1) The copyright in a work is not infringed by anything done—

(a) pursuant to an assignment or licence made or granted by a person registered under the Act of 1927 as the proprietor of a corresponding design, and

(b) in good faith and in reliance on such registration and without notice of any proceedings for the cancellation of the registration or for rectifying the relevant entry in the register of designs.

(2) In subsection (1) “corresponding design”, in relation to a work, means a design within the meaning of the Act of 1927 which, if applied to an article, would produce anything which would be treated for the purposes of this Part as a copy of the work.

79. —(1) The making of an object of any description which is in three dimensions shall not be taken to constitute an infringement of the copyright in a work in two dimensions, if the object would not appear, to a person who is not an expert in relation to objects of that description, to be a reproduction of the work.

(2) The act of reproducing an object of any description which is in three dimensions shall not be taken to constitute an infringement of the copyright in a work in two dimensions (other than a work relating to a work of architecture) where—

(a) the lines, contours, colours, shape, texture and materials of the product itself or its ornamentation that appear in the work and are applied to the objects, are wholly or substantially functional, and

(b) the object is one of a number, in excess of 50, of identical objects which have been manufactured and made commercially available by the owner of the copyright or by a person authorised by him or her in that behalf.

Computer Programs

80. —(1) It is not an infringement of the copyright in a computer program for a lawful user of a copy of the computer program to make a back-up copy of it which it is necessary for him or her to have for the purposes of his or her lawful use.

(2) For the purposes of this section and sections 81 and 82, a person is a “lawful user” of a computer program where, whether under a licence to undertake any act restricted by the copyright in the program or otherwise, he or she has a right to use the program, and “lawful use” shall be construed accordingly.

81. —(1) It is not an infringement of the copyright in a computer program for a lawful user—

(a) to make a permanent or temporary copy of the whole or a part of the computer program by any means or in any form, or

(b) to make a translation, adaptation, arrangement or any other alteration of the computer program and to copy the results thereof,

to achieve the interoperability of an independently created computer program with other programs where the following conditions are complied with:

(i) those acts are performed by the lawful user or on his or her behalf by a person authorised to do so;

(ii) the information necessary to achieve interoperability has not previously been available to the person referred to in subparagraph (i); and

(iii) those acts are confined to the parts of the original program which are necessary to achieve interoperability.

(2) Subsection (1) shall not permit the information obtained through its application—

(a) to be used other than to achieve the interoperability of the independently created computer program,

(b) to be given to persons other than those referred to in that subsection, except where necessary for the interoperability of the independently created computer program, or

(c) to be used for the development, production or marketing of a computer program substantially similar in its expression, or for any other act which infringes copyright.

82. —(1) It is not an infringement of the copyright in a computer program for a lawful user of a copy of the computer program to make a permanent or temporary copy of the whole or a part of the program by any means and in any form or to translate, adapt or arrange or in any other way alter the computer program where such actions are necessary for the use of the program by the lawful user in accordance with its intended purpose, including error correction.

(2) It is not an infringement of the copyright in a computer program for a lawful user of a copy of the computer program to observe, study or test the functioning of the program in order to determine the ideas and principles which underlie any element of the program, where he or she does so while performing any of the acts of loading, displaying, running, transmitting or storing the program which he or she is authorised to do.

Original Database

83. —It is not an infringement of the copyright in an original database for a person who has the right to use the database or any part thereof, whether under a licence to undertake any of the acts restricted by the copyright in the original database or otherwise, to undertake, in the exercise of that right, anything which is necessary for the purposes of access to or use of the contents of the database or part thereof.

Typefaces

84. —(1) It is not an infringement of the copyright in a work which consists of the design of a typeface—

(a) to use the typeface in the ordinary course of typing, composing text, typesetting or printing,

(b) to possess an article for the purpose of such use, or

(c) to do anything in relation to material produced by such use,

and this subsection applies notwithstanding that an article is used which is an infringing copy of the work.

(2) A person infringes the copyright in a work consisting of the design of a typeface where he or she, without the licence of the copyright owner—

(a) makes,

(b) sells, rents or lends, or offers or exposes for sale, rental or loan, exhibits in public or distributes,

(c) imports into the State, or

(d) has in his or her possession, custody or control, for the purpose of sale, rental or loan, or offering or exposing for sale, rental or loan, or for exhibition in public or distribution,

an article specifically designed or adapted for producing material in the particular typeface, knowing or having reason to believe that the article has been or is to be used to make copies that infringe the copyright in the work, including copies which would not be infringing copies under subsection (1).

85. —(1) This section applies to the copyright in a work consisting of the design of a typeface where articles specifically designed or adapted for producing material in that typeface have been marketed by or with the licence of the copyright owner.

(2) After the expiration of 15 years from the end of the calendar year in which the articles referred to in subsection (1) are marketed for the first time, the work may be copied by making further such articles, or doing anything for the purpose of making such articles and anything may be done in relation to articles so made, without infringing the copyright in the work.

Works in Electronic Form

86. —(1) This section applies where a copy of a work in electronic form has been purchased on terms which expressly or impliedly allow the purchaser to copy the work, or to adapt it or make copies of an adaptation, in connection with his or her use of the work.

(2) Where there are no express terms—

(a) prohibiting the transfer of the copy by the purchaser, imposing obligations which continue after a transfer, prohibiting the assignment of any licence or terminating any licence on a transfer, or

(b) providing for the conditions on which a transferee may undertake the acts which the purchaser was permitted to undertake,

then, any acts which the purchaser was permitted to undertake may also be undertaken by a transferee without infringement of the copyright, but any copy or adaptation or copy of an adaptation made by the purchaser which is not also transferred shall be treated as an infringing copy for those purposes and for all subsequent purposes.

(3) Subsection (2) applies where the original purchased copy is no longer usable and that which is transferred is a further copy used in its place.

(4) This section shall apply on a second and subsequent transfer in like manner as to the first transfer to a purchaser and references to the purchaser shall be construed as references to a second or subsequent transferee.

Miscellaneous Matters Relating to Copyright

87. —(1) The copyright in a work is not infringed by the making of a transient and incidental copy of that work which is technically required for the viewing of or listening to the work by a member of the public to whom a copy of the work is lawfully made available.

(2) Where a copy, which would otherwise be an infringing copy, is made under this section and is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be deemed to be an infringing copy for those purposes and for all subsequent purposes.

88. —(1) The copyright in a work is not infringed by an act undertaken when, or pursuant to arrangements made when—

(a) it is not possible to ascertain the identity of the author of the work by reasonable enquiry, and

(b) it is reasonable to assume that the copyright has expired.

(2) Where a work is a work of joint authorship the reference in subsection (1) to the possibility of ascertaining the identity of the author shall be construed as a reference to its being possible to ascertain the identity of any of the authors.

89. —(1) Subject to compliance with the conditions specified in subsection (2), where a record of spoken words is made, in writing or otherwise, for the purpose of—

(a) reporting current events, or

(b) broadcasting or including in a cable programme service the work or part of the work,

it is not an infringement of any copyright in the words as a literary or dramatic work, or in any literary or dramatic work or recording arising from the recording of the words, to use the record or material taken from it or to copy the record, or any such material, and to use the copy for the purposes referred to in paragraph (a) or (b).

(2) The conditions referred to in subsection (1) are—

(a) that the record is a direct record of the spoken words and is not taken from a previous record or from a broadcast or cable programme,

(b) that the making of the record was not prohibited by the speaker and, where copyright already subsisted in the work, did not infringe the copyright in the work,

(c) that the use made of the record or material taken from it is not prohibited by or on behalf of the speaker or copyright owner before the record was made, and

(d) that the use made of the record or material taken from it is by or with the authority of a person who is lawfully in possession of the record.

90. —(1) The reading or recitation in public by one person of any reasonable extract from a literary or dramatic work which has been lawfully made available to the public, where accompanied by a sufficient acknowledgement, shall not infringe the copyright in the work.

(2) The copyright in a work is not infringed by the making of a fixation, or the broadcasting or inclusion in a cable programme service, of a reading or recitation which by virtue of subsection (1) does not infringe the copyright in the work.

(3) Where a copy, which would otherwise be an infringing copy, is made under this section and is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be deemed to be an infringing copy for those purposes and for all subsequent purposes.

91. —Where an article on a scientific or technical subject is lawfully made available to the public in a periodical accompanied by an abstract indicating the contents of the article, it is not an infringement of the copyright in the abstract or in the article to copy the abstract or to make available to the public copies of the abstract or to include the abstract in any other work.

92. —(1) A fixation of a performance of an anonymous work which has not been lawfully made available to the public may be made for the purpose of including it in an archive maintained by a designated body without infringing the copyright in the work where at the time the fixation is made—

(a) the making of the fixation does not infringe any other copyright, and

(b) the making of the fixation is not prohibited by any performer.

(2) A copy of a fixation made under subsection (1) and included in an archive maintained by a designated body may, subject to compliance with the conditions referred to in subsection (3), be made and supplied by the archivist without infringing the copyright in the fixation or the works included in it.

(3) The conditions referred to in subsection (2) are—

(a) that a copy may not be supplied other than to a person who satisfies the archivist that he or she requires the copy for the purposes of research or private study and he or she will not use it for any other purpose, and

(b) that a person shall not be furnished with more than one copy of the same fixation.

(4) In this section, “designated body” means a body designated for the purposes of this section by order of the Minister who shall not designate a body unless he or she is satisfied that the body is not established or conducted for profit.

93. —(1) This section applies to the copyright in—

(a) buildings, and

(b) sculptures, models for buildings and works of artistic craftsmanship, where permanently situated in a public place or in premises open to the public.

(2) The copyright in a work to which this section applies is not infringed by—

(a) making a painting, drawing, diagram, map, chart, plan, engraving, etching, lithograph, woodcut, print or similar thing representing it,

(b) making a photograph or film of it, or

(c) broadcasting or including in a cable programme service, an image of it.

(3) The copyright in a work to which this section applies is not infringed by the making available to the public of copies of anything the making of which is not, by virtue of this section, an infringement of the copyright in the work.

94. —(1) It is not an infringement of the copyright in an artistic work to copy it, or to make available to the public copies of it, for the purpose of advertising the sale of the work.

(2) Where a copy which would otherwise be an infringing copy is made under this section but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.

95. —Where the author of an artistic work is not the copyright owner, it is not an infringement of the copyright in the work to copy the work in making another artistic work, where the author does not repeat or imitate the main design of the earlier work.

96. —Where anything is done for the purposes of reconstructing a building it is not an infringement of the copyright in the building or in any drawings or plans in accordance with which the building was constructed by or with the licence of the copyright owner.

97. —(1) Subject to subsection (2), it is not an infringement of the copyright in a sound recording, broadcast or cable programme to cause a sound recording, broadcast or cable programme to be heard or viewed where it is heard or viewed—

(a) in part of the premises where sleeping accommodation is provided for the residents or inmates, and

(b) as part of the amenities provided exclusively or mainly for residents or inmates.

(2) Subsection (1) does not apply in respect of any part of premises to which subsection (1) applies where there is a discrete charge made for admission to the part of the premises where a sound recording, broadcast or cable programme is to be heard or viewed.

98. —(1) Subject to compliance with the conditions specified in subsection (2), it is not an infringement of the copyright in a sound recording to play it as part of the private activities of or for the benefit of a club, society or other organisation.

(2) The conditions referred to in subsection (1) are—

(a) that the club, society or other organisation is not established or conducted for profit and its main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare, and

(b) that the proceeds of any charge for admission to the place where the sound recording is to be heard are applied solely for the purposes of the club, society or other organisation.

(3) Subsection (1) shall not apply in the case of any club, society or other organisation where a charge is made for admission to the place where the sound recording is heard and any of the proceeds of the charge are applied otherwise than for the purposes of the club, society or other organisation.

99. —(1) Where, by virtue of a licence or assignment of copyright, a person is authorised to broadcast or include in a cable programme service a work or an adaptation of a work, he or she shall be deemed to be licensed by the owner of the copyright in the work to copy or authorise the copying of that work by means of his or her own facilities for the purposes of his or her own broadcast or cable programme.

(2) It shall be a condition of a licence conferred by virtue of subsection (1) that any copy resulting from the exercise of rights granted by the licence shall not be used for any purpose other than the broadcast or cable programme and shall be destroyed within 3 months of first being used for broadcasting or included in a cable programme service.

(3) A copy of a work made under this section shall be treated as an infringing copy where it is used for purposes other than broadcasting or inclusion in a cable programme service or where it is used after the expiration of 3 months from the date on which it is first used for broadcasting or included in a cable programme service.

100. —(1) The copyright in a work is not infringed by the making or use by an authorised broadcaster or authorised cable programme service provider, for the purpose of maintaining supervision and control over programmes broadcast by them or included by them in a cable programme service, of fixations of those programmes.

(2) The copyright in a work is not infringed by any use made by a body established by the State to regulate the operations of broadcasters or cable programme service providers of any fixations of broadcasts or cable programmes.

101. —(1) The making for private and domestic use of a fixation of a broadcast or cable programme solely for the purpose of enabling it to be viewed or listened to at another time or place shall not infringe the copyright in the broadcast or cable programme or in any work included in such a broadcast or cable programme.

(2) Subject to subsection (3), the making by an establishment for private and domestic use of a fixation of a broadcast or cable programme solely for the purpose of enabling it to be viewed or listened to at another time or place shall not infringe the copyright in the broadcast or cable programme or in any work included in such a broadcast or cable programme.

(3) The Minister may specify by order establishments for the purposes of this section.

(4) Where a fixation which would otherwise be an infringing copy is made under this section and is subsequently sold, rented or (otherwise than to a person's family member or friend for private and domestic purposes) lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be deemed to be an infringing copy for those purposes and for all subsequent purposes.

102. —The making for private and domestic use of a photograph of the whole or any part of an image forming part of a television broadcast or cable programme, or of a copy of such a photograph, shall not infringe the copyright in the broadcast or cable programme or in any film included in it.

103. —(1) This section applies where a broadcast made from a place in the State is, by reception and immediate retransmission, without alteration, included in a cable programme service.

(2) The copyright in a broadcast to which this section applies is not infringed where—

(a) the inclusion is pursuant to a statutory requirement, or

(b) the broadcast is made for reception in the area in which the cable programme service is provided and it is not a satellite transmission or an encrypted transmission.

(3) Without prejudice to the generality of subsection (4), the copyright in a work included in the broadcast is not infringed where—

(a) the inclusion is pursuant to a statutory requirement, or

(b) the broadcast is made for reception in the area in which the cable programme service is provided and it is not a satellite transmission or an encrypted transmission.

(4) Where the making of a broadcast is an infringement of the copyright in a work included in the broadcast, the fact that the broadcast was retransmitted as a programme in a cable programme service shall be taken into account in assessing the damages for that infringement.

104. —(1) A designated body may—

(a) make a copy of a work for the purpose of modifying that copy to meet the special needs of a person who has a physical or mental disability, and

(b) supply that modified copy to that person,

without infringing the copyright in that work.

(2) Where a copy which would otherwise be an infringing copy is made under this section, but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.

(3) In this section, “designated body” means a body designated for the purposes of this section by order of the Minister who shall not designate a body unless he or she is satisfied that the body is not established or conducted for profit.

105. —(1) A fixation of a broadcast or a cable programme of a designated class or a copy of such a fixation may be made for the purpose of including it in an archive maintained by a designated body without infringing the copyright in the broadcast or cable programme or in any work included therein.

(2) In this section—

“designated body” means a body designated for the purposes of this section by order of the Minister;

“designated class” means a class designated for the purposes of this section by order of the Minister.

(3) The Minister shall not designate a body unless he or she is satisfied that the body is not established or conducted for profit.

106. —It is not an infringement of the copyright in a work to make an adaptation of the work by any act which may otherwise be done without infringing the copyright in a work under this Chapter.