Copyright and Related Rights Act 2000

Type Act

Publication 2000-07-10

State In force

Source Irish Statute Book

articles 376

153.—(1) Where the Controller has, in respect of a licensing scheme under section 151 or 152 or under this section, made an order in respect of a scheme, and the order remains in force, the persons to whom this section applies may refer the scheme to the Controller in so far as it relates to cases of that description.

(2) This section applies to—

(a) the operator of the scheme,

(b) a person claiming that he or she requires a licence in a case of the description to which the order applies, and

(3) Where an order under section 151 or 152 or this section is in force, the licensing scheme in respect of which the order is made shall not, except with the special leave of the Controller, be referred to the Controller in respect of the same description of cases—

(a) within 12 months from the date of the order in respect of the previous reference, or

(b) where the order was made so as to be in force for 15 months or less, until the last 3 months before the expiration of the order.

(4) A scheme which has been referred to the Controller under subsection (1) shall remain in operation until proceedings in relation to the reference are concluded.

(5) The Controller shall consider the matter referred to him or her and shall make an order, confirming, varying or further varying the scheme, as the Controller may determine to be reasonable in the circumstances.

(6) An order under subsection (5) may be made for such period as the Controller may determine.

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

154.—(1) A person who claims, in a case to which a licensing scheme relates, that the operator of the scheme has refused to grant or to procure the grant to him or her of a licence in accordance with the scheme, or has failed to do so within a reasonable period, may apply to the Controller for an order under subsection (4).

(2) A person who claims, in a case excluded from a licensing scheme, that the operator of the scheme—

(a) has refused to grant or to procure the grant to him or her of a licence, or has failed to do so within a reasonable period and that in the circumstances it is unreasonable that a licence should not be granted, or

(b) proposes terms for a licence that are unreasonable,

may apply to the Controller for an order under subsection (4).

(3) A case shall be regarded as being excluded from a licensing scheme for the purposes of subsection (2) where—

(a) the scheme provides for the grant of licences, subject to terms excepting matters from the licence and the case is within such an exception, or

(b) the case is so similar to those in which licences are granted under the scheme that it is unreasonable that it should not be dealt with in the same way.

(4) Where the Controller is satisfied that a claim under this section is well-founded, he or she shall make an order declaring that in respect of the matters specified in the order, the applicant is entitled to a licence on such terms as the Controller may determine to be applicable in accordance with the scheme, or as the case may be, to be reasonable in the circumstances.

(5) An order under subsection (4) may be made for such period as the Controller may determine.

155 Review of orders made by Controller.

155.—(1) Where the Controller has made an order under section 154 that a person is entitled to a licence under a licensing scheme, the operator of the scheme or the original applicant may apply to the Controller for a review of that order.

(2) An application under subsection (1) shall not be made except with the special leave of the Controller—

(a) within 12 months from the date of the order or of the decision on a previous application under this section, or

(b) where—

(i) the order was made so as to be in force for 15 months or less, or

(ii) as a result of the decision on a previous application under this section the order is due to expire within 15 months of that decision,

until the last 3 months before the expiration date.

(3) The Controller shall, on an application for review, confirm or vary his or her order as the Controller may determine to be reasonable, having regard to the terms applicable in accordance with the licensing scheme or, as the case may be, the circumstances of the case.

156 Effect of order of Controller as to licensing scheme.

156.—(1) A licensing scheme which has been confirmed or varied by the Controller under section 151, 152 or 153 shall be in operation or, as the case may be, remain in operation, in so far as it relates to the description of case in respect of which the order was made, for such period as the order remains in force.

(2) Where an order made by the Controller under section 151, 152 or 153 confirming or varying a licensing scheme is in force (in this section referred to as “an order to which this section applies”), a person who, in a case of a class to which the order applies—

(a) pays to the operator of the scheme any charges payable under the scheme in respect of a licence applying to the case concerned or, where the amount cannot be ascertained, gives an undertaking to the operator to pay the charges when ascertained, and

(b) complies with the other terms applicable to the licence under the scheme,

is in the same position as regards infringement of copyright as if he or she had at all material times been the holder of a licence granted by the owner of the copyright concerned in accordance with the scheme.

(3) Subject to subsection (4), the Controller may direct that an order to which this section applies, in so far as it varies the amount of charges payable, has effect from a date before that on which it was made, but not earlier than the date on which the reference was made, or where later, the date on which the scheme came into operation.

(4) Where a direction is made under subsection (3)—

(a) any necessary repayments or further payments shall be made in respect of charges already paid, and

(b) the reference in subsection (2)(a) to the charges payable under the scheme shall be construed as a reference to the charges so payable by virtue of the order.

(5) A direction shall not be made under this section where subsection (6) applies.

(6) An order of the Controller made under section 152 or 153 in relation to a scheme which is certified for any purpose under section 173 has effect, in so far as it varies the scheme by reducing the charges payable for licences, from the date on which the reference was made to the Controller.

(7) Where the Controller has made an order under section 154 and the order remains in force, the person in whose favour the order is made, where he or she—

(a) pays to the operator of the scheme any charges payable in accordance with the order or, where the amount cannot be ascertained, gives an undertaking to the operator to pay the charges when ascertained, and

(b) complies with the other terms specified in the order,

is in the same position as regards infringement of copyright as if he or she had at all material times been the holder of a licence granted by the owner of the copyright concerned on the terms specified in the order.

References and Applications Relating to Licensing by Licensing Bodies

157 General references by licensing bodies.

157.—Sections 158 to 161 apply to licences in relation to the copyright in works of more than one copyright owner, granted by a licensing body otherwise than pursuant to a licensing scheme, in so far as the licences relate to any of the acts restricted by copyright under section 37.

158 Reference to Controller of proposed licence.

158.—(1) The terms on which a licensing body proposes to grant a licence may be referred to the Controller by the prospective licensee for an order under subsection (3).

(2) The Controller may refuse to consider a reference under subsection (1) on the ground that the reference is premature.

(3) Where the Controller decides to consider a reference under subsection (1), he or she shall consider the terms of the proposed licence and make an order, confirming or varying the terms, as the Controller may determine to be reasonable in the circumstances.

(4) An order under subsection (3) may be made for such period as the Controller may determine.

159 Reference to Controller of expiring licence.

159.—(1) A licensee under a licence which is due to expire with the passage of time or as a result of notice given by the licensing body may apply to the Controller on the ground that it is unreasonable in the circumstances that the licence should cease to be in force.

(2) An application under subsection (1) may be made at any time during the last 3 months before the expiration of the licence.

(3) A licence in respect of which a reference has been made to the Controller under subsection (1) shall remain in force until proceedings in relation to the reference are concluded.

(4) Where the Controller is satisfied that an application made under subsection (1) is well-founded, he or she shall make an order declaring that the licensee shall continue to be entitled to the benefit of the licence on such terms as the Controller may determine to be reasonable in the circumstances.

(5) An order under subsection (4) may be made for such period as the Controller may determine.

160 Application for review of order made by Controller.

160.—(1) Where the Controller has made an order under section 158 or 159, the licensing body or the person entitled to the benefit of the order may apply to the Controller for a review of that order.

(2) An application under subsection (1) shall not be made except with the special leave of the Controller—

(a) within 12 months from the date of the order or of the decision on a previous application under this section, or

(b) where—

(i) the order was made so as to be in force for 15 months or less, or

(ii) as a result of the decision on a previous application under this section, the order is due to expire within 15 months of that decision,

until the last 3 months before the expiration date.

(3) The Controller shall, on an application for review, confirm or vary his or her order as the Controller may determine to be reasonable in the circumstances.

161 Effect of order of Controller as to licence.

161.—(1) Where the Controller has made an order under section 158 or 159, and the order remains in force, the person entitled to the benefit of the order, where he or she—

(a) pays to the licensing body any charges payable in accordance with the order or, where the amount cannot be ascertained, gives an undertaking to the operator to pay the charges when ascertained, and

(b) complies with the other terms specified in the order,

(2) The benefit of an order made under section 158 or 159 may be assigned—

(a) in the case of an order made under section 158, where assignment is not prohibited under the terms of the order of the Controller, and

(b) in the case of an order made under section 159, where assignment was not prohibited under the terms of the original licence.

(3) The Controller may direct that an order made under section 158 or 159 or an order made under section 160 varying such an order, in so far as it varies the amount of charges payable, has effect from a date before that on which it was made, but not earlier than the date on which the reference or application was made or, where later, the date on which the licence was granted or, as the case may be, was due to expire.

(4) Where a direction is given under subsection (3)—

(a) any necessary repayments or further payments shall be made in respect of charges already paid, and

(b) the reference in subsection (1)(a) to the charges payable in accordance with the order shall be construed, where the order is varied by a further order, as a reference to the charges so payable by virtue of that further order.

Licensing: Miscellaneous

162 General considerations: unreasonable discrimination.

162.—(1) In determining what is reasonable, on a reference or application under this Chapter relating to a licensing scheme or licence, the Controller shall have regard to—

(a) the availability of other schemes, or the granting of other licences, to other persons in similar circumstances, and

(b) the terms of those schemes or licences,

and shall exercise his or her powers so as to ensure that there is no unreasonable discrimination between licensees, or prospective licensees, under the scheme or licence to which the reference or application relates and licensees under other schemes operated by, or other licences granted by, the same person.

(2) Subsection (1) shall not affect the obligation of the Controller in any case to have regard to all relevant circumstances.

163 Licences for reprographic copying.

163.— Where a reference or application is made to the Controller under this Chapter relating to the licensing of reprographic copying of literary, dramatic, musical or artistic works, original databases, or of the typographical arrangement of published editions, which have been lawfully made available to the public, the Controller shall have regard to—

(a) the extent to which copies of the works concerned are otherwise available,

(b) the proportion of the work to be copied, and

164 Licences to reflect payments in respect of underlying rights.

164.—Where a reference or an application is made under this Chapter in relation to licensing of the copyright in a work, the Controller shall take into account, in considering what charges are to be paid for a licence, any payments which the owner of the copyright is liable to make pursuant to the granting of the licence, or pursuant to the acts authorised by the licence—

(a) to owners of the copyright in works included in the work, or

(b) in respect of any performance, included in the work.

165 Licences to reflect conditions imposed by promoters of events.

165.—(1) Where a reference or an application is made under this Chapter relating to licensing in respect of the copyright in sound recordings, films, broadcasts or cable programmes which include, or are to include, any entertainment or other event, the Controller shall have regard to any conditions imposed by the promoters of the entertainment or other event, and in particular the Controller shall not consider a refusal or failure to grant a licence to be unreasonable where it could not have been granted in a manner which is consistent with those conditions.

(2) Nothing in this section shall require the Controller to have regard to any conditions where those conditions—

(a) purport to regulate the charges to be imposed in respect of the grant of licences, or

(b) relate to payments to be made to the promoters of any event in consideration of the grant of facilities for making the sound recording, film, broadcast or cable programme.

166 Licences in respect of works included in retransmissions.

166.—(1) This section applies to references or applications under this Chapter relating to licences to include a work in a broadcast or cable programme service, where one broadcast or cable programme (in this section referred to as the “first transmission”) is, by reception and immediate retransmission without alteration, to be further broadcast or included in a cable programme service (in this section referred to as the “further transmission”).

(2) In so far as the further transmission is to the same area as the first transmission, the Controller shall, in considering what charges, if any, are to be paid for licences for either transmission, have regard to the extent to which the copyright owner has already received, or is entitled to receive, payment for the other transmission which adequately remunerates that owner in respect of transmissions to that area.

(3) In so far as the further transmission is to an area outside that to which the first transmission was made, the Controller shall disregard all further transmission in considering what charges, if any, are to be paid for licences for the first transmission.

167 Implied indemnity in certain schemes and licences for reprographic copying.

167.—(1) This section applies to—

(a) schemes for licensing reprographic copying of literary, dramatic, musical or artistic works, original databases, or of the typographical arrangement of published editions, lawfully made available to the public, and

(b) licences granted by licensing bodies for such copying,

where the scheme or licence concerned does not specify the works to which it applies with sufficient particularity so as to enable licensees to determine whether a work is within the scheme or licence by inspection of the scheme or licence and the work.

(2) There is implied in every scheme or licence to which this section applies—

(a) an undertaking by the operator of the scheme to indemnify a person granted a licence under the scheme, and

(b) an undertaking by the licensing body to indemnify a licensee,

against any liability incurred by a person or licensee by reason of his or her having infringed copyright by making or authorising the making of reprographic copies of a work in circumstances within the apparent scope of the licence.

168 Power to extend application of scheme or licence.

168.—(1) This section applies to—

(a) a licensing scheme to which sections 151 to 156 apply, in so far as they provide for the grant of licences, or

(b) a licence to which sections 158 to 161 apply,

in so far as the scheme provides for the grant of licences, or the licence is a licence which authorises the making by or on behalf of educational establishments for the purposes of instruction of reprographic copies of literary, dramatic, musical or artistic works, original databases or of the typographical arrangement of published editions; which have been lawfully made available to the public.

(2) Where it appears to the Minister with respect to a scheme or licence to which this section applies that—

(a) works of a description similar to those covered by the scheme or licence are unreasonably excluded from it, and

(b) making those works subject to a licensing scheme or general licence would not conflict with the normal exploitation of the works or prejudice the interests of the owner of the copyright,

the Minister may by order provide that the scheme or licence shall extend to those works.

(3) Where the Minister proposes to make an order under subsection (2), he or she shall give notice of the proposal to—

(a) the owner of the copyright,

(b) the licensing body concerned, and

(c) such persons or organisations representative of educational establishments, and such other persons or organisations, as the Minister thinks fit.

(4) Where the identity of a person, body or organisation required to be given notice under subsection (3) cannot be ascertained by reasonable enquiry, an advertisement published by the Minister in Iris Oifigiúil and at least two newspapers circulating in the State specifying details of the proposal to extend the scheme or licence shall be deemed to be notice for the purposes of that subsection.

(5) A notice given under subsection (3) shall inform the persons referred to in that subsection of their right to make oral or written representations to the Minister concerning the proposal within 6 months from the date of the notice, and where any of those persons wishes to make oral representations, the Minister shall appoint a person to hear the representations and to report to the Minister.

(6) In considering whether to make an order under subsection (2), the Minister shall take into account any representations made to him or her under subsection (5) and such other matters as appear to the Minister to be relevant.

169 Variation or discharge of order extending scheme or licence.

169.—(1) The owner of the copyright in a work in respect of which an order is in force under section 168 may apply to the Minister for the variation or discharge of the order, stating his or her reasons for making the application.

(2) The Minister shall not consider an application made within 2 years of the making of the original order, or of the making of an order on a previous application under this section, unless it appears to the Minister that the circumstances are exceptional.

(3) The Minister may confirm the order concerned and where the Minister refuses to confirm the order, he or she shall give notice of the application to—

(a) the licensing body concerned, and

(b) such persons or organisations representative of educational establishments, and such other persons or organisations, as the Minister thinks fit.

(4) A notice given under subsection (3) shall inform the persons referred to in that subsection of their right to make written or oral representations to the Minister concerning the application under subsection (1) within 2 months from the date of the notice, and where any of those persons wishes to make oral representations, the Minister shall appoint a person to hear the representations and to report to the Minister.

(5) In considering an application under subsection (1), the Minister shall take into account the reasons for the application, any representations made to him or her under subsection (4) and such other matters as appear to the Minister to be relevant.

(6) The Minister may make such order as he or she thinks fit confirming or discharging the order or, as the case may be, the order as previously varied, or varying or further varying the order so as to exclude works from it.

170 Appeals against orders.

170.—(1) The owner of the copyright in a work which is the subject of an order made under section 168 may appeal to the High Court which may confirm or discharge the order, or vary it so as to exclude works from it, as it thinks fit, having regard to the matters referred to in section 168(2).

(2) Where the Minister has made an order under section 169—

(a) the person who applied for the order, or

(b) any person or organisation representative of educational establishments, or any other persons or organisations as the Minister thinks fit, who were given notice of the application for the order and who made representations under subsection (4) of that section,

may appeal to the High Court, which may confirm, vary or discharge the order.

(3) An appeal under this section shall be brought within 6 weeks of the making of the order, or such further period as the High Court may allow.

(4) An order made under section 168 or 169 shall not come into force until the expiration of 6 weeks from the making of the order or, where an appeal is brought before the expiration of that period, until the appeal proceedings are disposed of or withdrawn.

(5) Where an appeal is brought on or before the expiration of the period specified in subsection (4), any decision of the High Court on the appeal shall not affect the validity of anything done in reliance on the order before that decision takes effect.

171 Inquiry whether other provisions required.

171.—(1) The Minister may appoint a person to inquire whether other provisions are required (whether by way of a licensing scheme or general licence) to authorise the making by or on behalf of educational establishments for the purposes of instruction of reprographic copies of literary, dramatic, musical or artistic works, original databases, or of the typographical arrangement of published editions, which—

(a) have been lawfully made available to the public, and

(b) are of a description which appears to the Minister—

(i) not to be regulated by an existing licensing scheme or general licence, and

(ii) not to be within the power conferred by section 168.

(2) The Minister may prescribe procedures for the establishment and conduct of an inquiry under this section and without prejudice to the generality of the aforesaid may prescribe that—

(a) notice be given to persons or organisations appearing to the Minister to represent the owners of the copyright in works of that description,

(b) notice be given to persons or organisations appearing to the Minister to represent educational establishments, or

(3) Where procedures are prescribed under subsection (2), they shall not affect the rights of any other person to be given notice of such inquiries or the making of representations by other persons or organisations.

(4) The person appointed to hold an inquiry under this section shall not recommend the making of other provisions unless he or she is satisfied that—

(a) it would be of advantage to educational establishments to be authorised to make reprographic copies of the works concerned, and

(b) making those works subject to a licensing scheme or general licence would not conflict with the normal exploitation of the works or prejudice the interests of the owner of the copyright.

(5) Where a person appointed to hold an inquiry under this section recommends the making of other provisions, he or she shall specify any terms, other than terms as to the charges payable, on which licences under those provisions shall be available.

172 Statutory licence where recommendation not implemented.

172.—(1) The Minister may, within one year of the making of a recommendation under section 171, by order provide, that where the provision to which subsection (2) applies has not been made pursuant to the recommendation, the making by or on behalf of an educational establishment, for the purposes of instruction, of reprographic copies of the works to which the recommendation relates, shall be deemed to be licensed by the owners of the copyright in the works.

(2) For the purposes of subsection (1), provision shall be regarded as having been made pursuant to the recommendation where—

(a) a certified licensing scheme has been established under which a licence is available to the establishment concerned, or

(b) a general licence has been—

(i) granted to or for the benefit of that establishment,

(ii) referred by or on behalf of that establishment to the Controller under section 158, or

(iii) offered to or for the benefit of that establishment and refused without such a reference,

and the terms of the scheme or licence accord with the recommendation.

(3) An existing licence authorising the making of the copies referred to in subsection (1) (not being a licence granted under a certified licensing scheme or a general licence) shall cease to have effect to the extent that it is more restrictive or more onerous than the licence provided for by an order made under subsection (1).

(4) An order made under subsection (1) shall provide that the licence be free of any charge and, in relation to other matters, shall be subject to any terms specified in the recommendation and to such other terms as the Minister may think fit.

(5) Where a copy which would otherwise be an infringing copy is made pursuant to a licence provided for by an order made under subsection (1) 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 treated as an infringing copy for those purposes and for all subsequent purposes.

(6) An order made under subsection (1) shall come into operation not less than 6 months after it is made and, subject to subsection (7), the order may be varied from time to time.

(7) An order made under subsection (1) shall not be varied so as to include works other than those to which the recommendation relates or to remove any terms specified in the recommendation.

(8) In this section, “certified licensing scheme” means a licensing scheme certified under section 173 for the purposes of this section.

173 Certification of licensing schemes.

173.—(1) A person operating or proposing to operate a licensing scheme may apply to the Minister to certify the scheme for the purposes of section 56, 57 or 172.

(2) The Minister may by order certify a licensing scheme where he or she is satisfied that—

(a) the licensing body in charge of the scheme is representative of a substantial number of rightsholders in the category of works to which the scheme is designed to apply, and

(b) the scheme sets out clearly the charges payable and the other terms and conditions on which licences are to be granted.

(3) The scheme shall be set out in an order made under subsection (2) and the certification shall come into operation for the purposes of section 56, 57 or 172 as the case may be—

(a) on a date, specified in the order, not less than 8 weeks after the order is made, or

(b) where the scheme is the subject of a reference under section 151, on any later date on which the order of the Controller under that section comes into force, or the reference is withdrawn.

(4) A variation of the scheme to which this section applies is not effective unless a corresponding amendment of the order is made and the Minister shall make such an amendment in the case of a variation ordered by the Controller on a reference under section 151, 152 or 153 and may do so in any other case where the Minister thinks fit.

(5) An order made under subsection (2) shall be revoked where the scheme ceases to operate and may be revoked where it appears to the Minister that the scheme is no longer being operated in accordance with the terms of the order.

Cable Retransmissions

174 Collective exercise of certain rights in relation to cable retransmissions.

174.—(1) The owner of the copyright in a literary, dramatic, musical or artistic work, an original database, a sound recording or a film shall have the right to grant or refuse authorisation for cable retransmission of a broadcast or cable programme from another Member State of the EEA in which the work is included.

(2) The right conferred by this section shall be known and in this section referred to as the “cable retransmission right”.

(3) The cable retransmission right may be exercised against a cable programme service provider only through a licensing body.

(4) Where the owner of the copyright in a work has not transferred his or her cable retransmission right to a licensing body, the licensing body which manages rights of the same category shall be deemed to be permitted to manage his or her right.

(5) Where more than one licensing body manages cable retransmission rights, the owner of the copyright in a work may choose which of them is deemed to be permitted to manage his or her right.

(6) The owner of the copyright in a work to whom subsection (4) or (5) applies has the same rights and obligations resulting from any relevant agreement between the cable programme service provider and the licensing body as copyright owners who have transferred their cable retransmission right to that licensing body.

(7) Any rights to which the owner of the copyright in a work may be entitled under subsection (6) shall be exercised within the period of 3 years commencing on the date of the cable retransmission concerned.

(8) This section shall not affect any rights exercisable by the maker of a broadcast, whether in relation to the broadcast or a work included therein.

(9) In this section, “cable retransmission” means the reception and immediate retransmission without alteration by way of a cable programme service of a broadcast or of a cable programme initially transmitted from another Member State of the EEA.

Chapter 17 Registration of Copyright Licensing Bodies

175 Register of copyright licensing bodies.

175.—(1) The Controller shall establish and maintain a register of copyright licensing bodies in such form and manner and containing such particulars as the Minister may prescribe to be known as the “Register of Copyright Licensing Bodies” and referred to in this Part as the “Register”.

(2) The Controller shall keep the Register in such form so that the Register is capable of being used to make a copy of any entry in the Register.

(3) The Register shall be kept at such place as may be prescribed by the Minister and, subject to the payment of such fee as may be prescribed by the Minister with the consent of the Minister for Finance—

(a) the Register shall be made available for inspection by a person at such times and in such manner as may be prescribed by the Minister, and

(b) where a request is made to the Controller for a certified or uncertified copy of, or extract from, an entry in the Register, the Controller shall issue a copy of the entry or extract to the applicant.

(4) An application for registration or renewal of a registration of a licensing body shall be made to the Controller in such form and manner as may be prescribed by the Minister and shall be subject to the payment of such fee as may be prescribed by the Minister with the consent of the Minister for Finance.

(5) The Controller shall register an applicant or renew a registration where the Controller is satisfied that—

(a) the applicant complies with the definition of a licensing body specified in section 38 or 149, and

(b) the applicant has provided such information and satisfied such conditions as may be prescribed by the Minister for the purposes of registration.

(6) The information prescribed under paragraph (b) of subsection (5) and supplied by the applicant for registration shall be placed on the Register, and applicants may apply to the Controller to have such information revised from time to time as circumstances may require.

(7) The information to be prescribed by the Minister under subsection (5)(b) shall include, as appropriate, the following—

(a) the name of the applicant;

(b) the address of the applicant;

(c) the names of the chairperson and other members of the board or officers, or names of partners, as the case may be, of the applicant;

(d) a copy of the memorandum and articles of association, or partnership agreement, as the case may be, of the applicant;

(e) details of the scheme;

(f) details of the scales of charges or proposed charges to be levied by the applicant;

(g) the class of rightsowners represented or proposed to be represented by the applicant; and

(h) in the case of a licensing body within the meaning specified in section 38, the names of the rightsholder or rightsholders in respect of whom the body concerned claims entitlement to receive payments under that section.

(8) On the registration or renewal of a registration of a licensing body, the Controller shall issue to the applicant a certificate of registration in such form as the Controller shall determine.

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

176.—A certificate granted under section 175(8) shall include the particulars specified in subsection (7) of that section and the certificate shall be evidence of the right of the licensing body, until the contrary is proved, to act on behalf of the classes of rightsowners for whom it claims representation rights or on behalf of the rightsowners who have assigned rights to it, or exclusively licensed it, as specified in that certificate.

177 Notification of charges.

177.—(1) A licensing body registered under this Part which proposes to impose a charge, otherwise than in accordance with the scales of charges included in an application for registration or for renewal of a registration, shall provide the Controller in writing with details of the proposed charge not less than one month before the charge comes into effect.

(2) The registration of a licensing body which fails to comply with subsection (1) is deemed to be cancelled from the date on which the proposed charge comes into effect.

178 Validity of certificates of registration.

178.—(1) A certificate of registration issued under section 175(8) shall be valid for 12 months from the date of registration or such lesser period as may be specified by the Controller in the certificate.

(2) Subject to section 175(4), a licensing body registered under this Part may apply for renewal of its registration for further periods each of which shall not exceed 12 months.

(3) An application for renewal of a registration shall be made not less than one month before the expiration of the period of validity of the certificate of registration.

(4) A term of renewal of a registration shall take effect from the expiration of the previous registration.

179 Refusal of application.

179.—(1) The Controller may refuse an application for renewal of a registration by a licensing body registered under this Part or cancel the registration of a licensing body where the body no longer fulfils the requirements specified in section 175(5).

(2) The Controller shall remove a licensing body from the Register where its application for renewal of its registration is refused or its registration is cancelled.

180 Indemnity for Controller.

180.—No action or other proceedings shall lie or be maintainable against the Controller (except in the case of wilful neglect of duty) in respect of anything done or omitted to be done by him or her in the bona fide exercise of any functions, powers or duties conferred or imposed by or under this Chapter.

181 Obligation of collecting societies to register (copyright).

181.—(1) Any body operating as a licensing body within the meaning specified in section 38 or 149 shall be obliged to register in accordance with the provisions of this Chapter, and to remain registered for so long as it continues to operate in this capacity.

(2) Any body to which the provisions of subsection (1) applies which—

(a) fails within six months of the commencement of this Chapter to register under the terms of this Chapter,

(b) fails within 2 months of its establishment in the case of a body established after the commencement of this Chapter, to register under the terms of this Chapter, or

shall be guilty of an offence.

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

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

Chapter 18 Qualification for Copyright Protection

182 Qualification for copyright protection: general.

182.—(1) Copyright shall not subsist in a work unless the qualification requirements of this Chapter are satisfied in relation to—

(a) the author in section 183,

(b) the country, territory, state or area in which the work was first lawfully made available to the public in section 184,

(c) in the case of a broadcast or a cable programme, the country, territory, state or area from which the broadcast was made or from which the programme was sent in section 186.

(2) Subsection (1) shall not apply in relation to the Government or the Oireachtas or to the copyright of prescribed international organisations.

(3) Where the qualification requirements specified in this Chapter or in section 191, 193 or 196 are satisfied on one occasion in relation to a work, the copyright in the work shall not cease to subsist by reason of any subsequent event.

183 Qualification by reference to author.

183.—(1) A work shall qualify for copyright protection where the author was at the material time a qualifying person.

(2) For the purposes of this Part, a qualifying person shall be—

(a) an Irish citizen;

(b) a citizen or subject of, or an individual domiciled or ordinarily resident in the State, or in any country, territory, state or area to which the relevant provisions of this Part extend;

(c) a body incorporated under the law of the State or of any country, territory, state or area to which the relevant provisions of this Part extend;

(d) a partnership or unincorporated body formed under the law of the State or of any country, territory, state or area to which the relevant provisions of this Part extend; or

(e) any other body in the State or of any country, territory, state or area to which the relevant provisions of this Part extend.

(3) Where provision is made by order under section 188, a work shall also qualify for copyright protection where at the material time the author was—

(a) a citizen or subject of, or an individual domiciled or ordinarily resident in a country, territory, state or area to which the order relates;

(b) a body incorporated under the law of a country, territory, state or area to which the order relates;

(c) a partnership or unincorporated body formed under the law of any country, territory, state or area to which the order relates; or

(d) any other body in any country, territory, state or area to which the order relates.

(4) Subject to subsection (5), a work of joint authorship shall qualify for copyright protection where at the material time any of the authors satisfies the requirements specified in subsection (1), (2) or (3).

(5) Where a work of joint authorship qualifies for copyright protection only under this section, only those authors who satisfy those requirements shall be taken into account for the purposes of—

(a) section 23(1)(a) (first ownership of copyright; entitlement of author or author's employer);

(b) section 24 (duration of copyright in a literary, dramatic, musical or artistic work or an original database); and

(c) section 88 (anonymous and pseudonymous works; acts permitted), with reference to section 2 (definition of “anonymous work” and definition of “pseudonymous work”), section 2(7) and (8) (deemer of authorship to be known), and section 33 (expiry of copyright).

(6) The material time in relation to a literary, dramatic, musical or artistic work or an original database, shall be—

(a) in the case of a work which has not been lawfully made available to the public, when the work was made or, where the making of the work extended over a period, a substantial part of that period; or

(b) in the case of a work which has been lawfully made available to the public, when the work was first lawfully made available to the public or, where the author had died before that time, immediately before his or her death.

(7) The material time in relation to other descriptions of work shall be as follows:

(a) in the case of sound recording or film, when the sound recording or film was made;

(b) in the case of a broadcast, when the broadcast was made;

(d) in the case of the typographical arrangement of a published edition, when the edition was first lawfully made available to the public.

184 Qualification for copyright protection: specific.

184.—(1) A literary, dramatic, musical or artistic work, sound recording, film, typographical arrangement of a published edition or an original database, shall qualify for copyright protection where it is first lawfully made available to the public—

(a) in the State; or

(b) in any country, territory, state or area to which the relevant provision of this Part extends.

(2) For the purposes of this section, lawfully making available to the public a work in one country, territory, state or area shall be deemed to be the first lawful making available to the public of the work even where the work is simultaneously lawfully made available to the public elsewhere; and for this purpose, lawfully making available to the public of a work elsewhere within the previous 30 days shall be deemed to be simultaneous.

185 Territorial waters and Continental Shelf.

185.—For the purposes of this Part—

(a) acts undertaken in, or, under or over—

(i) the waters in the portion of the sea which comprises the territorial seas of the State,

(ii) the waters in all areas of the sea to which the internal or inland waters of the State are extended by section 5 of the Maritime Jurisdiction Act, 1959, and

(iii) the waters in any area which is for the time being a designated area within the meaning of section 1 of the Continental Shelf Act, 1968,

and

(b) acts undertaken on an Irish ship, aircraft or hovercraft registered under the laws of the State,

shall be deemed to have been undertaken in the State.

186 Qualification for copyright in broadcasts and cable programmes.

186.—A broadcast shall qualify for copyright protection where it is lawfully made from, and a cable programme shall qualify for copyright protection where it is first sent from a place—

(a) in the State, or

(b) in any country, territory, state or area to which the relevant provisions of this Part extend.

187 Prohibition on contravention of certain international obligations.

187.—The Government shall not exercise the power to make regulations provided for by section 190, in relation to a country, territory, state or area in contravention of obligations entered into under any bilateral or multilateral copyright or related rights convention to which the State is a party or of any obligations incurred by the State pursuant to the EEA Agreement.

188 Extension of this Part by order.

188.—(1) The Government may make an order to extend the provisions of this Part and, in particular, the provisions as to qualification of works for copyright protection in section 183, 184 and 186, to any convention country, territory, state or area.

(2) The effect of the extension of copyright protection specified in subsection (1), may, where so stated in the Third Schedule, apply to a specified part or parts of the international multilateral agreement, treaty or convention in question.

(3) The Government may, by order, add to or delete from the list of agreements, international multilateral agreements, treaties or conventions contained in the Third Schedule, or specify such part or parts of the said multilateral agreements, treaties or conventions to which the extension of protection shall apply in accordance with the terms of subsection (2), having regard to the obligations of the State under relevant multilateral agreements, treaties and conventions.

(4) The effect of the extension of the provisions of sections 183, 184 and 186 relating to qualification of works for copyright protection under the terms of this section shall be that works qualifying for copyright protection by reference to their authors or geographical provenance under the equivalent provisions of the law of a country, territory, state or area party to an agreement, treaty or convention named in the Third Schedule shall qualify for copyright protection under Irish law, to the same degree as if they (those works) had qualified for such protection directly under sections 183, 184 and 186.

(5) For the purposes of this section, “convention country, territory, state or area” means a convention country, territory, state or area which is a party to a multilateral agreement, treaty or convention relating to copyright to which the State is also a party, and which is specified in the Third Schedule.

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

189.—(1) The Government may by order make provision for applying in relation to a country, territory, state or area, other than a convention country, territory, state or area within the meaning of section 188(5), all or any of the provisions of this Part specified in the order, so as to secure that those provisions apply in relation to—

(a) individuals who are citizens or subjects of, or who are domiciled or ordinarily resident in, that country, territory, state or area as they apply to persons who are domiciled or ordinarily resident in the State,

(b) bodies incorporated under the law of that country, territory, state or area as they apply in relation to bodies incorporated under the law of the State,

(c) partnerships or unincorporated bodies formed under the law of that country, territory, state or area as they apply in relation to partnerships or unincorporated bodies formed under the law of the State,

(d) any other bodies in that country, territory, state or area as they apply in relation to such bodies in the State,

(e) literary, dramatic, musical or artistic works, sound recordings, films, typographical arrangement of a published edition or original databases first made available to the public in that country, territory, state or area as they apply in relation to such works first made available to the public in the State, or

(f) broadcasts made from or cable programmes sent from that country, territory, state or area as they apply in relation to broadcasts made from or cable programmes sent from the State.

(2) An order made under this section may make provision for all or any of the matters referred to in subsection (1) and may—

(a) apply any provision of this Part subject to such exceptions and modifications as are specified in the order, and

(b) direct that any provisions of this Part apply either generally or in relation to such classes of works, or other classes of case, as are specified in the order.

(3) The Government shall not make an order under this section in relation to a country, territory, state or area unless satisfied that provision has been or will be made under the law of that country, territory, state or area, in respect of the class of works to which the order relates, giving adequate protection to the owners of copyright under this Part.

(4) The Government may by order revoke or amend any order made under this section, including an order under this subsection.

190 Restriction of rights by order.

190.—(1) Where the protection of Irish copyright law has been extended to a country, territory, state or area under the provisions of section 189, and it appears to the Government that Irish works or one or more classes of those works are not adequately protected in that country, territory, state or area, the Government may by order restrict the rights conferred by this Part in relation to works of authors connected with that country, territory, state or area.

(2) In an order made under subsection (1), the Government shall designate the country, territory, state or area concerned and provide that, for the purposes specified in that order, a work shall not qualify for copyright protection after the date specified in the order where that work is made at a time when the author is—

(a) a citizen or subject of that country, territory, state or area (who is not at the same time domiciled or ordinarily resident in the State),

(b) a body incorporated under the law of that country, territory, state or area,

(d) any other body of that country, territory, state or area,

and the order may make such provision for all the purposes of this Part or for such purposes as are specified in that order, and either generally or in relation to such class or classes of cases as are specified in that order, having regard to the nature and extent of the deficiency of protection referred to in subsection (1).

(3) In this section “Irish works” means works of which the author was at the material time within the meaning of section 183.

Chapter 19 Government and Oireachtas Copyright

191 Government 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 Copyright in Acts, etc.

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 Houses of the Oireachtas: copyright.

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

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.

Chapter 20 International Organisations

196 Copyright vesting in certain international organisations.

196.—(1) Notwithstanding that a work—

(a) is made by an officer or employee of, or is lawfully made available to the public by, a prescribed international organisation to which this section applies, and

(b) does not qualify for copyright protection under section 182,

copyright subsists in the work by virtue of this section and the organisation concerned shall be the first owner of that copyright.

(2) The Government may prescribe the international organisations to which this section applies.

(3) Where an international organisation in respect of which an order has been made under subsection (2) is the first owner of the copyright in a work by virtue of this section, the copyright in that work shall expire 50 years from the end of the calendar year in which the work was made or shall subsist for such longer period as the Government may by order specify for the purpose of complying with the international obligations of the State.

(4) An international organisation prescribed under subsection (2) shall be deemed to have, and to have had, the legal capacities of a body corporate for the purpose of holding, dealing with and enforcing copyright and in connection with all legal proceedings relating to copyright.

Chapter 21 Anonymous Works

197 Works of folklore.

197.—(1) Where, in the case of an anonymous work which has not been lawfully made available to the public, there is evidence that the author (or, in the case of a work of joint authorship, any of the authors) complied with the requirements for copyright protection specified in section 182 by having a connection with a country, territory, state or area other than the State, it shall be presumed until the contrary is proved that copyright subsists in the work.

(2) Where, under the law of a country, territory, state or area, a body is appointed to protect and enforce copyright in a work referred to in subsection (1), the Minister may by order designate that body for the purposes of this section.

(3) A body designated by order under subsection (2) shall be recognised in the State as having authority to protect and enforce copyright in a work referred to in subsection (1) in the place of the owner of the copyright, other than the authority to assign the copyright in the work and the body may bring proceedings relating to copyright in its own name.

(4) This section shall not apply where there has been an assignment of the copyright in a work by the author of which notice has been given to the designated body, and nothing in this section affects the validity of an assignment of copyright made, or licence granted, by the author or a person lawfully claiming under him or her.

Chapter 22 Deposit of Certain Copyright Materials

198 Delivery of certain materials to libraries.

198.—(1) The publisher of any book first published in the State after the commencement of this section or, in the case of the authority specified in paragraph (a), the publisher of any book published in the State, shall, within one month after the publication, deliver, at his or her own expense, a copy of the book to each of the following—

(a) the authority having control of the National Library of Ireland,

(b) the authority having control of the library of Trinity College, Dublin,

(d) the authority having control of the library of Dublin City University, and

(e) the Board of the British Library,

and four copies of the book for or in accordance with the directions of the authority having control of the National University of Ireland for use in the four constituent universities of that University.

(2) Boards and authorities taking delivery of books under subsection (1) shall give a written receipt for every book delivered to them under that subsection.

(3) The Minister may, on an application of a Board or authority referred to in subsection (1), make regulations exempting from subsection (1) in respect of the Board or authority making the application, publications wholly or mainly in the nature of trade advertisements, or any class of work as may be specified in those regulations, and it shall not be necessary for the publisher of any publication so excepted to deliver the publication to that Board or authority or for such Board or authority to give a receipt unless as respects any particular publication a written demand for the delivery of that work is made by the Board or authority concerned.

(4) The Boards or authorities referred to in subsection (1) may before delivery of a book is made under subsection (1), request that a book be delivered in a particular form, being one of the forms in which the book is published and the publisher shall deliver it in the form requested.

(5) The publisher of any book first published in the State after the commencement of this section shall, where a demand is made in writing by the authority having control of each of the following libraries—

(a) the Bodleian Library, Oxford,

(b) the University Library, Cambridge,

(d) the National Library of Wales,

before the expiration of 12 months after the book is published, deliver within one month after receipt of that written demand or, where the demand was so made before the book was published, within one month after publication, to an address in Dublin named in the demand a copy of that book for, or in accordance with the directions of, that authority.

(6) In the case of an encyclopaedia, newspaper, review, magazine or work published in a series of numbers or parts, the written demand referred to in subsection (5) may include all numbers or parts of the work which may subsequently be published.

(7) A copy of a book delivered to the authority having control of the National Library of Ireland or the Board of the British Library pursuant to this section shall be a copy of the whole book with all maps and illustrations belonging to that book and, subject to subsection (4), finished in the same manner as the copy in that form which is superior in quality to any other copy in that form of the book available.

(8) A copy of a book delivered to any of the authorities referred to in this section, other than those referred to in subsection (7), pursuant to this section, shall be in the form specified by the Board or authority, which shall be one of the forms in which the book has been published, and shall be in like condition as that form of the book.

(9) Where a publisher fails to comply with this section he or she shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 and in addition the person shall be liable to be ordered to comply with this section.

(10) For the purposes of this section, “book” includes every part or division of a book, pamphlet, sheet of letterpress, sheet of music, map, plan, chart or table separately published, but shall not include any second or subsequent edition of a book unless such edition contains additions or alterations either in the letterpress or in the maps, plans, prints or other engravings belonging thereto.

(11) Where a copy of a book requested under subsection (1) is delivered in a form other than an electronic form, the Board or other authorities referred to in subsection (1) may request, in addition to that copy, a copy in an electronic form readable by means of an electronic retrieval system and on such request being made a copy in electronic form shall be delivered by the publisher to the Board or authority concerned.

(12) For the purposes of this section, “publication”, in relation to a book—

(a) means the issue of copies to the public, and

(b) includes its making available to the public by means of an electronic retrieval system,

and related expressions shall be construed accordingly.

Chapter 23 Amendment of National Cultural Institutions Act, 1997, and Miscellaneous Repeals

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

199.—Sections 65 and 66 of the National Cultural Institutions Act, 1997, are hereby amended by the substitution of the following sections therefor:

“65.—(1) Subject to the provisions of this section, the publisher of any material to which this section applies shall, within one month or such longer period as the authority having control of the National Library of Ireland may allow after its publication, deliver at his or her own expense, a copy of the material to that authority and the authority shall give a written receipt to the publisher for any and all such material delivered to them.

(2) The publisher of material to which this section applies that relates wholly or mainly to Ireland shall, if a written demand for any such material is made by the authority referred to in subsection (1) not later than 12 months after its publication, deliver a copy of the material to that authority within one month after receipt of the demand or, if the demand was made before its publication, within one month or such longer period as the authority may in any particular case allow after its publication.

(3) The Minister, following consultation with the Minister for Enterprise, Trade and Employment, may make such regulations as he or she considers appropriate in relation to the quality and format of material to which this section applies in cases where the copies of such material are not of uniform quality or can be published in different formats.

(4) Where a publisher fails to comply with this section, he or she shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 and to pay such sum not exceeding the value of the material as the court may decide which shall be paid to the trustees or authority to whom the material should have been delivered.

(5) In this section:

‘material to which this section applies’ means material that is of such class as may be specified in regulations made by the Minister, following consultation with the Minister for Enterprise, Trade and Employment, and in this definition, ‘material’ includes any engraving, photograph, text of a play, cinematograph film, microfilm, video recording, sound recording, record, diskette, magnetic tape, compact disc, or other thing on or in which works or information or the representations thereof is written, recorded, stored or reproduced but does not include local records or local archives within the meaning, in each case, of section 65 of the Local Government Act, 1994, or books within the meaning of section 198 of the Copyright and Related Rights Act, 2000;

‘publisher’, for the purposes of this section, means a person who issues to the public, or makes available to the public by means of an electronic retrieval system, material to which this section applies;

‘work’, for the purposes of this section, has the meaning assigned to it by section 2 of the Copyright and Related Rights Act, 2000.

(6) This section shall apply only to material concerned substantially or primarily with Ireland. In cases of doubt, the certification of the Minister to the effect that material is concerned substantially or primarily with Ireland shall satisfy the requirements of this subsection.

(7) The Minister, following consultation with the Minister for Enterprise, Trade and Employment, may by order apply this section, with such modifications and adaptations as he or she considers necessary, to one or more of the institutions or bodies referred to in section 198 of the Copyright and Related Rights Act, 2000.

(8) Section 6 of the Dublin City University Act, 1989, and section 7 of the University of Limerick Act, 1989, are hereby repealed.”.

Chapter 24 Copyright: Legal Tender

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

200.—(1) Notwithstanding anything contained in this Part and subject to subsection (2), the copyright in legal tender notes issued, whether before or after the commencement of this section, by the Central Bank of Ireland (in this section referred to as “the Bank”) or issued before such commencement by the Currency Commission, shall be perpetual and vests in the Bank.

(2) This Part is without prejudice to the copyright of the European Central Bank in legal tender notes denominated in the euro unit.

(3) Notwithstanding anything contained in this Part, the copyright in consolidated bank notes issued before the commencement of this section by the Bank or by the Currency Commission shall be perpetual and vests in the Bank.

(4) Notwithstanding anything contained in this Part, the copyright in coins issued under the Coinage Act, 1926, gold coins issued under the Currency Act, 1927, coins issued under the Coinage Act, 1950, and coins issued under the Decimal Currency Acts, 1969 to 1990, and the copyright in the artistic work defining the design of any such coin shall be perpetual and vests in the Minister for Finance.

(5)(a)This Part is without prejudice to the copyright of the European Community in the common face of coins denominated in euro or in cent, and in the artistic work defining the design of any such face, or to the assignment of that copyright by the Commission of the European Communities on behalf of the European Community.

(b) Notwithstanding anything contained in this Part, the copyright in the national face of coins issued under section 11 of the Economic and Monetary Union Act, 1998, and the copyright in the artistic work defining the design of any such face shall be perpetual and vests in the Minister for Finance.

(c) Notwithstanding anything contained in this Part, the copyright in all coins issued under Part III of the Economic and Monetary Union Act, 1998, and the copyright in the artistic work defining the design of any such coin shall be perpetual and vests in the Minister for Finance.

(6) In the application of section 37(3) to any legal tender note or consolidated bank note or any coin to which this section applies, references in that subsection to the work as a whole or to any substantial part thereof shall be construed as references to the note or coin as a whole or to any part thereof.

(7) Chapter 6 of this Part shall not apply in relation to the copyrights referred to in this section.

(8) Coins to which this section applies and the artistic work defining the design of any such coin shall be deemed, for the purposes of section 172 of the Act of 1927, not to be designs.

(9) This section applies to coins issued under the Coinage Act, 1926, gold coins issued under the Currency Act, 1927, coins issued under the Coinage Act, 1950, coins issued under the Decimal Currency Acts, 1969 to 1990, and coins issued under the Economic and Monetary Union Act, 1998.

Chapter 25 Disposal of Certain Books

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

201.—Notwithstanding anything contained in the King's Inns Library Act, 1945, or the enactments referred to in that Act or the Copyright Act, 1801, or the Copyright Act, 1836, the Benchers of the Honorable Society of King's Inns may sell or exchange any of the books of the King's Inns Library, Dublin, whether acquired before or after the commencement of this section.

PART III Rights in Performances

Chapter 1 Performers' Rights

202 Interpretation.

202.—(1) In Parts III and IV, “performance” means a performance of any actors, singers, musicians, dancers or other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary, dramatic, musical or artistic works or expressions of works of folklore, which is a live performance given by one or more individuals, and shall include a performance of a variety act or any similar presentation.

(2) A performance of a literary work includes a reading or recitation.

(3) A performance of a dramatic work includes a choreographic work or a work of mime.

(4) In Parts III and IV, “recording”, in relation to a performance, means any fixation—

(a) made directly or indirectly from the live performance,

(b) made from a broadcast of, or cable programme including, the performance, or

(5) The rights conferred by Parts III and IV are independent of—

(a) the copyright in, or the rights conferred by Chapter 7 of Part II relating to, any work performed or any fixation of, or broadcast or cable programme including, the performance, and

(b) other rights or obligations arising otherwise than under Parts III and IV.

203 Performers' rights: general.

203.—(1) A performer has the exclusive right to authorise or prohibit—

(a) the making of a recording of the whole or any substantial part of a qualifying performance directly from the live performance,

(b) the broadcasting live, or including live in a cable programme service, of the whole or any substantial part of a qualifying performance, or

(c) the making of a recording of the whole or any substantial part of a qualifying performance directly from a broadcast of, or cable programme including, the live performance.

(2) The rights of a performer conferred by this section are infringed by a person who, without the consent of the performer, undertakes or authorises another to undertake any of the acts referred to in subsection (1).

(3) The rights of a performer conferred by this section are not infringed by the making of a recording referred to in subsection (1) (c) by a person for his or her private and domestic use.

(4) Where a recording, which would otherwise be an illicit recording, 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 illicit recording for those purposes and for all subsequent purposes.

(5) In an action for infringement of the rights of a performer brought under this section, damages shall not be awarded against a defendant who shows that at the time of the infringement he or she did not know and had no reason to believe that consent had not been given.

204 Reproduction right of performer.

204.—(1) A performer has the exclusive right to authorise or prohibit the making of a copy of a recording of the whole or any substantial part of a qualifying performance and it is immaterial whether the copy is made directly or indirectly.

(2) There shall be a right of a performer conferred by this section which shall be known and in this Part referred to as the “reproduction right”.

(3) The reproduction right is infringed by a person who, without the consent of the performer, undertakes or authorises another to undertake the act referred to in subsection (1).

(4) The reproduction right is not infringed by the making of a copy referred to in subsection (3) by a person for his or her private and domestic use.

(5) Where a copy, which would otherwise be an illicit recording 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 illicit recording for those purposes and for all subsequent purposes.

(6) For the purposes of Parts III and IV, references to the making of a copy of a recording or to copying shall include the making of a temporary or permanent copy of a recording and the storing of a recording in any medium.

205 Making available to public copies of recordings of qualifying performances.

205.—(1) Subject to subsection (2), a performer has the exclusive right to authorise or prohibit the making available to the public of copies of a recording of the whole or any substantial part of a qualifying performance and it is immaterial whether the copy is made directly or indirectly.

(2) Where a copy of a sound recording is—

(a) played in public, or

(b) included in a broadcast or cable programme service,

the right conferred by this section shall be deemed to be satisfied by the payment of equitable remuneration as specified in section 208.

(3) A reference in Parts III and IV to the making available to the public of copies of a recording shall include the making available to the public of the original recording of the live performance.

(4) There shall be a right conferred by this section which shall be known and in Parts III and IV referred to as the “making available right”.

(5) A reference in Parts III and IV to the making available to the public of copies of a recording of a qualifying performance shall include—

(a) making available to the public of copies of a recording, by wire or wireless means, in such a way that members of the public may access the recording from a place and at a time individually chosen by them, including the making available of copies of recordings through the Internet,

(b) showing or playing a copy of the recording in public,

(d) including a copy of the recording in a cable programme service,

(e) issuing copies of the recording to the public,

(f) renting copies of the recording, or

(g) lending copies of the recording without the payment of remuneration to the rightsowner.

(6) The making available right is infringed by a person who, without the consent of the performer, undertakes or authorises another to undertake any of the acts referred to in subsection (5).

(7) Subject to subsection (8), the provision of facilities for enabling the making available to the public of copies of a recording of a performance shall not of itself constitute an act of making available to the public of copies of the recording.

(8) Without prejudice to subsection (7), where a person who provides facilities referred to in that subsection is notified by the rightsowner that those facilities are being used to infringe any of the rights conferred by Parts III and IV and that person fails to remove that infringing material as soon as is practicable thereafter, that person shall also be liable for the infringement.

(9) Without prejudice to subsection (8), the Minister may prescribe the form of the notice to be given under that subsection and the form shall specify—

(a) the name and address of the person claiming to be the owner of the rights in the recording concerned,

(b) the grounds that the person requesting the removal of material has for such removal, and

(10) Where the making available right is infringed by a copy of a recording being played or shown in public, by means of apparatus for receiving sounds, images or data or any combination of sounds, images or data, or the representations thereof, conveyed by any means, the person by whom sounds, images or data or any combination of sounds, images or data, or the representation thereof, are sent shall not be regarded as liable for the infringement.

206 Distribution right of performers.

206.—(1) References in Parts III and IV to the issue of copies of a recording to the public shall be construed as including—

(a) the act of putting into circulation in a Member State of the EEA copies of a recording not previously put into circulation in a Member State of the EEA by or with the consent of the performer, or

(b) the act of putting into circulation outside the Member States of the EEA copies of a recording not previously put into circulation in a Member State of the EEA or elsewhere.

(2) Without prejudice to the rental right or the lending right, references in this Part to the issue of copies of a recording to the public shall not include—

(a) any subsequent circulation of copies of a recording previously put into circulation, or

(b) any subsequent importation of such copies of a recording into the State of any other Member State of the EEA,

except in so far as subsection (1) (a) applies to putting into circulation in the Member States of the EEA copies of a recording previously put into circulation outside the Member States of the EEA.

(3) A reference in this section to circulation shall include sale, rental or loan.

(4) A performer has the exclusive right to authorise or prohibit the issue of copies of a recording to the public of the whole or any substantial part of a qualifying performance.

(5) There shall be a right conferred by this section which shall be known and in this Part referred to as the “distribution right”.

(6) The distribution right is infringed by a person who, without the consent of the performer, undertakes or authorises another to undertake the acts referred to in subsection (4).

207 Rental and lending right of performer.

207.—(1) References in Parts III and IV to “rental” or “lending” Rental and lending shall not be construed as including the making available to the public of copies of a recording for the purposes of—

(a) playing or showing in public, broadcasting or inclusion in a cable programme service,

(b) exhibiting in public, or

(2) A performer has the exclusive right to authorise or prohibit the rental or lending of copies of a recording of the whole or any substantial part of his or her qualifying performance.

(3)(a)There shall be right of the performer to authorise or prohibit the rental of copies of a recording which shall be known and in Parts III and IV referred to as the “rental right”.

(b) There shall be a right of the performer to authorise or prohibit the lending of copies of a recording which shall be known and in Parts III and IV referred to as the “lending right”.

(4) The rental right is infringed by a person who, without the consent of the performer, rents or authorises another to rent copies of a recording of the whole or any substantial part of a qualifying performance.

(5) The lending right is infringed by a person who, without the consent of the performer, lends or authorises another to lend copies of a recording of the whole or any substantial part of a qualifying performance.

(6) In Parts III and IV, and subject to subsections (7) and (8)—

(a) “rental” means making a copy of a recording available for use on terms that it will or may be returned after a limited period of time, for direct or indirect economic or commercial advantage;

(b) “lending” means making a copy of a recording available for use on terms that it will or may be returned after a limited period of time, otherwise than for direct or indirect economic or commercial advantage, through an establishment to which members of the public have access.

(7) The making of a copy of a recording available between establishments to which members of the public have access shall not infringe any of the rights conferred by Parts III and IV.

(8) Where lending by an establishment to which members of the public have access gives rise to a payment, the amount of which does not exceed what is necessary to cover the operating costs of the establishment, there is no direct or indirect economic or commercial advantage for the purposes of this section.

208 Right to equitable remuneration for exploitation of sound recording.

208.—(1) A performer has a right to equitable remuneration from the owner of the copyright in a sound recording where the sound recording of the whole or any substantial part of a qualifying performance which has been made available to the public for commercial purposes is—

(a) played in public, or

(b) included in a broadcast or cable programme service.

(2) A performer shall not assign the right to equitable remuneration under this section except to a collecting society for the purpose of enabling the collecting society to exercise that right on his or her behalf.

(3) The right to equitable remuneration is transmissible by testamentary disposition or by operation of law, as personal or moveable property, and it may be assigned or further transmitted, including by assignment, by any person who legally acquires the right.

(4) Subject to subsections (5) to (9), the amount of equitable remuneration payable under this section is that which has been agreed by or on behalf of the persons by and to whom it is payable.

(5) In default of agreement as to the amount of equitable remuneration payable, the person by or to whom it is payable may apply to the Controller for an order under subsection (8).

(6) Subject to subsection (7), a person to or by whom equitable remuneration is payable may also apply to the Controller—

(a) to vary any agreement as to the amount payable, or

(b) to vary any previous determination of the Controller as to the amount payable.

(7) An application may not be made under subsection (6) within 12 months from the date of the previous determination except with the special leave of the Controller.

(8) On an application being made under this section, the Controller shall consider the matter and make such order as to the method of calculating and paying equitable remuneration as he or she may determine to be reasonable in the circumstances, having regard to the importance of the contribution of the performer to the sound recording.

(9) An order made under this section shall have effect from the date on which it is made or such later date as may be specified by the Controller.

(10) An agreement as to the amount of equitable remuneration payable shall be void in so far as it purports—

(a) to exclude or restrict the right to equitable remuneration conferred by this section,

(b) to prevent a person questioning the amount of equitable remuneration, or

Chapter 2 Infringement of Performers' Rights

209.—A person infringes the rights of a performer conferred by section 203 where he or she, without the consent of the performer—

(a) shows or plays in public the whole or any substantial part of a qualifying performance, or

(b) broadcasts or includes in a cable programme service the whole or any substantial part of a qualifying performance,

by means of a recording which was, and which that person knows or has reason to believe was, made without the consent of the performer.

210 Meaning of illicit recording.

210.—(1) In Parts III and IV “illicit recording”, in relation to a performance, shall be construed in accordance with this section.

(2) A recording of the whole or any substantial part of a performance shall be an illicit recording where the recording is made without the consent of the performer.

(3) A copy of a recording shall be an illicit recording where its making constitutes an infringement of a performer's property rights in the recording concerned.

(4) Subject to subsection (5), a copy of a recording shall be an illicit recording where—

(a) it has been or is to be imported into the State, and

(b) its making in the State would have constituted an infringement of a performer's property rights in the recording concerned, or breach of an exclusive licence agreement relating to that recording.

(5) A copy of a recording which previously has been issued to the public in accordance with section 206 in any other Member State of the EEA by, or with the consent of, the owner of the performers' property rights in the recording, shall not be deemed to be an illicit recording for the purposes of subsection (4).

(6) A recording of the whole or any substantial part of a performance which is subject to an exclusive recording contract shall be an illicit recording where it is made, otherwise than for private and domestic use, without the consent of the person having recording rights or the consent of the performer.

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