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Number 28 of 2000 
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COPYRIGHT AND RELATED RIGHTS ACT, 2000 
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ARRANGEMENT OF SECTIONS 
PART I 
Preliminary and General 
Section 
1. Short title and commencement. 
2. Interpretation. 
3. Construction of references to rightsowner. 
4. Construction of references to copyright. 
5. Encrypted broadcasts. 
6. Making and protection of broadcasts. 
7. Regulations and orders. 
8. Laying of regulations and orders. 
9. Expenses. 
10. Transitional provisions and repeals. 
11. Prosecution of offences. 
12. Offences by bodies corporate. 
13. Offences by members of partnership. 
14. Service of notices. 
15. Fees. 
16. Jurisdiction of Courts. 
1 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
PART II 
Copyright 
Chapter 1 
Subsistence of Copyright 
Section 
17. Copyright and copyright works. 
18. Copyright in literary, dramatic or musical works and original 
databases. 
19. Copyright in sound recordings. 
20. Exclusion of copyright in retransmission. 
Chapter 2 
Authorship and Ownership of Copyright 
21. Interpretation of author. 
22. Works of joint authorship. 
23. First ownership of copyright. 
Chapter 3 
Duration of Copyright 
24. Duration of copyright in a literary, dramatic, musical or artis-
tic work or an original database. 
25. Duration of copyright in films. 
26. Duration of copyright in sound recordings. 
27. Duration of copyright in broadcasts. 
28. Duration of copyright in cable programmes. 
29. Duration of copyright in typographical arrangements. 
30. Duration of copyright in computer-generated works. 
31. Duration of copyright in works in volumes, parts, etc. 
32. Miscellaneous matters in relation to duration. 
33. Expiry of copyright. 
34. Making available of a work not previously made available. 
35. Calculation of term of copyright. 
2 Section 
36. Non-application of certain provisions on duration to Govern-
ment copyright, etc. 
Chapter 4 
Rights of Copyright Owner 
37. Acts restricted by copyright in a work. 
38. Playing of sound recordings — licences of right. 
39. Reproduction right. 
40. Making available right. 
41. Distribution right. 
42. Rental and lending right. 
43. Infringement by adaptation of works. 
Chapter 5 
Secondary Infringement of Copyright 
44. Interpretation of infringing copy. 
45. Secondary infringement: dealing with infringing copy. 
46. Secondary infringement: providing means for making infring-
ing copies. 
47. Secondary infringement: permitting use of premises for 
infringing performances. 
48. Secondary infringement: permitting use of apparatus for 
infringing performances. 
Chapter 6 
Acts Permitted in Relation to Works Protected by Copyright 
49. Exemptions in respect of copyright works. 
50. Fair dealing: research or private study. 
51. Fair dealing: criticism or review. 
52. Incidental inclusion of copyright material. 
Education 
53. Acts done for purposes of instruction or examination. 
54. Anthologies for educational use. 
55. Performing, playing or showing work in course of activities 
of educational establishment. 
3 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Section 
56. Recording by educational establishments of broadcasts and 
cable programmes. 
57. Reprographic copying by educational establishments of cer-
tain works. 
58. Copyright not infringed by lending. 
Libraries and Archives 
59. Regulations relating to copying by libraries and archives. 
60. Libraries and archives: declarations. 
61. Copying by librarians or archivists: articles in periodicals. 
62. Copying by librarians or archivists: parts of works lawfully 
made available to public. 
63. Multiple copying. 
64. Copying by librarians or archivists: supply of copies to other 
libraries and archives. 
65. Copying by librarians or archivists: replacement copies of 
works. 
66. Copying by librarians or archivists for certain purposes. 
67. Copying by librarians or archivists: certain works not lawfully 
made available to public. 
68. Copy of work required to be made as condition of export. 
69. Copying by librarians or archivists: exemptions. 
70. Copying by librarians or archivists: infringing copy. 
Public Administration 
71. Parliamentary and judicial proceedings. 
72. Statutory inquiries. 
73. Copying of material in public records. 
74. Material open to public inspection or on statutory register. 
75. Works communicated to Government or Oireachtas. 
76. Acts done under statutory authority. 
77. Savings. 
Designs 
78. Acts done in reliance on registration of design. 
79. Exception from protection of copyright in certain works. 
4 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
Computer Programs 
Section 
80. Back-up copies of computer programs. 
81. Lawful copies of computer programs. 
82. Exceptions to infringement of copyright in computer 
programs. 
Original Database 
83. Access to or use of original database. 
Typefaces 
84. Use of typefaces: printing. 
85. Articles for producing materials in particular typefaces. 
Works in Electronic Form 
86. Transfer of copies of work in electronic form. 
Miscellaneous Matters Relating to Copyright 
87. Transient and incidental copies. 
88. Anonymous or pseudonymous works: acts permitted. 
89. Use of notes or recordings of spoken words in certain cases. 
90. Public reading or recitation of works. 
91. Abstracts of scientific or technical articles. 
92. Fixations of performances of works of folklore. 
93. Representation of certain artistic works on public display. 
94. Advertising sale of artistic work. 
95. Making of subsequent works by same artist. 
96. Reconstruction of buildings. 
97. Playing or showing of sound recordings, broadcasts and cable 
programmes in certain premises. 
98. Playing of sound recordings for clubs, societies, etc. 
99. Copying for purpose of broadcast or cable programme. 
100. Recording for purposes of supervision and control of broad-
casts and cable programmes. 
101. Recording for purposes of time-shifting. 
5 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Section 
102. Photographs of television broadcasts or cable programmes. 
103. Reception and retransmission of broadcasts in cable pro-
gramme services. 
104. Provision of modified works. 
105. Recording for archival purposes. 
106. Adaptation of a work. 
Chapter 7 
Copyright: Moral Rights 
107. Paternity right. 
108. Exceptions to paternity right. 
109. Integrity right. 
110. Exceptions to integrity right. 
111. Qualification of integrity right in certain cases. 
112. Secondary infringement of integrity right: possessing or 
dealing. 
113. False attribution of work. 
114. Right to privacy in photographs and films. 
115. Duration of moral rights. 
116. Waiver of rights. 
117. Application of certain provisions to works of joint authorship 
and joint ownership. 
118. Moral rights not assignable or alienable. 
119. Transmission of moral rights on death. 
Chapter 8 
Dealings with Rights in Copyright Works 
120. Assignment and licences. 
121. Prospective ownership of copyright. 
122. Exclusive licences. 
123. Copyright to pass under will with certain original fixations. 
124. Presumption of transfer of rental right in case of film pro-
duction agreement. 
6 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
Section 
125. Right to equitable remuneration where rental right 
transferred. 
126. Equitable remuneration: reference of determination of 
amount to Controller. 
Chapter 9 
Remedies: Copyright Owner 
127. Infringement actionable by copyright owner. 
128. Award of damages in infringement action. 
129. Action in respect of construction of building. 
130. Undertakings concerning licences of right. 
131. Order for delivery up. 
132. Application to District Court for seizure of infringing copies, 
articles or devices. 
133. Right of copyright owner to seize infringing copies, articles 
or devices, etc. 
134. Rights of owner of copyright in respect of infringing copy. 
Chapter 10 
Rights and Remedies: Exclusive Licensee 
135. Rights and remedies of exclusive licensee. 
136. Exercise of concurrent rights. 
Chapter 11 
Remedies: Moral Rights 
137. Remedies for infringement of moral rights. 
138. Action in respect of construction of building. 
Chapter 12 
Presumptions 
139. Presumptions. 
Chapter 13 
Offences: Copyright 
140. Offences. 
141. False claims of copyright. 
142. Order for delivery up in criminal proceedings. 
143. Search warrants and seizure. 
7 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Chapter 14 
Delivery up and Disposal 
Section 
144. Period after which remedy for delivery up is not available. 
145. Order as to disposal of infringing copy, article or device. 
146. Amendment to section 23 of Trade Marks Act, 1996. 
Chapter 15 
Provision for Preventing Importation 
147. Infringing copies, articles or devices may be treated as pro-
hibited goods. 
148. Power of Revenue Commissioners to make regulations. 
Chapter 16 
Copyright Licensing 
149. Licensing schemes and licensing bodies. 
References and Applications Relating to Licensing Schemes 
150. General references. 
151. Reference of proposed licensing scheme to Controller. 
152. Reference of licensing scheme to Controller. 
153. Further reference of scheme to Controller. 
154. Application for grant of licence in connection with licensing 
scheme. 
155. Review of orders made by Controller. 
156. Effect of order of Controller as to licensing scheme. 
References and Applications Relating to Licensing by 
Licensing Bodies 
157. General references by licensing bodies. 
158. Reference to Controller of proposed licence. 
159. Reference to Controller of expiring licence. 
160. Application for review of order made by Controller. 
161. Effect of order of Controller as to licence. 
8 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
Licensing: Miscellaneous 
Section 
162. General considerations: unreasonable discrimination. 
163. Licences for reprographic copying. 
164. Licences to reflect payments in respect of underlying rights. 
165. Licences to reflect conditions imposed by promoters of 
events. 
166. Licences in respect of works included in retransmissions. 
167. Implied indemnity in certain schemes and licences for repro-
graphic copying. 
168. Power to extend application of scheme or licence. 
169. Variation or discharge of order extending scheme or licence. 
170. Appeals against orders. 
171. Inquiry whether other provisions required. 
172. Statutory licence where recommendation not implemented. 
173. Certification of licensing schemes. 
Cable Retransmissions 
174. Collective exercise of certain rights in relation to cable 
retransmissions. 
Chapter 17 
Registration of Copyright Licensing Bodies 
175. Register of copyright licensing bodies. 
176. Proof that licensing body may act on behalf of specified 
classes. 
177. Notification of charges. 
178. Validity of certificates of registration. 
179. Refusal of application. 
180. Indemnity for Controller. 
181. Obligation of collecting societies to register (copyright). 
9 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Chapter 18 
Qualification for Copyright Protection 
Section 
182. Qualification for copyright protection: general. 
183. Qualification by reference to author. 
184. Qualification for copyright protection: specific. 
185. Territorial waters and Continental Shelf. 
186. Qualification for 
programmes. copyright in broadcasts and cable 
187. Prohibition on contravention of 
obligations. certain international 
188. Extension of this Part by order. 
189. Orders to be made for countries other than convention 
countries, etc. 
190. Restriction of rights by order. 
Chapter 19 
Government and Oireachtas copyright 
191. Government copyright. 
192. Copyright in Acts, etc. 
193. Houses of the Oireachtas: copyright. 
194. Oireachtas copyright. 
195. Houses of the Oireachtas: supplementary provisions with 
regard to copyright. 
Chapter 20 
International Organisations 
196. Copyright vesting in certain international organisations. 
Chapter 21 
Anonymous Works 
197. Works of folklore. 
Chapter 22 
Deposit of Certain Copyright Materials 
198. Delivery of certain materials to libraries. 
10 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
Chapter 23 
Amendment of National Cultural Institutions Act, 1997, and 
Miscellaneous Repeals 
Section 
199. Amendment of sections 65 and 66 of the National Cultural 
Institutions Act, 1997. 
Chapter 24 
Copyright: Legal Tender 
200. Copyright in Irish legal tender notes, euro notes, consolidated 
bank notes and in Irish and euro coins. 
Chapter 25 
Disposal of Certain Books 
201. Disposal of books of King’s Inns Library, Dublin. 
PART III 
Rights in Performances 
Chapter 1 
Performers’ Rights 
202. Interpretation. 
203. Performers’ rights: general. 
204. Reproduction right of performer. 
205. Making available to public copies of recordings of qualifying 
performances. 
206. Distribution right of performers. 
207. Rental and lending right of performer. 
208. Right to equitable remuneration for exploitation of sound 
recording. 
Chapter 2 
Infringement of Performers’ Rights 
209. Consent required for recording or live transmission of per-
formance. 
210. Meaning of illicit recording. 
211. Presumptions. 
11 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Section 
212. Secondary infringement: importing, 
with illicit recordings. possessing or dealing 
213. Secondary infringement: providing m
recording. eans for making illicit 
214. Secondary infringement: permitting 
infringing performances. use of apparatus for 
Chapter 3 
Recording Rights 
215. Interpretation. 
216. Infringement of recording rights by copying. 
217. Infringement of recording rights by use of illicit recording. 
218. Secondary infringement: importing, possessing or dealing 
with illicit recording. 
219. Secondary infringement: providing means for making illicit 
recordings. 
Chapter 4 
Acts Permitted in Relation to Performances 
220. Exemptions in respect of performance. 
221. Fair dealing with performances, etc. 
222. Incidental use of performances. 
Education 
223. Copying of a performance for purpose of instruction, etc. 
224. Playing of sound recording, etc., at an educational estab-
lishment. 
225. Recording of broadcast, etc., on behalf of an educational 
establishment. 
226. Performer’s rights not infringed by lending. 
Libraries and Archives 
227. Regulations relating to copying of recordings by libraries and 
archives. 
228. Libraries and archives: declarations. 
229. Copying by librarians or archivists: parts of recordings law-
fully made available to public. 
12 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
Section 
230. Multiple copying. 
231. Copying by librarians or archivists: supply of copies to other 
libraries and archives. 
232. Copying by librarians or archivists: replacement copies of 
recordings of performances. 
233. Copying by librarians or archivists for certain purposes. 
234. Copying by librarians or archivists: certain recordings not 
lawfully made available to public. 
235. Copy of recording required to be made as condition of 
export. 
236. Copying by librarians or archivists: illicit recording. 
Public Administration 
237. Parliamentary and judicial proceedings. 
238. Statutory inquiries. 
239. Copying of material in public records. 
240. Material open to public inspection or on statutory register. 
241. Acts done under statutory authority. 
Recordings in Electronic Form 
242. Transfer of copies of recordings in electronic form. 
Miscellaneous Matters Relating to Performers’ Rights 
243. Use of recordings of spoken words in certain cases. 
244. Transient and incidental copies. 
245. Recordings of works of folklore. 
246. Playing or showing sound recordings, broadcasts and cable 
programmes in certain premises. 
247. Playing of sound recordings for clubs, societies, etc. 
248. Recording for purposes of broadcast or cable programme. 
249. Recording for purposes of supervision and control of broad-
casts and cable programmes. 
250. Recording for purposes of time-shifting. 
251. Reception and retransmission of broadcast in cable pro-
gramme service. 
252. Provision of modified recordings. 
253. Recording for archival purposes. 
254. Power of Controller to consent on behalf of performer. 
13 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Chapter 5 
Delivery Up and Seizure 
Section 
255. Order for delivery up. 
256. Application to District Court for seizure of illicit recordings, 
articles or devices, etc. 
257. Right of rightsowner to seize illicit recordings, articles 
devices, etc. or 
Chapter 6 
Offences: Performances 
258. Offences. 
259. False claims of rights in performances. 
260. Order for delivery up in criminal proceedings. 
261. Search warrants and seizure. 
262. False representation of authority to give consent. 
263. Period after which remedy of delivery up is not available. 
264. Order as to disposal of illicit recording, article or device. 
Chapter 7 
Licensing Schemes: Performers’ Property Rights Licensing 
265. Licensing schemes and licensing bodies. 
References and Applications Relating to Licensing Schemes 
266. General references. 
267. Reference of proposed licensing scheme to Controller. 
268. Reference of licensing scheme to Controller. 
269. Further reference of scheme to Controller. 
270. Application for grant of a licence in connection with licensing 
scheme. 
271. Review of orders made by Controller. 
272. Effect of order of Controller as to licensing scheme. 
References and Applications Relating to Licensing by 
Licensing Bodies 
273. General references by licensing bodies. 
14 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
Section 
274. Reference to Controller of proposed licence. 
275. Reference to Controller of expiring licence. 
276. Application for review of order made by Controller. 
277. Effect of order of Controller as to licence. 
Licensing: Miscellaneous 
278. General considerations: unreasonable discrimination. 
279. Licences to reflect payments in respect of underlying rights. 
Chapter 8 
Registration of Licensing Bodies in Respect of Performers’ 
Property Rights 
280. Register of licensing bodies for performers’ property rights. 
281. Proof that licensing body may act on behalf of specified 
classes. 
282. Notification of charges. 
283. Validity of certificates of registration. 
284. Refusal of application. 
285. Indemnity for Controller. 
286. Obligation of collecting societies to register (performers’ 
property rights). 
Chapter 9 
Qualification: Performances 
287. Definition of qualifying person. 
288. Qualifying performance. 
289. Designation of qualifying countries. 
290. Territorial waters and Continental Shelf. 
Chapter 10 
Duration of Rights in Performances 
291. Duration of rights. 
15 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Chapter 11 
Performers’ Property Rights 
Section 
292. Performers’ property rights. 
Chapter 12 
Transmission of Performers’ Property Rights 
293. Assignment and licences. 
294. Prospective ownership of performers’ property rights. 
295. Exclusive licences. 
296. Performers’ property rights to pass under will with certain 
original recordings. 
297. Presumption of transfer of rental right in case of film pro-
duction agreement. 
298. Right to equitable remuneration where rental right is 
transferred. 
299. Equitable remuneration: reference of determination of 
amount to Controller. 
Chapter 13 
Transmission of Recording Rights and Performers’ Non-Property 
Rights 
300. Performers’ non-property rights. 
301. Transmissibility of rights of person having recording rights. 
302. Consent. 
Chapter 14 
Remedies: Owner of Performers’ Property Rights 
303. Infringement actionable by rightsowner. 
304. Award of damages in infringement action. 
305. Undertakings concerning licences of right. 
Chapter 15 
Rights and Remedies: Exclusive Licensee 
306. Rights and remedies of exclusive licensee. 
16 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
Section 
307. Exercise of concurrent rights. 
Chapter 16 
Remedies: Owner of Performers’ Non-Property Rights and Person 
having Recording Rights 
308. Infringement actionable as a breach of statutory duty. 
PART IV 
Performers’ Moral Rights 
309. Paternity right. 
310. Exceptions to paternity right. 
311. Integrity right. 
312. Exceptions to integrity right. 
313. Secondary infringement of integrity right: possessing or 
dealing. 
314. False attribution of performances. 
315. Duration of moral rights. 
316. Waiver of rights. 
317. Performers’ moral rights not assignable or alienable. 
318. Transmission of moral rights on death. 
319. Remedies for infringement of moral rights. 
PART V 
Databases 
Chapter 1 
Rights in Databases 
320. Interpretation. 
Chapter 2 
Subsistence of Database Right 
321. Database right. 
17 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Chapter 3 
Maker and Ownership: Databases 
Section 
322. Maker of database. 
323. First ownership of database right. 
Chapter 4 
Restricted Acts: Databases 
324. Acts restricted by database right. 
Chapter 5 
Duration of Database Right 
325. Term of protection of database right. 
Chapter 6 
Qualification: Databases 
326. Qualification for database right. 
Chapter 7 
Rights and Obligations of Lawful Users 
327. Avoidance of certain terms affecting lawful users. 
Chapter 8 
Acts Permitted in Respect of Database Right 
328. Exemptions in respect of databases. 
329. Fair dealing: research or private study. 
Education 
330. Exception for educational establishments. 
Public Administration 
331. Parliamentary or judicial proceedings. 
332. Statutory inquiries. 
333. Copying of material in public records. 
334. Material open to public inspection or on statutory register. 
18 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
Section 
335. Databases communicated to Government or Oireachtas. 
336. Acts done under statutory authority. 
Anonymous or Pseudonymous Databases 
337. Anonymous or pseudonymous databases: acts permitted. 
Chapter 9 
Application of Copyright Provisions to Database Right 
338. Application of copyright provisions to database right. 
Chapter 10 
Presumptions 
339. Presumptions relevant to database right. 
Chapter 11 
Database Right: Licensing 
340. Licensing schemes and licensing bodies. 
References and Applications Relating to Licensing Schemes 
341. General references. 
342. Reference of proposed licensing scheme to Controller. 
343. Reference of licensing scheme to Controller. 
344. Further reference of scheme to Controller. 
345. Application for grant of licence in connection with licensing 
scheme. 
346. Review of orders made by Controller. 
347. Effect of order of Controller as to licensing scheme. 
References and Applications Relating to Licensing by 
Licensing Bodies 
348. General reference by licensing bodies. 
349. Reference to Controller of proposed licence. 
350. Reference to Controller of expiring licence. 
351. Application for review of order made by Controller. 
19 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Section 
352. Effect of order of Controller as to licence. 
Licensing: Miscellaneous 
353. General considerations: unreasonable discrimination. 
354. Licences to reflect payments in respect of underlying rights. 
Chapter 12 
Registration of Licensing Bodies in Respect of Database Right 
355. Register of licensing bodies for database right. 
356. Proof that licensing body may act on behalf of specified 
classes. 
357. Notification of charges. 
358. Validity of certificates of registration. 
359. Refusal of application. 
360. Indemnity for Controller. 
361. Obligation of collecting societies to register (database rights). 
PART VI 
Jurisdiction of Controller 
362. Jurisdiction of Controller. 
363. Rules in relation to proceedings before Controller. 
364. Power of Controller to award costs. 
365. Appointment of assessors. 
366. Appeal to the High Court. 
367. References of dispute to arbitrator. 
368. Controller may consult Attorney General. 
369. Definition of dispute for the purposes of this Chapter. 
PART VII 
Technological Protection Measures 
Chapter 1 
Rights Protection Measures 
370. Devices designed to circumvent protection. 
371. Offence of unlawful reception. 
20 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
Section 
372. Rights in respect of apparatus, etc., for unauthorised recep-
tion of transmissions. 
373. Denial of protection. 
374. Non-interference of rights protection measures with permit-
ted acts. 
Chapter 2 
Rights Management Information 
375. Rights and remedies in respect of unlawful acts which inter-
fere with rights management information. 
376. Removal or interference with rights management 
information. 
FIRST SCHEDULE 
PART I 
Transitional Provisions and Savings: Copyright 
PART II 
Works made before the first day of July, 1912 
PART III 
Secondary Infringements 
PART IV 
Performers’ Rights 
PART V 
Copyright and Performers’ Rights 
PART VI 
Transitional Provisions and Savings: Databases 
SECOND SCHEDULE 
PART I 
PART II 
THIRD SCHEDULE 
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21 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Acts Referred to 
Arbitration Act, 1954 
Coinage Act, 1926 Coinage Act, 1950 Companies Acts, 1963 to 1999 
Continental Shelf Act, 1968 
Copyright Act, 1801 Copyright Act, 1836 Copyright Act, 1911 Copyright Act, 1963 Copyright (Amendment) Act, 1987 Currency Act, 1927 
Decimal Currency Acts, 1969 to 1990 
Dublin City University Act, 1989 Economic and Monetary Union Act, 1998 Industrial and Commercial Property (Protection) Act, 1927 Intellectual Property (Miscellaneous Provisions) Act, 1998 King’s Inns Library Act, 1945 Local Government Act, 1994 Maritime Jurisdiction Act, 1959 National Cultural Institutions Act, 1997 Performers’ Protection Act, 1968 Petty Sessions (Ireland) Act, 1851 Public Offices Fees Act, 1879 Radio and Television Act, 1988 Statute of Limitations, 1957 Statutes of Limitation, 1957 and 1991 Trade Marks Act, 1996 Universities Act, 1997 University of Limerick Act, 1989 
22 1954, No. 26 
1926, No. 14 1950, No. 32 
1968, No. 14 
41 Geo.3 c.107 6 & 7 Will.4 c.110 1911, c.46 1963, No. 10 
1987, No. 24 
1927, No. 32 
1989, No. 15 
1998, No. 38 
1927, No. 16 1998, No. 28 
1945, No. 22 1994, No. 8 
1959, No. 22 
1997, No. 11 
1968, No. 19 
14 & 15 Vict. c. 9 
1879, c. 58 
1988, No. 20 
1957, No. 6 
1996, No. 6 1997, No. 24 
1989, No. 14 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
———————— 
Number 28 of 2000 
———————— 
COPYRIGHT AND RELATED RIGHTS ACT, 2000 
———————— 
AN ACT TO MAKE PROVISION IN RESPECT OF COPY-
RIGHT, PROTECTION OF RIGHTS OF PERFORMERS 
AND RIGHTS IN PERFORMANCES, TO MAKE PRO-VISION FOR LICENSING SCHEMES AND REGIS-TRATION SCHEMES FOR COPYRIGHT AND RELATED RIGHTS; TO RESTATE THE LAW IN RESPECT OF COUNCIL DIRECTIVE NO. 91/250/EEC OF 14 MAY 1991
1 
ON THE LEGAL PROTECTION OF COMPUTER PRO-GRAMS; TO GIVE EFFECT TO COUNCIL DIRECTIVE NO. 92/100/EEC OF 19 NOVEMBER 1992
2 ON RENTAL 
RIGHT AND LENDING RIGHT AND ON CERTAIN RIGHTS RELATING TO COPYRIGHT IN THE FIELD OF INTELLECTUAL PROPERTY; TO GIVE EFFECT TO COUNCIL DIRECTIVE NO. 93/83/EEC OF 27 SEPTEMBER 1993
3 ON THE CO-ORDINATION OF CERTAIN RULES 
CONCERNING COPYRIGHT AND RIGHTS RELATED TO COPYRIGHT APPLICABLE TO SATELLITE BROAD-CASTING AND CABLE RETRANSMISSION; TO RESTATE THE LAW IN RESPECT OF COUNCIL DIREC-TIVE NO. 93/98/EEC OF 29 OCTOBER 1993
4 HARMONIS-
ING THE TERM OF PROTECTION OF COPYRIGHT AND CERTAIN RELATED RIGHTS AND TO GIVE EFFECT TO ARTICLE 2.1 THEREOF; TO GIVE EFFECT TO DIRECTIVE NO. 96/9/EC OF THE EUROPEAN PARLIA-MENT AND OF THE COUNCIL OF 11 MARCH 1996
5 ON 
THE LEGAL PROTECTION OF DATABASES; AND TO PROVIDE FOR RELATED MATTERS. [10th July, 2000] 
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: 
PART I 
Preliminary and General 
1.—(1) This Act may be cited as the Copyright and Related Rights 
Act, 2000. 
1 O.J. No. L.122, 17/5/1991, p. 42 
2 O.J. No. L.346, 27/11/1992, p. 61 
3 O.J. No. L.290, 24/11/1993, p. 9 
4 O.J. No. L.248, 6/10/1993, p. 13 
5 O.J. No. L.077, 27/3/1996, p. 20 
23 Short title and 
commencement. Pt.I S.1 
Interpretation. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(2) This Act shall come into operation on such day or days as the 
Minister may by order or orders either generally or with reference 
to any particular purpose appoint, and different days may be so appointed for different purposes or different provisions of this Act. 
(3) An order under subsection (2) may, in respect of the repeals 
or revocations effected by section 10 of the enactments mentioned in 
the Second Schedule, fix different days for the repeal or revocation 
of different enactments or for the repeal or revocation for different purposes of any enactment. 
2.—(1) In this Act, unless the context otherwise requires— 
‘‘Act of 1927’’ means the Industrial and Commercial Property (Protection) Act, 1927; 
‘‘anonymous work’’ means a work where the identity of the author 
is unknown or, in the case of a work of joint authorship, where the identity of the authors is unknown; 
‘‘appropriate court’’ means— 
(a) the District Court, where the damages or the value of the 
other relief sought in any action to which the application 
relates is not liable to exceed such sum as stands specified by an enactment to be the jurisdiction of the District Court for actions in contract or tort, 
(b) the Circuit Court, where the damages or the value of the 
other relief sought in any action to which the application relates is not liable to exceed such sum as stands specified by an enactment to be the jurisdiction of the Circuit Court for actions in contract or tort, and 
(c) in any other case, the High Court; 
‘‘artistic work’’ includes a work of any of the following descriptions, irrespective of their artistic quality— 
(a) photographs, paintings, drawings, diagrams, maps, charts, 
plans, engravings, etchings, lithographs, woodcuts, prints or similar works, collages or sculptures (including any cast or model made for the purposes of a sculpture), 
(b) works of architecture, being either buildings or models for 
buildings, and 
(c) works of artistic craftsmanship; 
‘‘author’’ has the meaning assigned to it by section 21; 
‘‘authorised broadcaster’’ means Radio Telefı ´sE´ ireann, Seirbhı ´sı´ 
Theilifı ´s na Gaeilge Teoranta or a person with whom the Indepen-
dent Radio and Television Commission has entered into a contract for the provision of broadcasting services under the Radio and Tele-vision Act, 1988, and is licensed under that Act to provide those services; 
‘‘authorised cable programme service provider’’ means the provider 
of any cable programme service other than a cable programme ser-vice provided unlawfully; 
24 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
‘‘broadcast’’ means a transmission by wireless means, including by Pt.I S.2 
terrestrial or satellite means, for direct public reception or for pres-
entation to members of the public of sounds, images or data or any combination of sounds, images or data, or the representations there-of, but does not include MMDS service; 
‘‘building’’ includes any structure; ‘‘cable programme’’ means any item included in a cable programme 
service; 
‘‘cable programme service’’ means a service, including MMDS, which 
consists wholly or mainly of sending sounds, images or data or any combination of sounds, images or data, or the representations 
thereof, by means of a telecommunications system— 
(a) for reception at 2 or more places (whether for simultaneous 
reception or at different times in response to requests by 
different users), or 
(b) for presentation to members of the public, 
but shall not include: 
(i) a service or part of a service of which it is an essential fea-
ture that while sounds, images or data or any combi-nation of sounds, images or data, or the representations thereof, are being conveyed by the person providing the service, there may be sent from each place of reception, by means of the same system or, as the case may be, the same part of it, data (other than signals sent for the oper-ation or control of the service) for reception by the per-son providing the service or other persons receiving the service; 
(ii) a service operated for the purposes of a business, trade or 
profession where— 
(I) no person except that person carrying on the busi-
ness, trade or profession is concerned in the control 
of the apparatus comprised in the system, 
(II) sounds, images or data or any combination of sounds, 
images or data, or the representations thereof, are conveyed by the system exclusively for the purposes of the internal management of that business, trade 
or profession and not for the purpose of rendering a service or providing amenities for others, and 
(III) the system is not connected to any other telecom-
munications system; 
(iii) a service operated by an individual where— 
(I) all the apparatus comprised in the system is under his 
or her control, 
(II) sounds, images or data or any combination of sounds, 
images or data, or the representations thereof, con-veyed by the system are conveyed solely for his or her private and domestic use by that individual, and 
25 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Pt.I S.2 (III) the system is not connected to any other telecom-
munications system; 
(iv) services, other than services operated as part of the ameni-
ties provided for residents or occupants of premises oper-
ated as a business, trade or profession, where— 
(I) all the apparatus comprised in the system is situated 
in, or connects, premises which are in single occu-
pation, and 
(II) the system is not connected to any other telecom-
munications system; 
(v) services which are, or to the extent that they are, operated 
for persons providing broadcasting or cable programme services or providing programmes for such services; 
‘‘computer-generated’’, in relation to a work, means that the work is generated by computer in circumstances where the author of the work is not an individual; 
‘‘computer program’’ means a program which is original in that it is 
the author’s own intellectual creation and includes any design materials used for the preparation of the program; 
‘‘Controller’’ means the Controller of Patents, Designs and Trade 
Marks; 
‘‘copyright work’’ means a work in which copyright subsists; ‘‘database’’ means a collection of independent works, data or other 
materials, arranged in a systematic or methodical way and individu-ally accessible by any means but excludes computer programs used in the making or operation of a database; 
‘‘disability’’ has the same meaning as in section 48 of the Statute of 
Limitations, 1957; 
‘‘dramatic work’’ includes a choreographic work or a work of mime; ‘‘educational establishment’’ means— 
(a) any school, 
(b) any university to which the Universities Act, 1997, applies, 
and 
(c) any other educational establishment prescribed by the Mini-
ster under section 55; 
‘‘EEA Agreement’’ means the Agreement on the European Econ-
omic Area signed at Oporto on 2 May 1992, as adjusted by the Proto-col signed at Brussels on 17 March 1993 and as amended from time to time; 
‘‘enactment’’ means an Act of the Oireachtas or an instrument made 
thereunder; 
‘‘film’’ means a fixation on any medium from which a moving image 
may, by any means, be produced, perceived or communicated through a device; 
26 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
‘‘fixation’’ means the embodiment of sounds or images or any combi- Pt.I S.2 
nation of sounds or images, or the representations thereof, from 
which they can be perceived, reproduced or communicated through a device; 
‘‘general licence’’ means a licence granted by a licensing body that 
includes all works of the description to which it applies; 
‘‘judicial proceeding’’ includes proceedings before any court or tri-
bunal which has power to hear, receive and examine evidence on oath or otherwise and has authority to decide any matter affecting the legal rights or liabilities of a person; 
‘‘licensing body’’ means a body referred to in section 38, 149, 265 or 
340, as the case may be; 
‘‘literary work’’ means a work, including a computer program, but 
does not include a dramatic or musical work or an original database, which is written, spoken or sung; 
‘‘marketed’’ means sold, hired, rented or lent, or offered or exposed 
for sale, hire, rental or loan, or otherwise distributed, and references to ‘‘marketing’’ shall be construed accordingly; 
‘‘Member State of the EEA’’ means a state which is a contracting 
state to the EEA Agreement; 
‘‘Minister’’ means the Minister for Enterprise, Trade and 
Employment; 
‘‘MMDS’’ means a Multipoint Microwave Distribution System; 
‘‘musical work’’ means a work consisting of music, but does not 
include any words, or action, intended to be sung, spoken or perform-ed with the music; 
‘‘original database’’ means a database in any form which by reason 
of the selection or arrangement of its contents constitutes the original 
intellectual creation of the author; 
‘‘parliamentary proceeding’’ includes proceedings of either or both of 
the Houses of the Oireachtas or committees established by either or both of the Houses of the Oireachtas or proceedings of the European Parliament or committees established by the European Parliament; 
‘‘photograph’’ means a recording of light, or any other radiation on 
any medium on which an image is produced, or from which an image may by any means be produced and which is not part of a film; 
‘‘premises’’ means any building or place, including any land, vehicle, 
vessel, moveable structure, trailer, hovercraft or aircraft; 
‘‘prescribe’’ means prescribe by regulations and cognate words shall 
be construed accordingly; 
‘‘producer’’, in relation to a film or sound recording, means the per-
son by whom the arrangements necessary for the making of the film or sound recording, as the case may be, are undertaken; 
‘‘protection-defeating device’’ includes any device, function or prod-
uct, or component incorporated into a device, function or product, the primary purpose or effect of which is to avoid, bypass, remove, 
27 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Pt.I S.2 deactivate or otherwise circumvent, without authority, any rights 
protection measure; 
‘‘pseudonymous work’’ means a work where the pseudonym adopted 
by the author or, in the case of a work of joint authorship the authors, does not reveal the identity of the author or authors and the identity of the author or authors is unknown; 
‘‘published edition’’, in relation to the copyright in the typographical 
arrangement of a published edition, means a published edition of the whole or any part of one or more literary, dramatic or musical works 
or original databases; 
‘‘repeat broadcast’’ means a repeat of a broadcast which has been 
previously transmitted; 
‘‘repeat cable programme’’ means a repeat of a cable programme 
which has been previously included in a cable programme service; 
‘‘reprographic process’’ means a process— 
(a) for making facsimile copies, or 
(b) involving the use of an appliance for making multiple copies, 
and includes, in relation to a work held in electronic form, any copy-
ing by electronic means, but does not include the making of a film or sound recording; 
‘‘rights protection measure’’ means any process, treatment, mechan-
ism or system which is designed to prevent or inhibit the unauthor-ised exercise of any of the rights conferred by this Act; 
‘‘sound recording’’ means a fixation of sounds, or of the represen-
tations thereof, from which the sounds are capable of being repro-duced, regardless of the medium on which the recording is made, or the method by which the sounds are reproduced; 
‘‘statutory inquiry’’ means an inquiry held, or investigation conduct-
ed, pursuant to a duty imposed or power conferred by an enactment; 
‘‘statutory register’’ means a register maintained pursuant to a statu-
tory requirement; 
‘‘statutory requirement’’ means a requirement imposed by an 
enactment; 
‘‘sufficient acknowledgement’’ has the meaning assigned to it by 
section 51; 
‘‘telecommunications system’’ means a system for conveying sounds, 
data or information or any combination of sounds, images or infor-mation, or the representations thereof, by means of a wire, beam or any other conducting device through which electronically generated programme-carrying signals are guided over a distance; 
‘‘work’’ means a literary, dramatic, musical or artistic work, sound 
recording, film, broadcast, cable programme, typographical arrange-ment of a published edition or an original database and includes a computer program except in Part II, Chapter 7 where ‘‘work’’ means 
‘‘literary, dramatic, musical or artistic work or film’’; 
28 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
‘‘work of joint authorship’’ has the meaning assigned to it by section Pt.I S.2 
22; 
‘‘writing’’ includes any form of notation or code whether by hand or 
otherwise and regardless of the method by which, or medium in or on which, it is recorded, and references to ‘‘written’’ shall be construed accordingly. 
(2) A reference in this Act to the reception of a broadcast shall 
include the reception of a broadcast relayed by means of a telecom-
munications system. 
(3) A reference in this Act to a prescribed archive shall include 
references to a prescribed museum. 
(4) A reference in this Act to an archive shall include references 
to a museum and a reference in this Act to an archivist shall include references to a curator. 
(5) A reference in this Act to a librarian or archivist shall include 
references to a person acting on his or her behalf. 
(6) A computer program used in the making or operation of data-
bases shall not be regarded as a database. 
(7) The author of a work shall be deemed to be known where it 
is possible for a person, without previous knowledge of the facts, to ascertain the identity of the author of the work by reasonable enquiry. 
(8) The authors of a work of joint authorship shall be deemed to 
be known where it is possible for a person, without previous know-ledge of the facts, to ascertain the identity of one or more of the authors of the work by reasonable enquiry. 
(9) References in this Act to a permanent collection shall include 
a collection of works or sound recordings in the possession of a 
library or archive that have been loaned to that library or archive 
for an indefinite period. 
(10) Where an act which would otherwise infringe any of the 
rights conferred by this Act is permitted under this Act it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict that act. 
(11) A reference in this Act to the copyright owner or the rights-
owner shall include a reference to a person designated by the copy-right owner or the rightsowner to act on his or her behalf in infringe-ment proceedings. 
(12) (a) A reference in this Act to a Part, Chapter, Division, 
section or Schedule is a reference to a Part, Chapter, Div-ision or section of, or Schedule to, this Act unless it is indicated that a reference to some other Act is intended. 
(b) A reference in this Act to a subsection, paragraph or sub-
paragraph is to the subsection, paragraph or subpara-graph of the provision in which the reference occurs unless it is indicated that reference to some other pro-vision is intended. 
29 Pt.I S.2 
Construction of 
references to rightsowner. 
Construction of 
references to copyright. 
Encrypted 
broadcasts. 
Making and 
protection of broadcasts. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(c) A reference in this Act to any other enactment shall, 
except where the context otherwise requires, be con-strued as a reference to that enactment as amended by or under any other enactment including this Act. 
3.—(1) In the case of a right conferred by this Act to which differ-
ent persons are entitled (whether in consequence of a partial assign-ment of such right or otherwise) in respect of the application of the right— 
(a) to undertake different acts or classes of acts restricted by 
that right, or 
(b) to undertake one or more acts or classes of acts restricted 
by that right in different countries, territories, states or areas, or at different times, 
the rightsowner shall be deemed to be the person who is entitled to the right in respect of its application to the undertaking of the act or class of acts restricted by the right, or, as the case may be, to the undertaking of the act or class of acts restricted by the right in the particular country, territory, state or area or at the particular time, which is relevant to the purpose concerned. 
(2) In relation to a future right to which different persons are pro-
spectively entitled, references in this Act to the prospective owner shall be construed accordingly. 
(3) Where a right conferred by this Act (or any aspect of such 
right) is owned by more than one person jointly, references in this Act to the rightsowner are to all the owners, and any requirement of the licence of the rightsowner requires the licence of all of the owners. 
4.—(1) References in this Act to copyright shall include references 
to copyright under any previous enactment conferring copyright. 
(2) References in the Act of 1927 to Part VI or VII of that Act 
shall be deemed to include references to this Act. 
5.—A broadcast that is encrypted shall be regarded as being 
broadcast for lawful direct public reception where the means required for decoding the signals for those broadcasts have been made available by, or with the authority of, the person making the broadcast. 
6.—(1) Subject to subsection (3), a reference in this Act to the 
person making a broadcast, broadcasting a work, or including a work in a broadcast shall be construed as a reference— 
(a) to the person transmitting the programme, where he or she 
has responsibility to any extent for its contents, and 
(b) to any person providing the programme who makes the 
arrangements necessary for its transmission with the per-son transmitting that programme, 
and references to a programme, in the context of broadcasting, shall be construed as references to any item included in the broadcast. 
30 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(2) Subject to subsection (3), the place from which a broadcast is 
made is the place where, under the control and responsibility of the 
person making the broadcast, the programme-carrying signals are introduced into an uninterrupted chain of communication including, in the case of a satellite transmission, the chain leading to the satellite and down towards the earth. 
(3) Where the place from which a broadcast by way of satellite 
transmission is made is located in a country, territory, state or area other than a Member State of the EEA and the law of that country, territory, state or area fails to provide, at least, the following level of protection: 
(a) exclusive rights in relation to broadcasting equivalent to 
those conferred by section 37; 
(b) a right in relation to live broadcasting equivalent to that 
conferred on a performer by section 204; and 
(c) a right for authors of sound recordings and performers to 
share in a single equitable remuneration in respect of the broadcasting of sound recordings, 
then, the following provisions shall apply: 
(i) where the place from which the programme-carrying signals 
are transmitted to the satellite (in this Act that place is referred to as the ‘‘uplink station’’) is located in a Mem-ber State of the EEA— 
(I) that uplink station shall be treated as the place from 
which the broadcast is made, and 
(II) the person operating the uplink station shall be 
treated as the person making the broadcast; 
or 
(ii) where the uplink station is not located in a Member State 
of the EEA but a person who is established in a Member 
State of the EEA has commissioned the making of the broadcast— 
(I) the place in which that person has his or her principal 
establishment in a Member State of the EEA shall 
be treated as the place from which the broadcast is made, and 
(II) that person shall be treated as the person making the 
broadcast. 
7.—(1) The Minister may make regulations for the purpose of 
enabling this Act to have full effect. 
(2) Regulations made under this section may contain such inciden-
tal, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of this Act. 
(3) The Minister may make regulations for prescribing any matter 
referred to in this Act as prescribed. 
31 Pt.I S.6 
Regulations and 
orders. Pt.I S.7 
Laying of 
regulations and orders. 
Expenses. 
Transitional 
provisions and repeals. 
Prosecution of 
offences. 
Offences by bodies 
corporate. 
Offences by 
members of partnership. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(4) The Government or Minister, as the case may be, may by 
order amend or revoke an order made by the Government or the 
Minister under this Act including an order made under this subsec-tion (other than an order made under section 1(2)). 
8.—Every order (other than an order made under section 1(2))o r 
regulation made by the Minister or the Minister for Finance under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without 
prejudice to the validity of anything previously done thereunder. 
9.—The expenses incurred by the Minister in the administration 
of this Act shall, to such extent as may be sanctioned by the Minister 
for Finance, be paid out of moneys provided by the Oireachtas. 
10.—(1) The First Schedule shall have effect with respect to tran-
sitional matters. 
(2) The Acts mentioned in column (2) of Part I of the Second 
Schedule are hereby repealed to the extent mentioned in column (3) 
of that Schedule. 
(3) The statutory instruments mentioned in column (2) of Part II 
of the Second Schedule are hereby revoked to the extent mentioned 
in column (3) of that Schedule. 
11.—(1) Summary proceedings for an offence under this Act may 
be brought and prosecuted by the Minister. 
(2) Notwithstanding the provisions of section 10(4) of the Petty 
Sessions (Ireland) Act, 1851, summary proceedings for an offence 
under this Act may be commenced at any time within 12 months 
from the date on which the offence was committed. 
12.—Where an offence under this Act is committed by a body 
corporate and is proved to have been so committed with the consent, connivance or approval of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or any other person who was acting or pur-porting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. 
13.—(1) Without prejudice to any liability of a partner under sub-
section (3), where an offence under this Act is committed by a part-nership any proceedings shall be brought against the partnership in the name of the partnership and not in the name of the individual partner. 
(2) A fine imposed on a partnership on its conviction in pro-
ceedings brought under subsection (1) shall be paid out of the assets 
of the partnership. 
32 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(3) Where a partnership is guilty of an offence under this Act, 
every partner, other than a partner who is proved to have been ignor-
ant of or to have attempted to prevent commission of the offence, 
shall also be guilty of the offence and shall be liable to be proceeded against and punished accordingly. 
14.—(1) A notice required to be served or given under this Act 
shall, subject to subsection (2), be addressed to the person concerned 
by name, and may be served on or given to the person in one of the following ways— 
(a) by delivering it to the person, 
(b) by leaving it at the address at which the person ordinarily 
resides or, in a case in which an address for service has been furnished, at that address, 
(c) by sending it by post in a prepaid letter to the address at 
which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address, 
(d) by sending it by such other method (including electronic 
method) as the Minister may decide, 
(e) where the address at which the person ordinarily resides 
cannot be ascertained by reasonable enquiry and notice is required to be served on, or given to, him or her in respect of any premises, by delivering it to a person over the age of 16 years of age resident in or employed at the premises or by affixing it in a conspicuous position on or near the premises. 
(2) Where a notice under this Act is to be served on or given to 
a person who is the owner or occupier of any premises and the name of the person cannot be ascertained by reasonable enquiry, it may be addressed to the person by using the words ‘‘the owner’’ or, as 
the case may require, ‘‘the occupier’’. 
(3) For the purposes of this section, a company within the mean-
ing of the Companies Acts, 1963 to 1999, shall be deemed to be 
ordinarily resident at its registered office, and every other body cor-porate, unincorporated body or person, including a partnership shall be deemed to be ordinarily resident at its principal office or place of business. 
(4) A person shall not at any time during the period of 3 months 
after a notice is affixed under subsection (1)(e) remove, alter, damage 
or deface the notice without lawful authority. 
(5) A person who contravenes subsection (4) shall be guilty of an 
offence and shall be liable on summary conviction to a fine not exceeding £1,500. 
15.—The Public Offices Fees Act, 1879, shall not apply in respect 
of any fees payable under this Act. 
16.—An appeal lies from the making of an order under this Act— 
(a) from the District Court to the Circuit Court, where the 
order is made by the District Court, 
33 Pt.I S.13 
Service of notices. 
Fees. 
Jurisdiction of 
Courts. Pt.I S.16 
Copyright and 
copyright works. 
Copyright in 
literary, dramatic or musical works and original databases. 
Copyright in sound 
recordings. 
Exclusion of 
copyright in retransmission. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(b) from the Circuit Court to the High Court, where the order 
is made by the Circuit Court, 
(c) from the Central Criminal Court to the Court of Criminal 
Appeal, where the order is made by the Central Criminal 
Court. 
PART II 
Copyright 
Chapter 1 
Subsistence of Copyright 
17.—(1) Copyright is a property right whereby, subject to this Act, 
the owner of the copyright in any work may undertake or authorise other persons in relation to that work to undertake certain acts in the State, being acts which are designated by this Act as acts restricted by copyright in a work of that description. 
(2) Copyright subsists, in accordance with this Act, in— 
(a) original literary, dramatic, musical or artistic works, 
(b) sound recordings, films, broadcasts or cable programmes, 
(c) the typographical arrangement of published editions, and 
(d) original databases. 
(3) Copyright protection shall not extend to the ideas and prin-
ciples which underlie any element of a work, procedures, methods of operation or mathematical concepts and, in respect of original databases, shall not extend to their contents and is without prejudice to any rights subsisting in those contents. 
(4) Copyright shall not subsist in a work unless the requirements 
for copyright protection specified in this Part with respect to qualifi-cation are complied with. 
(5) Copyright shall not subsist in a work which infringes, or to the 
extent that it infringes, the copyright in another work. 
(6) Copyright shall not subsist in a work which is, or to the extent 
that it is, a copy taken from a work which has been previously made available to the public. 
18.—(1) Copyright shall not subsist in a literary, dramatic or musi-
cal work or an original database until that work is recorded in writing or otherwise by or with the consent of the author. 
(2) References in this Part to the time at which, or the period 
during which, a work referred to in subsection (1) is made are to the 
time at which, or the period during which, that work is so recorded. 
(3) Copyright may subsist in a work that is recorded and may sub-
sist in the recording of a work. 
19.—Copyright shall not subsist in a sound recording until the first 
fixation of the sound recording is made. 
20.—(1) Subject to subsection (2), copyright shall not subsist in the 
transmission of a broadcast or other material in a cable programme 
service unless the transmission alters the content of the broadcast or other materials. 
34 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(2) Nothing in subsection (1) shall affect the copyright subsisting 
in the broadcast or other material arising other than by virtue of the 
transmission. 
Chapter 2 
Authorship and Ownership of Copyright 
21.—In this Act, ‘‘author’’ means the person who creates a work 
and includes: 
(a) in the case of a sound recording, the producer; 
(b) in the case of a film, the producer and the principal director; 
(c) in the case of a broadcast, the person making the broadcast 
or in the case of a broadcast which relays another broad-cast by reception and immediate retransmission, without alteration, the person making that other broadcast; 
(d) in the case of a cable programme, the person providing the 
cable programme service in which the programme is included; 
(e) in the case of a typographical arrangement of a published 
edition, the publisher; 
(f) in the case of a work which is computer-generated, the per-
son by whom the arrangements necessary for the creation 
of the work are undertaken; 
(g) in the case of an original database, the individual or group 
of individuals who made the database; and 
(h) in the case of a photograph, the photographer. 
22.—(1) In this Act, ‘‘a work of joint authorship’’ means a work 
produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other author or authors. 
(2) A film shall be treated as a work of joint authorship unless the 
producer and the principal director are the same person. 
(3) A broadcast shall be treated as a work of joint authorship if 
more than one person makes the broadcast and the contribution of each person is not distinct from that of any of the others involved in making that broadcast. 
(4) References in this Act to the author of a work shall, unless 
otherwise provided, be construed, in relation to a work of joint authorship, as references to all of the authors of the work. 
23.—(1) The author of a work shall be the first owner of the copy-
right unless— 
(a) the work is made by an employee in the course of employ-
ment, in which case the employer is the first owner of any copyright in the work, subject to any agreement to the contrary, 
35 Pt.II S.20 
Interpretation of 
author. 
Works of joint 
authorship. 
First ownership of 
copyright. Pt.II S.23 
Duration of 
copyright in a literary, dramatic, musical or artistic work or an original database. 
Duration of 
copyright in films. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(b) the work is the subject of Government or Oireachtas 
copyright, 
(c) the work is the subject of the copyright of a prescribed inter-
national organisation, or 
(d) the copyright in the work is conferred on some other person 
by an enactment. 
(2) Where a work, other than a computer program, is made by an 
author in the course of employment by the proprietor of a newspaper 
or periodical, the author may use the work for any purpose, other than for the purposes of making available that work to newspapers or periodicals, without infringing the copyright in the work. 
Chapter 3 
Duration of Copyright 
24.—(1) The copyright in a literary, dramatic, musical or artistic 
work, or an original database shall expire 70 years after the death of the author, irrespective of the date on which the work is first lawfully made available to the public. 
(2) The copyright in a work specified in subsection (1) which is 
anonymous or pseudonymous shall expire 70 years after the date on which the work is first lawfully made available to the public. 
(3) In respect of an anonymous or pseudonymous work referred 
to in subsection (2)— 
(a) where the pseudonym adopted by the author leaves no doubt 
as to his or her identity, 
(b) where the author discloses his or her identity, or 
(c) where his or her identity becomes known during the 70 years 
from the date on which the work is first lawfully made available to the public, 
the copyright in that work shall expire 70 years after the death of that author. 
25.—(1) Subject to subsection (2), the copyright in a film shall 
expire 70 years after the last of the following persons dies, namely: 
(a) the principal director of the film; 
(b) the author of the screenplay of the film; 
(c) the author of the dialogue of the film; 
(d) the author of music specifically composed for use in the film. 
(2) Where a film is first lawfully made available to the public dur-
ing the period of 70 years following the death of the last of the per-
sons specified in subsection (1), the copyright in that film shall expire 
70 years after the date of such making available. 
36 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(3) Where the copyright in a film has expired, a person who, after 
such expiration, makes available to the public the film or causes the 
film to be so made available shall not infringe the copyright in any work included in the film. 
26.—The copyright in a sound recording shall expire— 
(a) 50 years after the sound recording is made, or 
(b) where it is first lawfully made available to the public during 
the period specified in paragraph (a), 50 years after the 
date of such making available. 
27.—(1) The copyright in a broadcast shall expire 50 years after 
the broadcast is first lawfully transmitted. 
(2) The copyright in a repeat broadcast shall expire at the same 
time as the copyright in the original broadcast and no copyright shall subsist in a repeat broadcast which is transmitted after the expiration of the copyright in the original broadcast. 
28.—(1) The copyright in a cable programme shall expire 50 years 
after the cable programme is first lawfully included in a cable pro-gramme service. 
(2) The copyright in a repeat cable programme shall expire at the 
same time as the copyright in the original cable programme and no copyright shall subsist in a repeat cable programme which is included in a cable programme service after the expiration of the copyright in the original cable programme. 
29.—The copyright in a typographical arrangement of a published 
edition shall expire 50 years after the date on which it is first lawfully 
made available to the public. 
30.—The copyright in a work which is computer-generated shall 
expire 70 years after the date on which the work is first lawfully 
made available to the public. 
31.—Where a work is lawfully made available to the public in vol-
umes, parts, instalments, issues or episodes and the copyright subsists from the date on which the work is so made available, the copyright shall subsist in respect of each separate item. 
32.—(1) Where the identity of the author of an anonymous or 
pseudonymous work becomes known or is disclosed after the term of copyright provided in section 24(2) has expired, the term of copy-
right provided in subsection (1) of that section shall not apply, and 
copyright in the work shall be deemed to have expired 70 years from the date on which the work was first lawfully made available to the public. 
(2) Copyright shall not subsist in an anonymous or pseudonymous 
literary, dramatic, musical or artistic work, or original database where it is reasonable to presume that the author has been dead for 70 years or more. 
37 Pt.II S.25 
Duration of 
copyright in sound recordings. 
Duration of 
copyright in broadcasts. 
Duration of 
copyright in cable programmes. 
Duration of 
copyright in typographical arrangements. 
Duration of 
copyright in computer-generated works. 
Duration of 
copyright in works in volumes, parts, etc. 
Miscellaneous 
matters in relation to duration. Pt.II S.32 
Expiry of copyright. 
Making available of 
a work not previously made available. 
Calculation of term 
of copyright. 
Non-application of 
certain provisions on duration to Government copyright, etc. 
Acts restricted by 
copyright in a work. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(3) Copyright shall not subsist in an anonymous or pseudonymous 
film where it is reasonable to presume that the last of any of the 
persons specified in section 25 has been dead for 70 years or more. 
(4) In relation to works of joint authorship, the reference in 
section 24 to the death of the author shall be construed— 
(a) where the identity of all of the authors is known, as a refer-
ence to the death of the last of the joint authors, or 
(b) where the identity of any of the authors is known and the 
identity of one or more of the others is not, as a reference to the death of the last of the joint authors whose identity is known. 
(5) In relation to a work of joint authorship, references to the 
identity of the author becoming known or being disclosed shall be construed as references to the identity of any of the authors becom-ing known or being disclosed. 
33.—Where the term of copyright in a work is not calculated from 
the death of the author or authors and the work is not lawfully made available to the public within 70 years of its creation, the copyright in that work shall expire on the expiration of that period of 70 years. 
34.—Any person who, after the expiration of the copyright in a 
work, lawfully makes available to the public for the first time a work which was not previously so made available, shall benefit from rights equivalent to the rights of an author, other than the moral rights, for 25 years from the date on which the work is first lawfully made avail-able to the public. 
35.—Where a term of copyright is provided for in this Act, the 
term shall be calculated from the first day of January of the year following the event that gives rise to that term. 
36.—Sections 24 to 35 shall not apply to Government or Oireachtas 
copyright or to the copyright of prescribed international organ-isations. 
Chapter 4 
Rights of Copyright Owner 
37.—(1) Subject to the exceptions specified in Chapter 6 and to 
any provisions relating to licensing in this Part, the owner of the copyright in a work has the exclusive right to undertake or authorise others to undertake all or any of the following acts, namely: 
(a) to copy the work; 
(b) to make available to the public the work; 
(c) to make an adaptation of the work or to undertake either 
of the acts referred to in paragraph (a) or (b) in relation 
to an adaptation, 
38 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
and those acts shall be known and in this Act referred to as ‘‘acts 
restricted by copyright’’. 
(2) The copyright in a work is infringed by a person who without 
the licence of the copyright owner undertakes, or authorises another to undertake, any of the acts restricted by copyright. 
(3) References to the undertaking of an act restricted by the copy-
right in a work shall relate to the work as a whole or to any substan-tial part of the work and to whether the act is undertaken directly or indirectly. 
38.—(1) Notwithstanding the provisions of section 37, where a 
person proposes to— 
(a) play a sound recording in public, or 
(b) include a sound recording in a broadcast or a cable pro-
gramme service, 
he or she may do so as of right where he or she— 
(i) agrees to make payments in respect of such playing 
or inclusion in a broadcast or a cable programme service to a licensing body, and 
(ii) complies with the requirements of this section. 
(2) A person may avail of the right to play a sound recording 
in public or to include a sound recording in a broadcast or a cable programme service, where he or she— 
(a) gives notice to each licensing body concerned of his or her 
intention to play sound recordings in public or include sound recordings in a broadcast or a cable programme service, 
(b) informs each of those bodies of the date on and from which 
he or she intends to play sound recordings in public or include sound recordings in a broadcast or a cable pro-gramme service, 
(c) makes payments to the licensing body at intervals of not less 
than 3 months in arrears, 
(d) complies with any reasonable conditions relating to pay-
ments under this section as may be notified to him or her by the licensing body from time to time, and 
(e) complies with any reasonable requests for information from 
the licensing body to enable it to calculate and manage payments under this section. 
(3) A person who satisfies the conditions specified in subsection 
(2) shall be deemed to be in the same position as regards infringe-
ment of copyright as if he or she had been the holder of a licence granted by the owner of the copyright in question at all material times. 
(4) Where the person intending to play sound recordings in public 
or to include sound recordings in a broadcast or a cable programme 
39 Pt.II S.37 
Playing of sound 
recordings — licences of right. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Pt.II S.38 service and the licensing body fail to reach agreement as to fair pay-
ment under subsection (2) within a reasonable time, the terms of the 
proposed agreement shall be referred to the Controller for determi-
nation of the amount and terms of payment. 
(5) In the case of a dispute referred to the Controller under sub-
section (4), a person shall not exercise the right conferred by subsec-
tion (1) unless he or she— 
(a) gives reasonable notice to the Controller that he or she has 
commenced or intends to commence the playing of sound recordings in public and that a dispute has arisen between him or her and the licensing body concerned as to the 
terms of payment and the exercise of the right; and 
(b) applies to the Controller for a determination under subsec-
tion (4). 
(6) Where the terms of a proposed agreement are referred to the 
Controller under subsection (4) a person shall not exercise a right 
conferred by subsection (1) unless he or she— 
(a) gives notice in writing to the Controller of his or her inten-
tion to exercise the right, and of the date on which he or 
she proposes to begin to do so, and 
(b) applies in writing to the Controller for a determination 
under subsection (4). 
(7) On an application to settle the terms of payment being 
referred to the Controller, he or she shall consider the matter and make such order as he or she may determine to be reasonable in the circumstances and that order shall take effect on and from the date on which the applicant begins to exercise the right, and any necessary repayments or further payments shall be made in respect of amounts which, in consequence of the terms of the order, have fallen due. 
(8) Where no request for payment has been made by the licensing 
body, or where the amount requested by the licensing body is dis-puted by the person exercising the right then, pending the making of an order by the Controller under subsection (7), the person exercis-
ing the right shall pay to the licensing body such amount as he or she considers reasonable, and shall notify the licensing body and the Controller of his or her intention to do so. 
(9) A person exercising the right conferred by subsection (1),o r 
who has given notice to the Controller of his or her intention to do so, may also refer to the Controller the question of— 
(a) whether any condition relating to payment, notice of which 
has been given to him or her by the licensing body con-cerned is a reasonable condition, or 
(b) whether any licence condition, notice of which has been 
given to him or her by the licensing body in question, is a reasonable condition, or 
(c) whether any information required by the licensing body is 
information which the licensing body can reasonably require him or her to provide. 
40 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(10) Where a reference is made under subsection (9), the Control-
ler shall consider the matter and make such order as he or she may 
determine to be reasonable in the circumstances. 
(11) A person exercising the right conferred by subsection (1) or 
a licensing body may apply to the Controller to review any order under subsection (7) or (10). 
(12) An application under subsection (11) may 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 the order was made so as to be in force for 15 months 
or less or, as a result of the decision on a previous appli-cation, is due to expire within 15 months of that decision, 
until at least 3 months before the expiration of the order. 
(13) Where an application is made under subsection (11), the Con-
troller shall consider the matter and make such order confirming or varying the original order as he or she may determine to be reason-able in the circumstances and any order made under this subsection shall be for such period as may be specified by the Controller. 
(14) This section shall not apply in any circumstances where sound 
recordings are made available to the public by wire or wireless means in such a way that members of the public may access the sound recordings from a place and at a time individually chosen by them (including the making available of copies of sound recordings through the Internet). 
(15) Notwithstanding section 149, in this section ‘‘licensing body’’ 
means a society, a company registered under the Companies Acts, 1963 to 1999, or other organisation which has as one of its objects 
the negotiation or granting of licences to play sound recordings in 
public or to include sound recordings in broadcasts or cable pro-
gramme services, either as owner or prospective owner of copyright 
in the said sound recording or as his or her exclusive licensee, agent 
or designated representative and shall include a human person who has the right to negotiate or grant a licence to play sound recordings in public or to include sound recordings in broadcasts or cable pro-gramme services, either as owner or prospective owner of copyright in the sound recordings. 
39.—(1) References in this Part to copying shall be construed as 
including references to all or any of the following, namely: 
(a) in relation to any work— 
(i) storing the work in any medium, 
(ii) the making of copies which are transient or incidental 
to some other use of the work; 
(b) in relation to an artistic work, the making of a copy in three 
dimensions of a two dimensional work and the making of a copy in two dimensions of a three dimensional work; 
(c) in relation to a film, television broadcast or cable programme, 
making a photograph of the whole or a substantial part 
41 Pt.II S.38 
Reproduction right. Pt.II S.39 
Making available 
right. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
of any image forming part of the film, broadcast or 
programme; 
(d) in relation to a typographical arrangement of a published 
edition, making a reprographic copy of the arrangement. 
(2) There shall be a right of the owner of copyright to copy a work 
or to authorise others to do so which shall be known and in this Part referred to as the ‘‘reproduction right’’. 
40.—(1) References in this Part to the making available to the 
public of a work shall be construed as including all or any of the 
following, namely: 
(a) making available to the public of copies of the work, by wire 
or wireless means, in such a way that members of the 
public may access the work from a place and at a time chosen by them (including the making available of copies of works through the Internet); 
(b) performing, showing or playing a copy of the work in public; 
(c) broadcasting a copy of the work; 
(d) including a copy of the work in a cable programme service; 
(e) issuing copies of the work to the public; 
(f) renting copies of the work; 
(g) lending copies of the work without the payment of remuner-
ation to the owner of the copyright in the work, 
and references to ‘‘lawfully making available to the public’’ shall mean the undertaking of any of the acts referred to in paragraphs 
(a) to (g) by or with the licence of the copyright owner. 
(2) References in this Part to the making available to the public 
of copies of a work shall include the making available to the public of the original of the work. 
(3) Subject to subsection (4), the provision of facilities for enabling 
the making available to the public of copies of a work shall not of itself constitute an act of making available to the public of copies of the work. 
(4) Without prejudice to subsection (3), where a person who pro-
vides facilities referred to in that subsection is notified by the owner of the copyright in the work concerned that those facilities are being used to infringe the copyright in that work and that person fails to remove that infringing material as soon as practicable thereafter that person shall also be liable for the infringement. 
(5) Without prejudice to subsection (4), the Minister may pre-
scribe 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 copyright in the work concerned, 
(b) the grounds that the person requesting the removal of 
material has for such removal, and 
42 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(c) a list of the material which is to be removed. 
(6) References in this Part to ‘‘performance’’, in relation to a 
work, shall include— 
(a) delivery, in the case of lectures, addresses, speeches and ser-
mons, and 
(b) any means of presentation of sounds or images, or any com-
bination of sounds or images or representations thereof, 
including presentation by means of a sound recording, film, broadcast or cable programme of the work. 
(7) Where copyright in a work is infringed by its being performed, 
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 representations thereof, are sent shall not be regarded as liable for the infringement and a performer shall not be regarded as liable for the infringement to the extent that the infringe-ment relates to his or her activity as a performer. 
(8) There shall be a right of the owner of copyright to make avail-
able to the public copies of a work or to authorise others to do so which shall be known and in this Part referred to as the ‘‘making available right’’. 
41.—(1) References in this Part to the issue of copies of a work to 
the public shall be construed as including: 
(a) the act of putting into circulation in a Member State of the 
EEA copies not previously put into circulation in a Mem-ber State of the EEA by or with the licence of the copy-right owner; or 
(b) the act of putting into circulation outside the Member States 
of the EEA copies 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, ref-
erences in this Part to the issue of copies of a work to the public shall not include: 
(a) any subsequent circulation of copies previously put into cir-
culation; or 
(b) any subsequent importation of such copies into the State or 
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 previously put into circu-lation outside the Member States of the EEA. 
(3) References in this section to ‘‘circulation’’ shall include sale, 
rental or loan. 
(4) There shall be a right of the owner of copyright to issue copies 
of a work to the public or to authorise others to do so which shall be known and in this Part referred to as the ‘‘distribution right’’. 
43 Pt.II S.40 
Distribution right. Pt.II 
Rental and lending 
right. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
42.—(1) References in this Part to ‘‘rental’’ or ‘‘lending’’ shall be 
construed as including references to the rental or lending of: 
(a) a literary, dramatic or musical work, film or original 
database; 
(b) an artistic work, other than— 
(i) a work of architecture in the form of a building or a 
model for a building, or 
(ii) a work of applied art; 
(c) a sound recording; or 
(d) a typographical arrangement of a published edition, 
and shall not include, in the case of a computer program, rentals 
where the program itself is not the essential object of the rental. 
(2) In this Part, subject to subsection (3)— 
(a) ‘‘rental’’ means making a copy of a work available for use, 
on terms that it is to be or may be returned after a limited period of time, for direct or indirect economic or com-mercial advantage, and 
(b) ‘‘lending’’ means making a copy of a work available for use, 
on terms that it is to be or may be returned after a limited period of time, otherwise than for direct or indirect econ-omic or commercial advantage, through an establishment to which members of the public have access. 
(3) References in this Part to ‘‘rental’’ or ‘‘lending’’ shall not 
include the making available of copies of a work for the purposes of— 
(a) performing, playing or showing in public, broadcasting or 
inclusion in a cable programme service, 
(b) exhibition in public, or 
(c) on the spot reference use. 
(4) The making of a copy of a work available between establish-
ments to which members of the public have access shall not infringe the copyright in the work. 
(5) For the purpose of this section, where lending by an establish-
ment to which members of the public have access gives rise to a payment the amount of which does not exceed that which is neces-sary to cover the operating costs of the establishment, there is no direct or indirect economic or commercial advantage. 
(6) (a) There shall be a right of the owner of copyright to rent 
copies of a work or to authorise others to do so which shall be known and in this Part referred to as the ‘‘rental right’’. 
(b) There shall be a right of the owner of copyright to lend 
copies of a work or to authorise others to do so which shall be known and in this Part referred to as the ‘‘lending right’’. [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
43.—(1) For the purposes of section 37— 
(a) an adaptation is made when it is recorded in writing or 
otherwise, and 
(b) it shall be immaterial to the interpretation of this section 
whether the adaptation has been recorded in writing or 
otherwise at the time an act restricted by copyright is undertaken. 
(2) Without prejudice to the generality of section 37(1)(c), in this 
Part, ‘‘adaptation’’ in relation to— 
(a) a literary or dramatic work, film, sound recording, broad-
cast, cable programme or typographical arrangement of a published edition, includes— 
(i) a translation, arrangement or other alteration of the 
work, 
(ii) a version of a dramatic work which is converted into 
a non-dramatic work or the conversion of a non-dra-
matic work into a dramatic work, and 
(iii) a version of a work in which the story or action is 
conveyed wholly or mainly by means of pictures in a form suitable for reproduction; 
(b) a musical work, includes a translation, arrangement or other 
alteration or transcription of the work; 
(c) an artistic work, includes a collage of the work with other 
works, an arrangement or other alteration of the work; 
(d) a computer program, includes a translation, arrangement or 
other alteration of the computer program; or 
(e) an original database, includes a translation, arrangement or 
other alteration of the original database. 
(3) In this section ‘‘translation’’, in relation to a computer pro-
gram, includes the making of a version of the computer program in which it is converted into or out of a computer language or code or into a different computer language or code. 
Chapter 5 
Secondary Infringement of Copyright 
44.—(1) In this Part ‘‘infringing copy’’, in relation to a copyright 
work, shall be construed in accordance with this section. 
(2) A copy shall be an infringing copy— 
(a) where the making of it constitutes an infringement of the 
copyright in the work concerned, or 
(b) where it has been or is to be imported into the State, and 
its making in the State would have constituted an infringement of the copyright in the work concerned, or a breach of an exclusive licence agreement relating to that work. 
45 Pt.II 
Infringement by 
adaptation of works. 
Interpretation of 
infringing copy. Pt.II S.44 
Secondary 
infringement: dealing with infringing copy. 
Secondary 
infringement: providing means for making infring-ing copies. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(3) A copy of a work which has previously been issued to the 
public in accordance with section 41 in any Member State of the 
EEA by, or with the licence of, the copyright owner shall not be 
deemed to be an infringing copy for the purposes of subsection (2). 
(4) Where, in any proceedings for infringement of the copyright 
in a work, the issue arises whether a copy is an infringing copy and it is proved that— 
(a) the copy is a copy of the work concerned, and 
(b) copyright subsists in that work or has subsisted at any time 
in that work, 
it shall be presumed until the contrary is proved that the copy was made at a time when copyright subsisted in the work. 
45.—A person infringes the copyright in a work where he or she 
without the licence of the copyright owner— 
(a) sells, rents or lends, or offers or exposes for sale, rental or 
loan, 
(b) imports into the State, otherwise than for his or her private 
and domestic use, 
(c) in the course of a business, trade or profession, has in his or 
her possession, custody or control, or makes available to the public, or 
(d) otherwise than in the course of a business, trade or pro-
fession, makes available to the public to such an extent 
as to prejudice the interests of the owner of the copyright, 
a copy of the work which is, and which he or she knows or has reason to believe is, an infringing copy of the work. 
46.—(1) A person infringes the copyright in a work 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, 
(c) imports into the State, or 
(d) has in his or her possession, custody or control, 
an article specifically designed or adapted for making copies of that work, knowing or having reason to believe that it has been or is to be used to make infringing copies. 
(2) A person infringes the copyright in a work where he or she, 
without the licence of the copyright owner, transmits the work by means of a telecommunications system (otherwise than by broadcast-ing or inclusion in a cable programme service) knowing or having reason to believe that infringing copies of the work may be made by means of the reception of the transmission in the State or elsewhere. 
46 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
47.—(1) Where the copyright in a work is infringed by a perform-
ance at a place of public entertainment, any person who gave per-
mission for that place to be used for the performance shall also be liable for the infringement unless, when that person gave permission, he or she had reason to believe that the performance would not infringe copyright. 
(2) In this section, ‘‘place of public entertainment’’ includes prem-
ises which are occupied mainly for other purposes and which are from time to time made available for hire for the purpose of public entertainment. 
48.—Where the copyright in a work is infringed by a public per-
formance of the work, or by playing or showing the work in public, by means of apparatus for— 
(a) playing sound recordings, 
(b) showing films, or 
(c) receiving sounds or images or any combination of sounds or 
images, or the representations thereof, conveyed by any means, 
the following persons shall also be liable for the infringement: 
(i) a person who supplied the apparatus, or any substantial part 
thereof if, when he or she supplied the apparatus or part thereof— 
(I) he or she knew or had reason to believe that the 
apparatus was likely to be used to infringe copyright, 
or 
(II) in the case of apparatus the normal use of which 
involves a public performance, playing or showing, he or she had reason to believe that it would be used 
to infringe copyright; 
(ii) an owner or occupier of premises who gave permission for 
the apparatus to be brought onto the premises if, when 
the owner or occupier gave permission, he or she knew or had reason to believe that the apparatus was likely to be used to infringe copyright; and 
(iii) a person who supplied a copy of a sound recording or film 
used to infringe copyright if, when the person supplied it, he or she knew or had reason to believe that what was supplied, or a copy made directly or indirectly therefrom, was likely to be used to infringe copyright. 
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 cate-gory of exemption shall not preclude its exemption under another category. 
47 Pt.II 
Secondary 
infringement: permitting use of premises for infringing performances. 
Secondary 
infringement: permitting use of apparatus for infringing performances. 
Exemptions in 
respect of copyright works. Pt.II 
Fair dealing: 
research or private study. 
Fair dealing: 
criticism or review. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
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,o r 
(b) in any other case, the person copying knows or has reason 
to believe that the copying will result in copies of substan-
tially the same material being provided to more than one person at approximately the same time and for substan-tially 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 acknow-ledgement. 
(3) In this Part, ‘‘sufficient acknowledgement’’ means an acknow-
ledgement 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. 
48 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
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 avail-
able 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 man-
ner 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 avail-
able 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, dra-
matic, 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 prep-
aration 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 per-forming 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 avail-able to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes. 
49 Pt.II 
Incidental inclusion 
of copyright material. 
Acts done for 
purposes of instruction or examination. Pt.II 
Anthologies for 
educational use. 
Performing, playing 
or showing work in course of activities of educational establishment. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
54.—(1) Subject to subsection (2), the inclusion of a short passage 
from a literary, dramatic or musical work, original database or typo-
graphical 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 edu-
cational 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 audi-ence 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 con-
nected 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. 
50 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(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 pro-gramme, 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 avail-able 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 edi-tions 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 edu-cational purposes of that establishment without infringing any copy-right 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 pro-portion 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 avail-able 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. 
51 Pt.II S.55 
Recording by 
educational establishments of broadcasts and cable programmes. 
Reprographic 
copying by educational establishments of certain works. 
Copyright not 
infringed by lending. Pt.II S.58 
Regulations relating 
to copying by libraries and archives. 
Libraries and 
archives: declarations. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(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 Mini-
ster 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 pre-
scribed 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 collec-tion 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 avail-
able 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 declar-
ation 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 declar-
ation 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— 
52 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(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 pre-
scribed 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 pre-
scribed 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. 
53 Pt.II S.60 
Copying by 
librarians or archivists: articles in periodicals. 
Copying by 
librarians or archivists: parts of works lawfully made available to public. 
Multiple copying. Pt.II 
Copying by 
librarians or archivists: supply of copies to other libraries and archives. 
Copying by 
librarians or archivists: replacement copies of works. 
Copying by 
librarians or archivists for certain purposes. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
64.—(1) The librarian or archivist of a prescribed library or pre-
scribed 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 infring-
ing 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 mak-ing of the copy. 
65.—(1) The librarian or archivist of a prescribed library or pre-
scribed 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 practi-
cable 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 pre-
scribed 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. 
54 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(2) This section shall apply to copying conducted for the curatorial 
purposes specified in subsection (1), and to an extent reasonably jus-
tified by the non-commercial purpose to be achieved. 
67.—(1) The librarian or archivist of a prescribed library or pre-
scribed 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 desig-nated 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 copy-
ing of a work which is itself a report of the proceedings which has been lawfully made available to the public. 
55 Pt.II S.66 
Copying by 
librarians or archivists: certain works not lawfully made available to public. 
Copy of work 
required to be made as condition of export. 
Copying by 
librarians or archivists: exemptions. 
Copying by 
librarians or archivists: infringing copy. 
Parliamentary and 
judicial proceedings. Pt.II 
Statutory inquiries. 
Copying of material 
in public records. 
Material open to 
public inspection or on statutory register. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
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 copy-
ing 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 avail-
able to the public of copies of a report of a statutory inquiry contain-ing 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 require-ment, 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, the 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 with-out 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 pre-scribed, 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 infor-mation 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. 
56 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(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 Govern-
ment or either or both of the Houses of the Oireachtas for any pur-
pose, 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 avail-able 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. 
57 Pt.II S.74 
Works 
communicated to Government or Oireachtas. 
Acts done under 
statutory authority. 
Savings. Pt.II S.77 
Acts done in 
reliance on registration of design. 
Exception from 
protection of copyright in certain works. 
Back-up copies of 
computer programs. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(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 cus-toms 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 with-
out 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 sub-stantially functional, and 
(b) the object is one of a number, in excess of 50, of identical 
objects which have been manufactured and made com-mercially 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. 
58 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(2) For the purposes of this section and sections 81 and 82, a per-
son is a ‘‘lawful user’’ of a computer program where, whether under 
a licence to undertake any act restricted by the copyright in the pro-gram 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 interoperabi-lity 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 pro-
gram 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. 
59 Pt.II S.80 
Lawful copies of 
computer programs. 
Exceptions to 
infringement of copyright in computer programs. Pt.II 
Access to or use of 
original database. 
Use of typefaces: 
printing. 
Articles for 
producing materials in particular typefaces. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Original Database 
83.—It is not an infringement of the copyright in an original data-
base 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 restric-ted by the copyright in the original database or otherwise, to under-take, 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, compos-
ing 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 copy-right 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 pur-
pose of sale, rental or loan, or offering or exposing for sale, rental or loan, or for exhibition in public or dis-tribution, 
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. 
60 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
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, pro-hibiting 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 copy-right, 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 sub-sequent 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 under-
taken 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 ascer-tain the identity of any of the authors. 
61 Pt.II 
Transfer of copies 
of work in electronic form. 
Transient and 
incidental copies. 
Anonymous or 
pseudonymous works: acts permitted. 62Pt.II 
Use of notes or 
recordings of spoken words in certain cases. 
Public reading or 
recitation of works. 
Abstracts of 
scientific or technical articles. 
Fixations of 
performances of works of folklore. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
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 suf-ficient 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 ser-
vice, 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 infringe-ment 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 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
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 copy-
right, 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 com-pliance 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 crafts-
manship, 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 avail-able to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes. 
63 Pt.II S.92 
Representation of 
certain artistic works on public display. 
Advertising sale of 
artistic work. Pt.II 
Making of 
subsequent works by same artist. 
Reconstruction of 
buildings. 
Playing or showing 
of sound recordings, broadcasts and cable programmes in certain premises. 
Playing of sound 
recordings for clubs, societies, etc. 
Copying for 
purpose of broadcast or cable programme. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
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 facili-ties 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 sub-
section (1) that any copy resulting from the exercise of rights granted 
64 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
by the licence shall not be used for any purpose other than the broad-
cast 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 broadcast-ing 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 con-trol 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 broad-casters 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 pro-gramme 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 pur-
poses 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 
65 Pt.II S.99 
Recording for 
purposes of supervision and control of broadcasts and cable programmes. 
Recording for 
purposes of time-shifting. 
Photographs of 
television broadcasts or cable programmes. 
Reception and 
retransmission of broadcasts in cable programme services. Pt.II S.103 
Provision of 
modified works. 
Recording for 
archival purposes. 
Adaptation of a 
work. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(b) the broadcast is made for reception in the area in which the 
cable programme service is provided and it is not a satel-
lite transmission or an encrypted transmission. 
(3) Without prejudice to the generality of subsection (4), the copy-
right 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 satel-lite 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 broad-cast 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 avail-able 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. 
66 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
Chapter 7 
Copyright: Moral Rights 
107.—(1) Subject to the exceptions specified in section 108, the 
author of a work shall have the right to be identified as the author 
and that right shall also apply in relation to an adaptation of the work. 
(2) Where an author uses a pseudonym, initials or other form of 
identification, that form shall be used to identify his or her work. 
(3) The right conferred by this section shall be known and in this 
Part referred to as the ‘‘paternity right’’. 
108.—(1) The paternity right is not infringed by anything done 
under section 52, 53(5), 71, 72 or 88. 
(2) The paternity right shall not apply to anything done by or with 
the authority of the copyright owner where the copyright in the work originally vested in an employer under section 23. 
(3) The paternity right shall not apply in relation to a work made 
for the purpose of reporting current events. 
(4) The paternity right shall not apply to a work made for the 
purposes of— 
(a) a newspaper or periodical, or 
(b) an encyclopaedia, dictionary, yearbook or other collective 
work of reference, 
or in relation to a work made available to the public with the licence of the author for those purposes. 
(5) The paternity right shall not apply in relation to a work— 
(a) in which Government or Oireachtas copyright subsists, or 
(b) in which the copyright originally vested in a prescribed 
international organisation, 
unless the author has previously been identified as the author in or on copies of the work which have been lawfully made available to the public. 
109.—(1) Subject to the exceptions and qualifications specified in 
sections 110 and 111, the author of a work shall have the right to 
object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the work which would prejudice his or her reputation and that right shall also apply in relation to an adaptation of the work. 
(2) The right conferred by this section applies to any addition to, 
deletion from or alteration to or adaptation of parts of a work resulting from any previous addition to, deletion from or alteration to or adaptation of a work or parts of a work by a person other than the author, where those parts are attributed to, or are likely to be regarded as the work of, the author. 
67 Pt.II 
Paternity right. 
Exceptions to 
paternity right. 
Integrity right. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Pt.II S.109 
Exceptions to 
integrity right. 
Qualification of 
integrity right in certain cases. (3) The right conferred by this section shall be known and in this 
Part referred to as the ‘‘integrity right’’. 
110.—(1) Subject to subsections (2) and (3), the integrity right 
shall not apply to— 
(a) a work made for the purpose of reporting current events; 
(b) a work made for the purposes of— 
(i) a newspaper or periodical, or 
(ii) an encyclopaedia, dictionary, yearbook or other col-
lective work of reference, 
or to a work made available to the public with the licence 
of the author for such purposes; or 
(c) a subsequent use of a work referred to in paragraph (b) 
without any modification of the version made available to the public under that paragraph. 
(2) Subject to subsection (3), the integrity right is not infringed— 
(a) by an act which under section 51 or 88 would not infringe 
the copyright in a work, or 
(b) by anything done for the purposes of— 
(i) avoiding any contravention of civil or criminal law, 
(ii) complying with a duty imposed by or under an enact-
ment, or 
(iii) in the case of authorised broadcasters or authorised 
cable programme service providers, avoiding the inclusion in a programme which is broadcast or included in a cable programme service by those broadcasters or providers, of anything which is likely 
to offend public morality or which is likely to 
encourage or incite to crime or to lead to public disorder. 
(3) Subsection (2)(b) shall not apply unless the author is identified 
at the time of the act concerned or has previously been identified in or on copies of the work which have been lawfully made available to the public and there is a sufficient disclaimer. 
(4) In this Part ‘‘sufficient disclaimer’’, in relation to an act cap-
able of infringing the integrity right, means a clear and reasonably prominent indication given at the time of the act, or where the author is then identified, appearing with the identification, that the work has been subjected to an action which the author has not licensed. 
111.—(1) The integrity right shall be qualified in the manner speci-
fied in subsection (2) in respect of— 
(a) works in which copyright originally vested in the author’s 
employer under section 23, 
(b) works in which Government or Oireachtas copyright sub-
sists, and 
68 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(c) works in which copyright originally vested in a prescribed 
international organisation. 
(2) The integrity right shall not apply to anything done in relation 
to works referred to in subsection (1) by or with the licence of the 
copyright owner unless the author— 
(a) is identified at the time of the act concerned, or 
(b) has previously been identified in or on copies of the work 
which have been lawfully made available to the public, 
and where, in such a case, the integrity right applies, that right shall 
not be infringed where there is a sufficient disclaimer. 
112.—A person infringes the integrity right where he or she— 
(a) sells, rents or lends, or offers or exposes for sale, rental or 
loan, 
(b) imports into the State, otherwise than for his or her private 
and domestic use, 
(c) in the course of a business, trade or profession, has in his or 
her possession, custody or control, or 
(d) makes available to the public, 
a work or a copy of a work or an adaptation thereof which has, and 
which he or she knows or has reason to believe has, been subjected to any distortion, mutilation or other modification or other derogatory action within the meaning of section 109. 
113.—(1) A person has the right not to have a work falsely attri-
buted to him or her as author. 
(2) The right conferred by subsection (1) is infringed by a person 
where he or she— 
(a) sells, rents or lends, or offers or exposes for sale, rental or 
loan, 
(b) imports into the State, otherwise than for his or her private 
and domestic use, 
(c) in the course of a business, trade or profession, has in his or 
her possession, custody or control, or 
(d) makes available to the public, 
a work, or a copy of a work, in or on which there is a false attribution, knowing or having reason to believe that the attribution is false. 
(3) The right conferred by subsection (1) is infringed by a person 
where he or she— 
(a) sells, rents or lends, or offers or exposes for sale, rental or 
loan, 
(b) imports into the State, otherwise than for his or her private 
and domestic use, 
69 Pt.II S.111 
Secondary 
infringement of integrity right: possessing or dealing. 
False attribution of 
work. Pt.II S.113 
Right to privacy in 
photographs and films. 
Duration of moral 
rights. 
Waiver of rights. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(c) in the course of a business, trade or profession, has in his or 
her possession, custody or control, or 
(d) makes available to the public, 
a work which has been altered as being the unaltered work of the 
author, or a copy of such a work as being a copy of the unaltered work of the author, knowing or having reason to believe that the work or the copy of the work has been altered. 
(4) This section applies where a work is falsely represented as 
being an adaptation of the work of a person in the same manner as it applies where a work is so represented as being the work of a person. 
(5) In this Part ‘‘attribution’’, in relation to a work, means a state-
ment, express or implied, as to who is the author of the work. 
114.—(1) Subject to the exceptions specified in subsection (3),a 
person who, for private and domestic purposes, commissions the tak-ing of a photograph or the making of a film has, where copyright subsists in the resulting work, the right not to have the work or copies of the work made available to the public. 
(2) Subject to subsection (3), the act of making available to the 
public, or authorising the making available to the public, of a work or copies of a work referred to in subsection (1) without the authority 
of the person who commissions the work infringes the right con-ferred by subsection (1). 
(3) The right conferred by subsection (1) shall not be infringed by 
an act which under section 52, 71, 72, 76 or 88 would not infringe the 
copyright in the work. 
115.—(1) The paternity right, the integrity right and the right con-
ferred by section 114 to privacy in photographs and films shall subsist 
for the same period of time as the copyright in the work subsists. 
(2) The right conferred by section 113 in relation to a false attribu-
tion of a work shall subsist for 20 years after the death of the person on whom the right is conferred. 
116.—(1) Subject to subsection (3), any of the rights conferred by 
this Chapter may be waived. 
(2) A waiver made under this section shall be in writing and signed 
by the person waiving the right concerned. 
(3) A waiver made under subsection (1)— 
(a) may relate to a specific work, to works of a specified descrip-
tion or to works generally, and may relate to existing or future works, and 
(b) may be conditional or unconditional, and may be expressed 
to be subject to revocation, 
and where a waiver is made in favour of the owner or prospective owner of the copyright in the work or works to which it relates, that waiver shall be presumed to extend to his or her licensees, successors 
70 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
in title or other persons claiming under them unless a contrary inten-
tion is expressed. 
(4) Nothing in this Chapter shall be construed as excluding the 
operation of the general law of contract or estoppel in relation to an informal waiver or other transaction in relation to any of the rights referred to in subsection (1). 
(5) It shall not be an infringement of any of the rights conferred 
by this Chapter for a person to undertake any act where the person entitled to the right conferred by this Chapter has consented to the use of those rights by that other person. 
117.—(1) The paternity right or the integrity right is, in the case 
of a work of joint authorship, a right of each joint author. 
(2) A waiver made under section 116 of the paternity right or the 
integrity right by one joint author shall not affect the rights of the other joint authors. 
(3) The right conferred by section 113 in relation to false attribu-
tion is infringed by— 
(a) any false statement as to the authorship of a work of joint 
authorship, or 
(b) the false attribution of joint authorship in relation to a work 
of sole authorship, 
and such a false attribution infringes the right of every person to whom authorship of any description is attributed. 
(4) The right conferred by section 114 to privacy in photographs 
and films is, in the case of a work made pursuant to a joint com-mission, the right of each person who commissioned the making of the work and where a waiver is made by one of them under section 
116 that waiver shall not affect the rights of the other persons. 
118.—The rights conferred by Chapter 7 shall be incapable of 
assignment or alienation. 
119.—(1) On the death of a person entitled to the paternity right, 
the integrity right, or the right conferred by section 114 to privacy in 
photographs and films— 
(a) the right passes by testamentary disposition to such person 
as the person entitled to the right may direct, 
(b) where there is no direction as to whom the right passes but 
the copyright in the work concerned forms part of an estate, the right passes to the person to whom the copy-right passes, and 
(c) where the right does not pass under paragraph (a) or (b),i t 
is exercisable by the personal representatives of the per-son entitled to the right. 
(2) Where copyright forming part of an estate passes in part to 
one person and in part to another, so as to apply— 
(a) to one or more, but not all, of the acts the copyright owner 
has the right to undertake or authorise, or 
71 Pt.II S.116 
Application of 
certain provisions to works of joint authorship and joint ownership. 
Moral rights not 
assignable or alienable. 
Transmission of 
moral rights on death. Pt.II S.119 
Assignment and 
licences. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(b) to part, but not the whole, of the period for which the copy-
right is to subsist, 
any right which passes with the copyright by virtue of subsection (1) 
is divided accordingly. 
(3) Where, under subsection (1), a right becomes exercisable by 
more than one person— 
(a) it may, in the case of the paternity right, be exercised by any 
of them, 
(b) it is, in the case of the integrity right or the right to privacy 
in photographs and films conferred by section 114, a right 
exercisable by each of them, and 
(c) any waiver of the right under section 116 made by one of 
them shall not affect the rights of the other persons. 
(4) A consent or waiver binds any person to whom a right passes 
under subsection (1). 
(5) Any infringement of the right conferred by section 113 in 
relation to a false attribution of a work after the death of a person 
is actionable by the personal representatives of that person. 
(6) Any damages recovered by personal representatives under this 
section in respect of an infringement after a person’s death shall devolve as part of the person’s estate as if the right of action had subsisted and been vested in that person immediately before his or her death. 
Chapter 8 
Dealings with Rights in Copyright Works 
120.—(1) The copyright in a work is transmissible by assignment, 
by testamentary disposition or by operation of law, as personal or moveable property. 
(2) A transmission of the copyright in a work by assignment, by 
testamentary disposition or by operation of law may be partial, so as to apply— 
(a) to one or more but not all of the acts the copyright owner 
has the right to undertake or authorise, and 
(b) to part but not the whole of the period for which the copy-
right in the work is to subsist. 
(3) An assignment of the copyright in a work, whether in whole 
or in part, is not effective unless it is in writing and signed by or on 
behalf of the assignor. 
(4) A licence granted by a copyright owner is binding on every 
successor in title to his or her interest in the copyright, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser and references in this Part to undertaking any act with or without the licence of the copyright owner shall be construed accordingly. 
72 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(5) A licence granted by a prospective owner of copyright is bind-
ing on every successor in title to his or her interest (or prospective 
interest) in the copyright, except a purchaser in good faith for valu-able consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser and refer-ences in this Part to undertaking any act with or without the licence of the copyright owner shall be construed accordingly. 
121.—(1) Where, by an agreement made in relation to future copy-
right and signed by or on behalf of the prospective owner of the copyright, the prospective owner purports to assign the future copy-
right, whether in whole or in part, to another person, then, where, 
on the copyright coming into existence, the assignee or his or her successor in title, or another person claiming under him or her, would be entitled as against all other persons to require the copyright to be vested in him or her, the copyright shall vest in the assignee or his or her successor in title under this section or any other person claim-ing under him or her. 
(2) Where, at the time when any copyright comes into existence, 
the person who, if he or she were then living, would be entitled to the copyright is dead, the copyright shall devolve as if it had subsisted immediately before his or her death and he or she had then been the 
owner of the copyright. 
(3) The rights of an assignee to future copyright shall not be preju-
diced by the fact that an agreement referred to in subsection (1) was 
made before the commencement of this section. 
(4) In this Part— 
‘‘future copyright’’ means copyright which will or may come into existence in respect of a future work or class of works or on the occurrence of a future event; 
‘‘prospective owner’’ includes a person who is prospectively entitled 
to copyright by virtue of an agreement made in relation to future 
copyright. 
122.—(1) In this Part, an ‘‘exclusive licence’’ means a licence in 
writing which is signed by or on behalf of an owner or prospective owner of the copyright which authorises the licensee, to the exclusion of all other persons, including the person granting the licence, to exercise a right which would otherwise be exercisable exclusively by the copyright owner and references to an exclusive licensee shall be construed accordingly. 
(2) An exclusive licensee has the same rights against a successor 
in title who is bound by the licence as he or she has against the person granting the licence. 
123.—Where, under a bequest (whether specific or general), a per-
son is entitled, beneficially or otherwise, to any material thing con-taining an original fixation of a work which has not been made avail-able to the public before the death of the testator, the bequest shall be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his or her death, unless a contrary intention is indicated in the will of the testator or in a codicil to that will. 
73 Pt.II S.120 
Prospective 
ownership of copyright. 
Exclusive licences. 
Copyright to pass 
under will with certain original fixations. Pt.II 
Presumption of 
transfer of rental right in case of film production agreement. 
Right to equitable 
remuneration where rental right transferred. 
Equitable 
remuneration: reference of determination of amount to Controller. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
124.—(1) Without prejudice to the right of an author to receive 
equitable remuneration in respect of a rental right, where an agree-
ment concerning film production is concluded between an author or a prospective author of a copyright work and a film producer, the author or prospective author shall be presumed, unless the agree-ment provides to the contrary, to have transferred to the film pro-ducer any rental right in relation to the film arising by virtue of the inclusion of a copy of the work of the author in the film. 
(2) Where a presumption of transfer of the rental right arises by 
virtue of subsection (1), the absence of a signature by or on behalf 
of the author shall not restrict the operation of section 120 or 121. 
(3) The reference in subsection (1) to an agreement concluded 
between an author or a prospective author and a film producer includes any agreement whether made by them directly or through intermediaries. 
(4) The right to equitable remuneration on the transfer of the 
rental right applies where there is a presumed transfer under this section as in the case of an actual transfer. 
125.—(1) Without prejudice to the generality of section 124, where 
an author has transferred his or her rental right he or she retains the right to equitable remuneration for the rental. 
(2) The right to equitable remuneration conferred by this section 
shall not be waived by the author and the author shall not assign the right to equitable remuneration 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 way of 
testamentary disposition or by operation of law, as personal or move-able property and it may be further transmitted, including by assign-ment, by any person who legally acquires the right. 
(4) Equitable remuneration under this section is payable by the 
person to whom the rental right is transferred or any successor in title. 
(5) Subject to section 126, the amount payable by way of equitable 
remuneration is that which has been agreed by or on behalf of the persons by and to whom it is payable. 
(6) An agreement is void in so far as it purports to exclude or 
restrict the right to equitable remuneration conferred by this section. 
(7) References in this Part to the transfer of the rental right by 
one person to another include any arrangement having that effect whether made by them directly or through intermediaries. 
(8) In this section, ‘‘collecting society’’ means a society or other 
organisation which has as one of its main objects the exercise of the 
right to collect equitable remuneration under this section on behalf of more than one author. 
126.—(1) In default of agreement as to the amount of equitable 
remuneration payable under section 125, the person by or to whom 
it is payable may apply to the Controller for an order under subsec-
tion (4). 
74 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(2) Subject to subsection (3), a person by or to whom equitable 
remuneration is payable under section 125 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. 
(3) An application may not be made under subsection (2) within 
12 months from the date of the previous determination except with 
the special leave of the Controller. 
(4) On an application being made under this section the Control-
ler 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 author. 
(5) An order made under subsection (4) shall have effect from the 
date on which it is made or such later date as may be specified by the Controller. 
(6) Remuneration shall not be considered inequitable because it 
is paid by way of a single payment or at the time of transfer of the rental right. 
(7) An agreement is void in so far as it purports to prevent a 
person challenging the amount of equitable remuneration or to restrict the powers of the Controller conferred by this section. 
Chapter 9 
Remedies: Copyright Owner 
127.—(1) An infringement of the copyright in a work is actionable 
by the copyright owner. 
(2) In an action for infringement of the copyright in a work under 
this section, all relief by way of damages, injunction, account of pro-fits or otherwise is available to the plaintiff as it is available in respect of the infringement of any other property right. 
(3) Subject to section 139, where in an action for infringement of 
the copyright in a work the defendant does not admit that the plain-tiff is the owner of the copyright the court may direct that evidence 
in relation to ownership of the copyright be given on affidavit and the court may decide the issue having considered any affidavit presented to it unless it is satisfied that any conflict of evidence between the affidavits may not be resolved other than by hearing oral testimony in which case the court may order that oral evidence may be adduced. 
(4) Hearsay evidence may be accepted for the purposes of any 
hearing under subsection (3). 
128.—(1) The court may, in an action for infringement of copy-
right award such damages as, having regard to all the circumstances of the case, it considers just. 
75 Pt.II S.126 
Infringement 
actionable by copyright owner. 
Award of damages 
in infringement action. Pt.II S.128 
Action in respect of 
construction of building. 
Undertakings 
concerning licences of right. 
Order for delivery 
up. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(2) Without prejudice to any other remedy, where, in an action 
for infringement of the copyright in a work, it is shown that at the 
time of the infringement the defendant did not know and had no reason to believe that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against the defendant. 
(3) In exercising its powers under subsection (1) in addition to or 
as an alternative to compensating the plaintiff for financial loss, the court may award aggravated or exemplary damages or both aggra-vated and exemplary damages. 
129.—In an action for infringement of the copyright in respect of 
the construction of a building no injunction or other order shall be made— 
(a) after the construction of the building has begun, so as to 
prevent it from being completed, or 
(b) so as to require the building, in so far as it has been con-
structed, to be demolished. 
130.—(1) Where, in proceedings for infringement of the copyright 
in a work in respect of which a licence is available as of right, the defendant undertakes to take a licence on such terms as may be agreed or, in default of agreement, settled by the Controller— 
(a) no injunction shall be granted against the defendant, 
(b) no order for delivery up shall be made under section 131, 
and 
(c) the amount recoverable against the defendant by way of 
damages or on an account of profits shall not exceed three times the amount which would have been payable by the defendant as licensee where a licence on those 
terms had been granted before the earliest infringement. 
(2) An undertaking under subsection (1) may be given at any time 
before the final order in the proceedings without any admission of 
liability. 
(3) Nothing in this section shall affect the remedies available in 
respect of an infringement committed before a licence was available as of right. 
131.—(1) Where a person— 
(a) in the course of a business, trade or profession, has in his or 
her possession, custody or control an infringing copy of a work, 
(b) has in his or her possession, custody or control an article 
specifically designed or adapted for making copies of a copyright work, knowing or having reason to believe that it has been or is to be used to make infringing copies, or 
(c) has in his or her possession, custody or control a protection-
defeating device, 
76 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
the owner of the copyright in the work may apply to the appropriate 
court for an order that the infringing copy, article or device be deliv-ered up to him or her or to such other person as the court may direct. 
(2) An application under subsection (1) shall not be made after 
the expiration of the period specified in section 144(1) as being the 
limit of the period for delivery up and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order as to the disposal of the infringing copy, article or device. 
(3) A person to whom an infringing copy, article or device is deliv-
ered up pursuant to an order made under this section shall, where an order under section 145 as to the disposal of the infringing copy, 
article or device is not made, retain it pending the making of an order, or the decision not to make an order, under that section. 
132.—(1) Without prejudice to section 133, where the owner of the 
copyright in a work applies to the District Court, it may, where satis-fied that there are reasonable grounds for believing that there are being hawked, carried about or marketed— 
(a) infringing copies of the work, 
(b) articles specifically designed or adapted for making copies 
of a work, knowing or having reason to believe that it has been or is to be used for making infringing copies of a work, or 
(c) protection-defeating devices, 
authorise by order a member of the Garda Sı ´ocha´na to seize without 
warrant the copies, articles or devices and to bring them before the District Court. 
(2) On being satisfied that any copy, article or device referred to 
in subsection (1) is— 
(a) an infringing copy, 
(b) articles specifically designed or adapted for making copies 
of a work, which the person hawking, carrying about or 
marketing those articles, knows or has reason to believe that they have been or are to be used to make infringing copies of a work, or 
(c) a protection-defeating device, 
the District Court may order the copy, article or device to be destroyed or to be delivered up to the owner of the copyright or otherwise dealt with as the Court may think fit. 
(3) In an application to the District Court under subsection (1) 
or, in any ex parte application or interlocutory motion to a court of 
competent jurisdiction for an order which would permit the applicant to enter and search premises or place specified therein and take pos-session of material found therein on terms set out in such order, the court hearing such an application may receive hearsay evidence to the effect that the witness or deponent believes that the material may be found in a particular location. 
77 Pt.II S.131 
Application to 
District Court for seizure of infringing copies, articles or devices. Pt.II S.132 
Right of copyright 
owner to seize infringing copies, articles or devices, etc. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(4) A witness or deponent shall not be obliged to indicate the 
source of the information upon which that witness formed the belief 
that material may be found in a particular location. 
(5) After the implementation of an order made under this section, 
the court may, on the application of a person aggrieved by it, award damages against the applicant for the order as it considers just, on being satisfied that— 
(a) no infringement of copyright has been established, and 
(b) the information on which the copyright owner applied for 
the order was given maliciously. 
133.—(1) Where it would be impracticable for the owner of the 
copyright in a work to apply to the District Court for an order under section 132, a copy, article or device referred to in section 132(1) in 
respect of which the copyright owner would be entitled to apply for an order for delivery up under section 131, may be seized and 
detained by the copyright owner or a designated representative thereof where the copy, article or device is found being hawked, carried about or marketed. 
(2) The right to seize and detain conferred by subsection (1) is 
exercisable, subject to subsections (4) to (8) of this section, and is 
subject to any decision of the court relating to disposal of infringing copies, articles or devices under section 145. 
(3) A person who seizes any infringing copies, articles or devices 
under this section shall apply to the District Court for an order to dispose of those copies, articles or devices within 30 days of the seizure. 
(4) Before any infringing copies, articles or devices are seized 
under this section notice of the time and place of the proposed seiz-ure shall be given to a member of the Garda Sı ´ocha´na in the District 
Court Area in which the copies, articles or devices are to be seized. 
(5) A person exercising the right to seize and detain conferred by 
subsection (1) may enter premises to which members of the public 
have access. 
(6) A person exercising the right to seize and detain conferred by 
subsection (1) may not seize anything in the possession, custody or 
control of a person at his or her permanent or regular place of busi-ness, trade or profession, and may not use any force. 
(7) Without prejudice to the generality of subsection (6), a person 
exercising the right to seize and detain conferred by subsection (1) 
may make an inventory or prepare other evidence of infringement 
of copyright or potential infringement of copyright. 
(8) At the time when any infringing copies, articles or devices are 
seized under this section there shall be given to the owner, occupier or person in charge of the place where the copies, articles or devices are seized a notice, in the prescribed form, informing the person of the right of the owner of the copies, articles or devices being seized to apply to the District Court for the return of the copies, articles or devices on the grounds that they are not— 
(a) infringing copies of a work, 
78 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(b) articles that have been or are to be used to make infringing 
copies, or 
(c) protection-defeating devices. 
(9) Without prejudice to the generality of subsection (8), the Mini-
ster shall prescribe the form of the notice to be given under that 
subsection and the form shall specify— 
(a) the name and the address of the person claiming to be the 
owner of the copyright in the work concerned, 
(b) the statutory authority for the seizure, 
(c) the grounds that the person seizing the copies, articles or 
devices has for such seizure, and 
(d) a list of that which is seized. 
(10) The owner of any copies, articles or devices seized under this 
section may apply to the District Court for the return of those copies, articles or devices. 
(11) Rules of court shall be made under this section and the rules 
shall provide for procedures to enable applications to be made and dealt with in an expeditious manner. 
(12) Where there has been an exercise of the right to seize and 
detain, conferred by subsection (1), the court may, on the application 
of a person aggrieved by it, award damages against a person who 
exercises that right as it considers just, on being satisfied that— 
(a) no infringement of copyright has been established, and 
(b) the person had no reasonable grounds for such seizure. 
134.—(1) Subject to the provisions of this Act, the owner of any 
copyright shall be entitled to all such rights and remedies, in respect of the conversion or detention by any person of— 
(a) infringing copies of a work, 
(b) articles that have been or are to be used to make infringing 
copies, or 
(c) protection-defeating devices, 
as he or she would be entitled to if he or she were the owner of every such copy, article or device and had been the owner thereof since the time when it was made. 
(2) Where by virtue of section 12(2) (which relates to successive 
conversions or detentions) of the Statute of Limitations, 1957, the title of the owner of the copyright to such a copy, article or device referred to in subsection (1) of this section would (if he or she had 
been the owner of the copy, article or device) have been extinguished on the expiration of the period referred to in the said subsection (2), he or she shall not be entitled to any rights or remedies under subsec-tion (1) of this section in respect of anything done in relation to that 
copy, article or device after the expiration of that period. 
79 Pt.II S.133 
Rights of owner of 
copyright in respect of infringing copy. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Pt.II S.134 
Rights and 
remedies of exclusive licensee. 
Exercise of 
concurrent rights. (3) In awarding damages for conversion, the court shall take into 
account all the circumstances of the case and shall award such sum 
as it considers just. 
Chapter 10 
Rights and Remedies: Exclusive Licensee 
135.—(1) An exclusive licensee has, except as against the copy-
right owner, the same rights and remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment. 
(2) The rights and remedies of an exclusive licensee are concur-
rent with those of the copyright owner and references in sections 127 
to 134 to the copyright owner shall be construed accordingly. 
(3) In proceedings brought by an exclusive licensee under this 
section a defendant may avail of any defence which would have been available to the defendant if the action had been brought by the copyright owner. 
136.—(1) Where an action for infringement of the copyright in a 
work brought by the copyright owner or an exclusive licensee relates, whether in whole or in part, to an infringement in respect of which they have concurrent rights of action, the copyright owner or, as the case may be, the exclusive licensee, may not, without the leave of the appropriate court, proceed with the action unless the other is either joined as a plaintiff or added as a defendant. 
(2) A copyright owner or exclusive licensee who is added as a 
defendant under subsection (1) shall not be liable for any costs in an 
action unless he or she takes part in the proceedings. 
(3) Nothing in this section shall affect the granting of interlocutory 
relief on an application by the copyright owner or exclusive licensee. 
(4) Where an action for infringement of copyright is brought 
which relates, whether in whole or in part, to an infringement in respect of which the copyright owner and an exclusive licensee have or had concurrent rights of action, then, the following shall apply— 
(a) in assessing damages the appropriate court shall have regard 
to— 
(i) the terms of the licence, and 
(ii) any pecuniary remedy already awarded or available 
to either of them in respect of the infringement; 
(b) no account of profits shall be directed where an award of 
damages has been made, or an account of profits has 
been directed, in favour of one of them in respect of the infringement; 
(c) the appropriate court shall, where an account of profits is 
directed, apportion the profits between them as the court thinks fit, subject to any agreement between the copy-right owner and the exclusive licensee. 
(5) Subsection (4) shall apply whether or not the copyright owner 
and the exclusive licensee are both parties to the action. 
80 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(6) Before— 
(a) applying for an order for delivery up under section 131, 
(b) applying for an order to seize infringing copies, articles or 
devices under section 132,o r 
(c) exercising the right to seize and detain conferred by section 
133, 
the copyright owner shall notify any exclusive licensee having con-
current rights and the court may, on the application of the licensee, make such order for delivery up, seizure of infringing copies, articles or devices or, as the case may be, prohibiting or permitting the exer-
cise by the copyright owner of the right of seizure and detention as 
it thinks fit, having regard to the terms of the licence between the copyright owner and the exclusive licensee. 
Chapter 11 
Remedies: Moral Rights 
137.—(1) An infringement of a right conferred by section 107, 109, 
113 or 114 is actionable as a breach of statutory duty owed to the 
person entitled to the right concerned. 
(2) A person may apply to the appropriate court for damages or 
other relief in respect of an infringement of a right conferred by section 107, 109, 113 or 114. 
(3) In proceedings for infringement of the right conferred by 
section 109, the appropriate court may grant an injunction pro-hibiting any act unless a sufficient disclaimer is made, on such terms and in such a manner as is approved of by the court, dissociating the person entitled to the right from the treatment of the work. 
138.—In any proceedings for infringement of a right conferred by 
section 107, 109 or 113 in respect of the construction of a building, 
no injunction or other order shall be made— 
(a) after the construction of the building has begun, so as to 
prevent it from being completed, or 
(b) so as to require the building, in so far as it has been con-
structed, to be demolished. 
Chapter 12 
Presumptions 
139.—(1) The presumptions specified in this section shall apply in 
any proceedings, whether civil or criminal, for infringement of the copyright in any work. 
(2) Copyright shall be presumed to subsist in a work until the 
contrary is proved. 
(3) Except as otherwise provided in this section, where the subsist-
ence of the copyright in a work is proved or admitted, or is presumed under subsection (2), the plaintiff shall be presumed to be the owner 
or, as the case may be, the exclusive licensee of the copyright, until the contrary is proved. 
81 Pt.II S.136 
Remedies for 
infringement of moral rights. 
Action in respect of 
construction of building. 
Presumptions. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Pt.II S.139 (4) Where— 
(a) a name purporting to be that of the author of a work or of 
the owner or exclusive licensee of the copyright, as the 
case may be, appears on copies of the work, or 
(b) a copy of a work bears or incorporates a statement, label or 
other mark indicating that a person is the author of the work or the owner or exclusive licensee of the copyright, as the case may be, 
that name, statement, label or mark shall be admissible as evidence of the fact stated or indicated which shall be presumed to be correct, unless the contrary is proved. 
(5) The person named or in respect of whom a statement, label or 
other mark appears on or is borne on or is incorporated in copies of a work in accordance with subsection (4) shall, unless the contrary is 
proved, be presumed not to have made the work— 
(a) in the course of employment referred to in section 23(1)(a), 
(b) in the course of employment as an officer or employee of a 
prescribed international organisation referred to in section 196, 
(c) in the course of employment as an officer or employee of 
the Government or of the State referred to in section 191, 
(d) under the direction or control of either or both of the 
Houses of the Oireachtas referred to in section 193,o r 
(e) in circumstances in which the copyright in the work is con-
ferred on another person by an enactment referred to in section 23(1)(d). 
(6) Where a work purports to be a work of joint authorship, sub-
sections (2), (3), (4) and (5) shall apply in relation to each person 
purporting to be one of the authors of the work. 
(7) Where no name purporting to be that of the author of the 
work or of the owner or exclusive licensee of the copyright, as the case may be, appears on the work or where the work does not bear or incorporate a statement, label or other mark in accordance with subsection (4) and— 
(a) the work qualifies for copyright protection by reference to 
the country, territory, state or area, in which it was first lawfully made available to the public, and 
(b) (i) a name purporting to be that of the person who first 
lawfully made available to the public the work appears on copies of the work as first so made avail-able, or 
(ii) copies of the work bear or incorporate a statement, 
label or other mark indicating that a named person first lawfully made available to the public the work, 
then, that named person shall be presumed to have been the author of the work or the owner or exclusive licensee of the copyright, as the case may be, at the time when the work was first lawfully made available to the public, unless the contrary is proved. 
82 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(8) Where the author of the work is dead or the identity of the 
author cannot be ascertained by reasonable enquiry, it shall be pre-
sumed, unless the contrary is proved— 
(a) that the work is an original work, and 
(b) that the claims made by the plaintiff as to the date on which 
the work was first lawfully made available to the public and as to the country, territory, state or area in which the work was first so made available are correct. 
(9) The presumptions set out in subsections (2) to (8) shall apply 
to the same extent in any actions relating to an infringement which 
occurred before the date on which copies of a work were first law-
fully made available to the public. 
Chapter 13 
Offences: Copyright 
140.—(1) A person who, without the consent of the copyright 
owner— 
(a) makes for sale, rental or loan, 
(b) sells, rents or lends, or offers or exposes for sale, rental or 
loan, 
(c) imports into the State, otherwise than for his or her private 
and domestic use, 
(d) in the course of a business, trade or profession, has in his or 
her possession, custody or control, or makes available to the public, or 
(e) otherwise than in the course of a business, trade or pro-
fession, makes available to the public to such an extent 
as to prejudice the interests of the owner of the copyright, 
a copy of a work which is, and which he or she knows or has reason 
to believe is, an infringing copy of the work, shall be guilty of an offence. 
(2) In this section ‘‘loan’’ means a loan for reward and in particu-
lar does not include a loan to a family member or friend for private and domestic use, and ‘‘lends’’ shall be construed accordingly. 
(3) A person who— 
(a) makes, 
(b) sells, rents or lends, or offers or exposes for sale, rental or 
loan, 
(c) imports into the State, or 
(d) has in his or her possession, custody or control, 
an article specifically designed or adapted for making copies of a work, knowing or having reason to believe that it has been or is to be used to make infringing copies, shall be guilty of an offence. 
83 Pt.II S.139 
Offences. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Pt.II S.140 (4) A person who— 
(a) (i) makes, 
(ii) sells, rents or lends, or offers or exposes for sale, rental 
or loan, 
(iii) imports into the State, or 
(iv) has in his or her possession, custody or control, 
a protection-defeating device, knowing or having reason to 
believe that it has been or is to be used to circumvent rights 
protection measures, or 
(b) provides information, or offers or performs any service, 
intended to enable or assist a person to circumvent rights 
protection measures, 
shall be guilty of an offence. 
(5) Where copyright is infringed by— 
(a) the public performance of a literary, dramatic or musical 
work, 
(b) the playing or showing in public of a sound recording, artis-
tic work, original database or film, or 
(c) broadcasting a work or including a work in a cable pro-
gramme service, 
the person who caused the work to be so performed, played, broad-cast, included in a cable programme service or shown shall be guilty of an offence where he or she knew or had reason to believe that the copyright in the work would be infringed. 
(6) An offence shall not be committed under subsection (1) or (5) 
by the undertaking of an act which under this Part may be under-taken without infringing the copyright in a work. 
(7) A person guilty of an offence under subsection (1), (3) or (4) 
shall be liable— 
(a) on summary conviction, to a fine not exceeding £1,500 in 
respect of each infringing copy, article or device, 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. 
(8) A person guilty of an offence under subsection (5) shall be 
liable— 
(a) on summary conviction, to a fine not exceeding £1,500 in 
respect of such offence 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. 
84 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
141.—A person who, for financial gain, makes a claim to enjoy a 
right under this Part which is, and which he or she knows or has 
reason to believe is, false, shall be guilty of an offence and shall be liable on conviction on indictment to a fine not exceeding £100,000, or to imprisonment for a term not exceeding 5 years, or both. 
142.—(1) The court may, on conviction of a person or being satis-
fied that there is a prima facie case to answer, where the court is 
satisfied that at the time of the arrest or charge the person had in his or her possession, custody or control— 
(a) in the course of a business, trade or profession, a copy of a 
work, knowing or having reason to believe it to be an infringing copy, 
(b) an article specifically designed or adapted for making copies 
of a work, knowing or having reason to believe that it had been or was to be used to make infringing copies, or 
(c) a protection-defeating device, 
order that the infringing copy, article or device be delivered up to the copyright owner or to such other person as the court may direct. 
(2) An order may be made by the court of its own motion, or on 
the application of the person bringing a prosecution, and may be made whether or not the person is convicted of the offence, but shall not be made— 
(a) after the expiration of the period specified in section 144(3) 
as being the limit of the period for delivery up, or 
(b) where it appears to the court unlikely that any order will be 
made as to the disposal of the infringing copies, articles or devices. 
(3) A person to whom an infringing copy, article or device is deliv-
ered up pursuant to an order made under this section shall retain it pending the making of a final order or decision not to make an order, as the case may be. 
143.—(1) Where a judge of the District Court is satisfied by infor-
mation on oath that there are reasonable grounds for suspecting— 
(a) that an offence under section 140 has been, or is about to 
be, committed in, on or at any premises or place, and 
(b) that evidence that such an offence has been, or is about to 
be, committed is in, on or at those premises or that place, 
the court may issue a warrant authorising a member of the Garda Sı´ocha´na, accompanied by such other members of the Garda Sı ´och-
a´na or other person or persons as that member thinks proper, at any 
time or times within 28 days from the date of the issue of the warrant on production, where requested, of that warrant, to enter and search the premises or place specified in the warrant using reasonable force where necessary, and to do all or any of the following acts: 
(i) to seize any copies of any works, articles or devices in 
respect of which he or she has reasonable grounds for suspecting that an offence under section 140 has been or 
is about to be committed; 
85 Pt.II 
False claims of 
copyright. 
Order for delivery 
up in criminal proceedings. 
Search warrants and 
seizure. Pt.II S.143 
Period after which 
remedy for delivery up is not available. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(ii) to make an inventory or prepare other evidence of infringe-
ment of copyright or potential infringement of copyright; 
(iii) to seize anything found there which he or she believes on 
reasonable grounds may be required to be used in evi-
dence in any proceedings brought in respect of an offence under this Act; 
(iv) to require any person found there to give his or her name 
and address. 
(2) A warrant issued under this section may authorise persons, 
including the copyright owner or designated representative thereof, to accompany and assist any member of the Garda Sı ´ocha´na in 
executing the warrant or in collating any inventory or other evidence. 
(3) A person who— 
(a) obstructs or interferes with a person acting under the auth-
ority of a warrant issued under this section, 
(b) is found in, on or at the premises or place specified in the 
warrant by a member of the Garda Sı ´ocha´na acting as 
aforesaid and who fails or refuses to give the member his or her name and address when required to do so or gives a name or address that is false or misleading, 
(c) obstructs the exercise of an authority conferred by a warrant 
under this section, or 
(d) fails or refuses to give information to a member of the 
Garda Sı ´ocha´na when requested to do so under this 
section, 
shall be guilty of an offence and shall be liable on summary convic-tion to a fine not exceeding £1,500, or to imprisonment for a term not exceeding 12 months, or both. 
Chapter 14 
Delivery up and Disposal 
144.—(1) Subject to subsection (2), an application for an order 
under section 131 may not be made after the expiration of 6 years 
from the date on which the infringing copy, article or device was made. 
(2) Where, during the whole or any part of the period referred to 
in subsection (1), the copyright owner— 
(a) is under a disability, or 
(b) is prevented by fraud or concealment from discovering the 
facts entitling him or her to apply for an order, 
an application under section 131 may be made at any time before the 
expiration of 6 years from the date on which the applicant ceased to be under a disability, or, as the case may be, could, with reasonable diligence, have discovered those facts. 
(3) An order for delivery up in criminal proceedings under section 
142 shall not, in any case, be made after the expiration of 6 years 
from the date on which the proceedings under that section were initiated. 
86 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(4) Where, in any proceedings for an order for delivery up under 
section 131 or 142, the date of the making of the infringing copy, 
article or device is put into question by the defendant, the onus of 
proof shall be on the defendant that the infringing copy, article or device was made more than 6 years before the date on which an application for an order under section 131 was made or proceedings 
under section 142 were initiated. 
145.—(1) An application may be made to the appropriate court 
for an order that an infringing copy, article or device— 
(a) delivered up under section 131 or 142,o r 
(b) seized and detained under section 132 or 143, 
shall be— 
(i) forfeited to the copyright owner, or 
(ii) destroyed or otherwise dealt with as the court may direct, 
and the court may make such an order or such other order as it 
thinks fit. 
(2) In considering what order, if any, should be made under sub-
section (1), the court shall consider whether other remedies available in an action for infringement of the copyright in a work would be adequate to compensate the copyright owner and to protect his or her interests. 
(3) Provision shall be made by rules of the court as to the service 
of notice on persons having an interest in the copies, articles or devices concerned, and any such person may— 
(a) appear in proceedings for an order under this section 
whether or not he or she was served with notice, or 
(b) appeal against any order made, whether or not he or she 
appeared in the proceedings concerned. 
(4) An order made under this section shall not take effect until 
the expiration of the period within which notice of an appeal may be given or, where before the expiration of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. 
(5) Where there is more than one person interested in a copy, 
article or device, the court shall make such order as it thinks fit and may direct the copy, article or device to be sold or otherwise dealt with and any proceeds divided in accordance with the direction of the court. 
(6) Where the court decides that no order shall be made under 
this section, the person who had the copy, article or device in his or her possession, custody or control immediately before it was deliv-ered up or seized shall be entitled to its return. 
(7) References in this section to a person having an interest in a 
copy, article or device include any person in whose favour an order may be made under this section in respect of the copy, article or device or under section 264 or under section 23 of the Trade Marks 
Act, 1996. 
87 Pt.II S.144 
Order as to disposal 
of infringing copy, article or device. Pt.II 
Amendment to 
section 23 of Trade Marks Act, 1996. 
Infringing copies, 
articles or devices may be treated as prohibited goods. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
146.—Section 23 of the Trade Marks Act, 1996, is hereby amended 
by the substitution of the following subsection for subsection (6) of 
that section: 
‘‘(6) References in this section to a person having an interest in 
goods, material or articles include references to any person in whose favour an order could have been made under sections 145 and 264 
of the Copyright and Related Rights Act, 2000.’’. 
Chapter 15 
Provision for Preventing Importation 
147.—(1) The owner of the copyright in a work may give notice 
in writing to the Revenue Commissioners— 
(a) that he or she is the owner of the copyright in the work, and 
(b) that he or she requests the Revenue Commissioners for a 
period specified in the notice to treat as prohibited goods— 
(i) copies of the work which are infringing copies, 
(ii) articles specifically designed or adapted or used for 
making infringing copies of the work, or 
(iii) protection-defeating devices. 
(2) The period specified in a notice given under subsection (1) 
shall not exceed 5 years and in any case shall not extend beyond the 
period for which copyright is to subsist. 
(3) The owner of the copyright in a work may give notice in writ-
ing to the Revenue Commissioners— 
(a) that he or she is the owner of the copyright in the work, 
(b) that infringing copies, articles or devices referred to in sub-
section (1)(b) are expected to arrive in the State at a time 
and a place specified in the notice, and 
(c) that he or she requests the Revenue Commissioners to treat 
those copies, articles or devices as prohibited goods. 
(4) When a notice given under subsection (1) is in force the 
importation of goods to which the notice relates, other than copies of a work imported by a person for his or her private and domestic use, is prohibited. 
(5) Notwithstanding subsection (4) or anything contained in the 
Customs Acts, a person is not, by reason of the prohibition, liable to any penalty under the Customs Acts other than forfeiture of the prohibited goods. 
(6) In this section ‘‘prohibited goods’’ means counterfeit or 
pirated goods within the meaning of the European Communities (Counterfeit and Pirated Goods) Regulations, 1996 (S.I. No. 48 of 1996). 
88 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
148.—(1) The Revenue Commissioners may prescribe the form in 
which notice is to be given under section 147 and require a person 
giving notice— 
(a) to furnish the Revenue Commissioners with such evidence 
as may be prescribed, either on giving notice or when the 
goods are imported, or at both these times, and 
(b) to comply with such other conditions as may be prescribed. 
(2) Regulations made under this section may require a person giv-
ing a notice under section 147— 
(a) to pay such fees in respect of the notice as may be specified 
by the Revenue Commissioners from time to time, 
(b) to give such security as may be specified by the Revenue 
Commissioners in respect of any liability or expense which the Revenue Commissioners may incur in con-sequence of the notice given by reason of the detention of any infringing copy, article or device or anything done to any infringing copy, article or device detained, and 
(c) to indemnify the Revenue Commissioners against any such 
liability or expense whether security has been given or not. 
(3) Regulations made under this section may make different pro-
visions in respect of different classes of case to which they apply and may include such incidental and supplementary provisions as the Revenue Commissioners consider expedient from time to time. 
(4) Any fees paid pursuant to regulations made under this section 
shall be accounted for in such manner as shall be prescribed by the Minister for Finance. 
Chapter 16 
Copyright Licensing 
149.—(1) In this Part— 
‘‘licences’’ means licences to undertake or authorise the undertaking of any of the acts restricted by copyright; 
‘‘licensing body’’ means a society or other organisation which has as 
its main object, or one of its main objects, the negotiating or granting, either as owner or prospective owner of copyright, or as exclusive licensee, or as agent for him or her, of copyright licences, and whose objects include the granting of licences relating to works of more than one copyright owner; 
‘‘licensing scheme’’ means a scheme specifying— 
(a) the classes of case in which the operator of the scheme, or 
the person on whose behalf that operator acts, is willing 
to grant copyright licences, and 
(b) the terms on which licences would be granted in those 
classes of case, 
89 Pt.II 
Power of Revenue 
Commissioners to make regulations. 
Licensing schemes 
and licensing bodies. Pt.II S.149 
General references. 
Reference of 
proposed licensing scheme to Controller. 
Reference of 
licensing scheme to Controller. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
and for this purpose a ‘‘scheme’’ includes anything in the nature of 
a scheme, whether described as a scheme or as a tariff or by any other name. 
(2) References in this Part to licences or licensing schemes relating 
to works of more than one copyright owner shall not include licences or schemes relating to— 
(a) a single collective work, or collective works of which the 
authors are the same, or 
(b) works made by, or by employees of or commissioned by, a 
single individual, firm, company or group of companies, including holding companies and their subsidiaries. 
References and Applications Relating to Licensing Schemes 
150.—Sections 151 to 156 apply to licensing schemes which are 
operated by licensing bodies in relation to the copyright in works of more than one copyright owner, in so far as they relate to licences for any of the acts restricted by copyright under section 37. 
151.—(1) The terms of a licensing scheme proposed to be oper-
ated by a licensing body may be referred to the Controller by an organisation which claims to be representative of persons who claim that they require licences in cases of a description to which the scheme would apply. 
(2) The Controller shall not consider a reference by an organis-
ation under subsection (1) unless the Controller is satisfied that the 
organisation is representative of the class of persons that it claims to represent. 
(3) The Controller may refuse to consider a reference under sub-
section (1) on the ground that the reference is premature. 
(4) Where the Controller decides to consider a reference under 
subsection (1), he or she shall consider the subject matter of the ref-erence and make an order, either confirming or varying the proposed scheme, 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. 
152.—(1) Where a licensing scheme is in operation and a dispute 
arises with respect to the scheme between the operator of the scheme and— 
(a) a person claiming that he or she requires a licence in a case 
of a description to which the scheme applies, or 
(b) an organisation claiming to be representative of such 
persons, 
that operator, person or organisation may refer the scheme to the Controller in so far as it relates to cases of that description. 
(2) The Controller shall not consider a reference by an organis-
ation under subsection (1) unless the Controller is satisfied that the 
90 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
organisation is representative of the class of persons that it claims to 
represent. 
(3) 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. 
(4) The Controller shall consider the matter referred to him or 
her and shall make an order, confirming or varying the scheme, 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. 
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 
(c) an organisation claiming to be representative of the persons 
referred to in paragraph (b). 
(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.—(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). 
91 Pt.II S.152 
Further reference of 
scheme to Controller. 
Application for 
grant of licence in connection with licensing scheme. Pt.II S.154 
Review of orders 
made by Controller. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(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.—(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 reason-able, having regard to the terms applicable in accordance with the licensing scheme or, as the case may be, the circumstances of the case. 
92 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
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 ascer-
tained, 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 subsec-
tion (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. 
93 Pt.II 
Effect of order of 
Controller as to licensing scheme. Pt.II 
General references 
by licensing bodies. 
Reference to 
Controller of proposed licence. 
Reference to 
Controller of expiring licence. 
Application for 
review of order made by Controller. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
References and Applications Relating to Licensing by 
Licensing Bodies 
157.—Sections 158 to 161 apply to licences in relation to the copy-
right in works of more than one copyright owner, granted by a licens-
ing 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.—(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 sub-
section (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.—(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 pro-
ceedings 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.—(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 
94 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(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 reason-able in the circumstances. 
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 accord-
ance 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. 
(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.—(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 Pt.II S.160 
Effect of order of 
Controller as to licence. 
General 
considerations: unreasonable discrimination. 
(b) the terms of those schemes or licences, 
95 Pt.II S.162 
Licences for 
reprographic copying. 
Licences to reflect 
payments in respect of underlying rights. 
Licences to reflect 
conditions imposed by promoters of events. 
Licences in respect 
of works included in retransmissions. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
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.—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 other-
wise available, 
(b) the proportion of the work to be copied, and 
(c) the nature of the use to which the copies are likely to be 
put. 
164.—Where a reference or an application is made under this 
Chapter in relation to licensing of the copyright in a work, the Con-troller 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.—(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 enter-tainment 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.—(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 
96 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(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 dis-regard all further transmissions in considering what charges, if any, are to be paid for licences for the first transmission. 
167.—(1) This section applies to— 
(a) schemes for licensing reprographic copying of literary, dra-
matic, musical or artistic works, original databases, or of the typographical arrangement of published editions, law-fully 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 mak-ing of reprographic copies of a work in circumstances within the apparent scope of the 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 repro-graphic 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. 
97 Pt.II S.166 
Implied indemnity 
in certain schemes and licences for reprographic copying. 
Power to extend 
application of scheme or licence. Pt.II S.168 
Variation or 
discharge of order extending scheme or licence. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(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 subsec-
tion (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 Oifigiu ´il 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.—(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 
98 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(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 sub-
section (1) within 2 months from the date of the notice, and where 
any of those persons wishes to make oral representations, the Mini-ster shall appoint a person to hear the representations and to report to the Minister. 
(5) In considering an application under subsection (1), the Mini-
ster shall take into account the reasons for the application, any rep-
resentations 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 con-
firming 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.—(1) The owner of the copyright in a work which is the sub-
ject 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.—(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 edu-cational establishments for the purposes of instruction of repro-graphic copies of literary, dramatic, musical or artistic works, original 
99 Pt.II S.169 
Appeals against 
orders. 
Inquiry whether 
other provisions required. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Pt.II S.171 
Statutory licence 
where recommendation not implemented. 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 
(c) written or oral representations may be made by those 
persons. 
(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.—(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 edu-cational establishment, for the purposes of instruction, of repro-graphic 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— 
100 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(a) a certified licensing scheme has been established under 
which a licence is available to the establishment con-
cerned, 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,o r 
(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 recom-mendation. 
(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.—(1) A person operating or proposing to operate a licensing 
scheme may apply to the Minister to certify the scheme for the pur-poses 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. 
101 Pt.II S.172 
Certification of 
licensing schemes. Pt.II S.173 
Collective exercise 
of certain rights in relation to cable retransmissions. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(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 Control-
ler 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.—(1) The owner of the copyright in a literary, dramatic, musi-
cal 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 trans-
ferred 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 retrans-
mission 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. 
102 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(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.—(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 per-
son at such times and in such manner as may be pre-scribed 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 Regis-ter, 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 regis-
tration 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 sub-
section (5)(b) shall include, as appropriate, the following— 
(a) the name of the applicant; 
(b) the address of the applicant; 
103 Pt.II S.174 
Register of 
copyright licensing bodies. Pt.II S.175 
Proof that licensing 
body may act on behalf of specified classes. 
Notification of 
charges. 
Validity of 
certificates of registration. 
Refusal of 
application. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(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 rep-
resented 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 rightshold-
ers in respect of whom the body concerned claims entitle-ment 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 regis-tration in such form as the Controller shall determine. 
176.—A certificate granted under section 175(8) shall include the 
particulars specified in subsection (7) of that section and the certifi-
cate 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.—(1) A licensing body registered under this Part which pro-
poses 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.—(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.—(1) The Controller may refuse an application for renewal of 
a registration by a licensing body registered under this Part or cancel 
104 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
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 Regis-
ter where its application for renewal of its registration is refused or its registration is cancelled. 
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.—(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 regis-tered 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 Chap-ter, to register under the terms of this Chapter, or 
(c) continues to operate as such a body having been removed 
from the Register for any reason, 
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.—(1) Copyright shall not subsist in a work unless the qualifi-
cation 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 coun-
try, territory, state or area from which the broadcast was made or from which the programme was sent in section 
186. 
105 Pt.II S.179 
Indemnity for 
Controller. 
Obligation of 
collecting societies to register (copyright). 
Qualification for 
copyright protection: general. Pt.II S.182 
Qualification by 
reference to author. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(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.—(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 ordi-
narily 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 pro-visions 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 ordi-
narily 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 qual-
ify 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 pro-
tection 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); 
106 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(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 a sound recording or film, when the sound 
recording or film was made; 
(b) in the case of a broadcast, when the broadcast was made; 
(c) in the case of a cable programme, when the programme was 
first lawfully included in a cable programme service; 
(d) in the case of the typographical arrangement of a published 
edition, when the edition was first lawfully made avail-able to the public. 
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 avail-able to the public of a work elsewhere within the previous 30 days shall be deemed to be simultaneous. 
185.—For the purposes of this Part— 
(a) acts undertaken in, on, under or over— 
(i) the waters in the portion of the sea which comprises 
the territorial seas of the State, 
107 Pt.II S.183 
Qualification for 
copyright protection: specific. 
Territorial waters 
and Continental Shelf. Pt.II S.185 
Qualification for 
copyright in broadcasts and cable programmes. 
Prohibition on 
contravention of certain international obligations. 
Extension of this 
Part by order. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(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 regis-
tered under the laws of the State, 
shall be deemed to have been undertaken in the State. 
186.—A broadcast shall qualify for copyright protection where it 
is lawfully made from, and a cable programme shall qualify for copy-right 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.—The Government shall not exercise the power to make regu-
lations 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.—(1) The Government may make an order to extend the pro-
visions of this Part and, in particular, the provisions as to qualifi-cation of works for copyright protection in sections 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 agree-ment, 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 protec-
tion 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 
108 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
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.—(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 domi-
ciled 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 incorpor-
ated 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 pub-lished 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.—(1) Where the protection of Irish copyright law has been 
extended to a country, territory, state or area under the provisions 
109 Pt.II S.188 
Orders to be made 
for countries other than convention countries, etc. 
Restriction of rights 
by order. Pt.II S.190 
Government 
copyright. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
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 resi-dent in the State), 
(b) a body incorporated under the law of that country, territory, 
state or area, 
(c) a partnership or unincorporated body formed under the law 
of that country, territory, state or area, or 
(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 speci-fied 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.—(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 pro-visions 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. 
110 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(7) Where Oireachtas copyright subsists in a work this section 
shall not apply. 
192.—(1) The copyright in any Bill or enactment vests in the 
Houses of the Oireachtas. 
(2) The copyright provided for in this section subsists from the 
date of the first lawful making available to the public of the work 
and shall expire 50 years from the end of the calendar year in which the work was so made available. 
193.—(1) Where a work is made by or under the direction or con-
trol 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 qualifi-cation 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’’, not-withstanding 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 pro-
gramme 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 direc-
tion or control of either or both of the Houses of the Oireachtas, this section applies in relation to those authors and the copyright sub-sisting by virtue of their contribution to the work. 
(6) Subject to subsections (1) to (5), this Part applies in relation 
to Oireachtas copyright as to other copyright. 
194.—(1) Subject to subsections (2) and (3), a permission to copy 
or to make available to the public any work, Act of the Oireachtas, Bill or other material protected by Oireachtas copyright under the provisions of this Chapter may be granted to any person. 
111 Pt.II S.191 
Copyright in Acts, 
etc. 
Houses of the 
Oireachtas: copyright. 
Oireachtas 
copyright. Pt.II S.194 
Houses of the 
Oireachtas: supplementary provisions with regard to copyright. 
Copyright vesting in 
certain international organisations. 
Works of folklore. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(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 Da ´il E ´ ireann 
and the Cathaoirleach of Seanad E ´ ireann or an officer or employee 
of the Houses of the Oireachtas duly authorised for that purpose by the Ceann Comhairle of Da ´il E ´ ireann and the Cathaoirleach of 
Seanad E ´ ireann. 
(3) The conditions upon which any work, Act of the Oireachtas, 
Bill or other material protected by Oireachtas copyright may be made available under this Chapter shall be laid before each House of the Oireachtas as soon as may be after they have been imposed. 
195.—For the purposes of holding, dealing with and enforcing 
copyright, and in connection with all legal proceedings relating to copyright, each of the Houses of the Oireachtas shall be deemed to have, and to have had, the legal capacities of a body corporate, which is not affected by a dissolution of either or both of the Houses of the Oireachtas. 
Chapter 20 
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 organ-isation concerned shall be the first owner of that copyright. 
(2) The Government may prescribe the international organis-
ations 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 enforc-ing copyright and in connection with all legal proceedings relating to copyright. 
Chapter 21 
Anonymous Works 
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 
112 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
authors) complied with the requirements for copyright protection 
specified in section 182 by having a connection with a country, terri-
tory, 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 copy-right 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 assign-
ment 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.—(1) The publisher of any book first published in the State 
after the commencement of this section or, in the case of the auth-ority 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 Col-
lege, Dublin, 
(c) the authority having control of the library of the University 
of Limerick, 
(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 subsec-
tion (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 sub-
section (1) in respect of the Board or authority making the appli-
cation, publications wholly or mainly in the nature of trade advertise-ments, 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 
113 Pt.II S.197 
Delivery of certain 
materials to libraries. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Pt.II S.198 such Board or authority to give a receipt unless as respects any par-
ticular 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, 
(c) the National Library of Scotland, and 
(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 convic-tion 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 con-tains 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 
114 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
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.—(1) 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 particu-lar 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 differ-ent 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 convic-tion 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, follow-ing consultation with the Minister for Enterprise, Trade and Employ-
ment, and in this definition, ‘material’ includes any engraving, photo-
graph, text of a play, cinematograph film, microfilm, video recording, 
115 Pt.II S.198 
Amendment of 
sections 65 and 66 of the National Cultural Institutions Act, 1997. Pt.II S.199 
Copyright in Irish 
legal tender notes, euro notes, consolidated bank notes and in Irish and euro coins. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
sound recording, record, diskette, magnetic tape, compact disc, or 
other thing on or in which works or information or the represen-tations 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 substan-
tially 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 neces-sary, 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.—(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 per-petual 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 Euro-
pean Community in the common face of coins denomi-nated 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 Communi-ties on behalf of the European Community. 
116 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(b) Notwithstanding anything contained in this Part, the copy-
right 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 copy-
right 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 sub-stantial 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 copy-
rights referred to in this section. 
(8) Coins to which this section applies and the artistic work defin-
ing 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 Cur-rency Acts, 1969 to 1990, and coins issued under the Economic and Monetary Union Act, 1998. 
Chapter 25 
Disposal of Certain Books 
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.—(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 folk-lore, which is a live performance given by one or more individuals, and shall include a performance of a variety act or any similar pres-entation. 
(2) A performance of a literary work includes a reading or 
recitation. 
117 Pt.II S.200 
Disposal of books 
of King’s Inns Library, Dublin. 
Interpretation. Pt.III S.202 
Performers’ rights: 
general. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(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 
(c) made directly or indirectly from another recording of the 
performance. 
(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 perform-
ance, and 
(b) other rights or obligations arising otherwise than under 
Parts III and IV. 
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 qualify-ing performance, or 
(c) the making of a recording of the whole or any substantial 
part of a qualifying performance directly from a broad-cast of, or cable programme including, the live per-formance. 
(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. 
118 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
204.—(1) A performer has the exclusive right to authorise or pro-
hibit the making of a copy of a recording of the whole or any substan-
tial 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 ‘‘repro-duction 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 avail-able 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.—(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 qualify-ing 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, 
119 Pt.III 
Reproduction right 
of performer. 
Making available to 
public copies of recordings of qualifying performances. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Pt.III S.205 
Distribution right of 
performers. (c) broadcasting a copy of the recording, 
(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, with-
out 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 per-
formance 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 pro-
vides facilities referred to in that subsection is notified by the rights-owner 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 pre-
scribe 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 
(c) a list of the material which is to be removed. 
(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 combi-nation of sounds, images or data, or the representations thereof, are sent shall not be regarded as liable for the infringement. 
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 circu-lation in a Member State of the EEA by or with the con-sent 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, ref-
erences in this Part to the issue of copies of a recording to the public shall not include— 
120 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(a) any subsequent circulation of copies of a recording pre-
viously put into circulation, or 
(b) any subsequent importation of such copies of a recording 
into the State or 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.—(1) References in Parts III and IV to ‘‘rental’’ or ‘‘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 
(c) on the spot reference use. 
(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 a 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 ‘‘lend-
ing right’’. 
(4) The rental right is infringed by a person who, without the con-
sent of the performer, rents or authorises another to rent copies of a recording of the whole or any substantial part of a qualifying per-formance. 
(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 com-mercial advantage; 
121 Pt.III S.206 
Rental and lending 
right of performer. Pt.III S.207 
Right to equitable 
remuneration for exploitation of sound recording. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(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 econ-omic 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 estab-
lishments 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.—(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 per-formance which has been made available to the public for commer-cial 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 remuner-
ation 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 testa-
mentary 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 Control-
ler 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. 
122 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(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 
(c) to restrict the powers of the Controller conferred by this 
section. 
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.—(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 perform-
ance 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 infringe-
ment 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 perform-
ance which is subject to an exclusive recording contract shall be an 
123 Pt.III S.208 
Consent required 
for recording or live transmission of performance. 
Meaning of illicit 
recording. Pt.III S.210 
Presumptions. 
Secondary 
infringement: importing, possessing or dealing with illicit recordings. 
Secondary 
infringement: providing means for making illicit recording. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
illicit recording where it is made, otherwise than for private and dom-
estic use, without the consent of the person having recording rights or the consent of the performer. 
(7) For the purposes of sections 258 and 260, a recording shall be 
deemed to be an illicit recording where it is an illicit recording for the purposes referred to in subsections (2), (3), (4) and (5) of this 
section. 
211.—Where in any proceedings for infringement of any right con-
ferred by Part III or Part IV the question arises as to whether a 
recording is an illicit recording and it is shown that— 
(a) the recording is a recording of the performance concerned, 
and 
(b) rights conferred by Parts III and IV subsist or have subsisted 
at any time in the recording, 
it shall be presumed until the contrary is proved that the recording was made at a time when such rights subsisted. 
212.—(1) A person infringes the rights of a performer conferred 
by section 203 where he or she, without the consent of the 
performer— 
(a) sells, rents or lends, or offers or exposes for sale, rental or 
loan, 
(b) imports into the State, otherwise than for his or her private 
and domestic use, 
(c) in the course of a business, trade or profession, has in his or 
her possession, custody or control, or makes available to the public, or 
(d) otherwise than in the course of a business, trade or pro-
fession, makes available to the public to such an extent 
as to prejudice the interests of the performer, 
a recording of a qualifying performance which is, and which he or 
she knows or has reason to believe is, an illicit recording. 
(2) Where, in an action brought under this section for infringe-
ment of the rights of a performer, a defendant shows that the illicit recording was innocently acquired by him or her or his or her prede-cessor in title, the only remedy available against the defendant in respect of the infringement shall be an award of damages not exceeding a reasonable payment in respect of the act complained of. 
(3) In Parts III and IV ‘‘innocently acquired’’ means that the per-
son acquiring the recording did not know and had no reason to believe that it was an illicit recording. 
213.—(1) A person infringes the rights of a performer conferred 
by section 203 where he or she, without the consent of the 
performer— 
(a) makes, 
(b) sells, rents or lends, or offers or exposes for sale, rental or 
loan, 
124 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(c) imports into the State, or 
(d) has in his or her possession, custody or control, 
an article specifically designed or adapted for making recordings of 
a performance, knowing or having reason to believe that it has been or is to be used to make illicit recordings. 
214.—Where the rights of a performer conferred by this Part are 
infringed by a public performance of a recording of the performance, or by playing or showing the recording in public, by means of appar-atus for— 
(a) playing sound recordings, 
(b) showing films, or 
(c) receiving sounds or images or any combination of sounds or 
images, or the representations thereof, conveyed by any means, 
the following persons shall also be liable for the infringement— 
(i) a person who supplied the apparatus, or any substantial part 
thereof if, when he or she supplied the apparatus or part thereof— 
(I) he or she knew or had reason to believe that the 
apparatus was likely to be used to infringe the rights 
of a performer conferred by this Part, or 
(II) in the case of apparatus the normal use of which 
involves a public performance, playing or showing, he or she had reason to believe that it would be used to infringe the rights of a performer conferred by this Part; 
(ii) an owner or occupier of premises who gave permission for 
the apparatus to be brought onto the premises if, when the owner or occupier gave permission, he or she knew or had reason to believe that the apparatus was likely to be used to infringe the rights of a performer conferred by this Part; and 
(iii) a person who supplied a copy of a sound recording or film 
used to infringe the rights of a performer conferred by 
this Part if, when the person supplied it, he or she knew or had reason to believe that what was supplied, or a copy made directly or indirectly therefrom, was likely to be used to infringe the rights of a performer conferred by this Part. 
Chapter 3 
Recording Rights 
215.—(1) In Parts III and IV an ‘‘exclusive recording contract’’ 
means a contract between a performer and another person under which that person is entitled to the exclusion of all other persons (including the performer) to make recordings of one or more of that performer’s performances with a view to their commercial exploitation. 
125 Pt.III S.213 
Secondary 
infringement: permitting use of apparatus for infringing performances. 
Interpretation. Pt.III S.215 
Infringement of 
recording rights by copying. 
Infringement of 
recording rights by use of illicit recording. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(2) Subject to subsection (3), references in Parts III and IV to a 
‘‘person having recording rights’’, in relation to a performance, are 
to a person— 
(a) who is party to and has the benefit of an exclusive recording 
contract to which the performance is subject, or 
(b) to whom the benefit of such a contract has been assigned, 
and who is a qualifying person. 
(3) Where a performance is subject to an exclusive recording con-
tract but the person mentioned in subsection (2) is not a qualifying 
person, references in Parts III and IV to a ‘‘person having recording 
rights’’, in relation to the performance, are to a person— 
(a) who is licensed by the person having recording rights to 
make recordings of the performance with a view to their commercial exploitation, or 
(b) to whom the benefit of such a licence has been assigned, 
and who is a qualifying person. 
(4) In this section ‘‘with a view to their commercial exploitation’’ 
means with a view to the recordings being sold, rented or lent, or offered or exposed for sale, rental or loan or shown or played in public or otherwise made available to the public for commercial gain. 
216.—(1) A person infringes the rights conferred by this Part on 
a person having recording rights in relation to a performance where he or she, without the consent of the performer or of the person having recording rights in relation to the performance, makes a recording of the whole or any substantial part of the performance. 
(2) Without prejudice to any other remedy, in an action brought 
under this section for infringement of the rights referred to in subsec-
tion (1), 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. 
217.—(1) A person infringes the rights conferred by this Part on 
a person having recording rights in relation to a performance where he or she, without the consent of the person having recording rights in relation to the performance or, in the case of a qualifying perform-ance, the consent of the performer— 
(a) shows or plays in public the whole or any substantial part of 
the performance, or 
(b) broadcasts or includes in a cable programme service the 
whole or any substantial part of the performance, 
by means of a recording which was, and which that person knows or has reason to believe was, made without the appropriate consent. 
(2) The reference in subsection (1) to the ‘‘appropriate consent’’ 
is to the consent of— 
(a) the performer, or 
(b) the person who, at the time the consent was given, had 
recording rights in relation to the performance (or, where there was more than one such person, the consent of all of them). 
126 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
218.—(1) A person infringes the rights conferred by this Part on 
a person having recording rights in relation to a performance where 
he or she, without the consent of the person having recording rights in relation to the performance or, in the case of a qualifying perform-ance, the consent of the performer— 
(a) sells, rents or lends, or offers or exposes for sale, rental or 
loan, 
(b) imports into the State, otherwise than for his or her private 
and domestic use, 
(c) in the course of a business, trade or profession, has in his or 
her possession, custody or control, or makes available to 
the public, or 
(d) otherwise than in the course of a business, trade or pro-
fession, makes available to the public to such an extent 
as to prejudice the interests of the person having recording rights, 
a recording of a performance which is, and which that person knows or has reason to believe is, an illicit recording. 
(2) Where, in an action brought under this section for infringe-
ment of the rights conferred by this Part on a person having recording rights, a defendant shows that the illicit recording was innocently acquired by him or her or his or her predecessor in title, the only remedy available against the defendant in respect of the infringement shall be an award of damages not exceeding a reason-able payment in respect of the act complained of. 
219.—A person infringes the rights conferred by this Part on a 
person having recording rights in relation to a performance where he or she, without the consent of the person having recording rights in relation to the performance or, in the case of a qualifying perform-ance, the consent of the performer— 
(a) makes, 
(b) sells, rents or lends, or offers or exposes for sale, rental or 
loan, 
(c) imports into the State, or 
(d) has in his or her possession, custody or control, 
an article specifically designed or adapted for making recordings of a performance, knowing or having reason to believe that it has been or is to be used to make illicit recordings. 
Chapter 4 
Acts Permitted in Relation to Performances 
220.—In this Part an act may be exempted under more than one 
category of exemption and the exemption of an act under one cate-gory of exemption shall not preclude its exemption under another category. 
221.—(1) Fair dealing with a performance or recording for the 
purposes of criticism or review, of that or another performance or 
127 Pt.III 
Secondary 
infringement: importing, possessing or dealing with illicit recording. 
Secondary 
infringement: providing means for making illicit recordings. 
Exemptions in 
respect of performance. 
Fair dealing with 
performances, etc. Pt.III S.221 
Incidental use of 
performances. 
Copying of a 
performance for purpose of instruction, etc. 
Playing of sound 
recording, etc., at an educational establishment. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
recording, or of a work, or for the purpose of reporting current 
events, shall not infringe any of the rights conferred by this Part. 
(2) In this Part ‘‘fair dealing’’ means the making use of a perform-
ance or a recording which has been lawfully made available to the public for a purpose and to an extent which will not unreasonably prejudice the interests of the rightsowner. 
222.—(1) The rights conferred by this Part are not infringed by 
the inclusion in an incidental manner of a performance or recording in another recording or work. 
(2) The rights conferred by this Part are not infringed by the mak-
ing available to the public of anything whose making was not, by virtue of subsection (1), an infringement of those rights. 
(3) A performance or recording shall not be regarded as included 
in an incidental manner in another recording or work where it is included in a manner where the interests of the rightsowner are unreasonably prejudiced. 
Education 
223.—(1) The rights conferred by this Part are not infringed by 
the copying of a recording of a performance in the course of instruc-tion or preparation for instruction where the copying is done by or on behalf of a person giving or receiving instruction. 
(2) The rights conferred by this Part are not infringed— 
(a) by the copying of a recording of a performance for the pur-
poses of setting or answering the questions in an examin-ation, or 
(b) by anything done for the purposes of an examination by 
way of communicating the questions to the examination candidates. 
(3) 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 avail-able to the public, it shall be treated as an illicit recording for those purposes and for all subsequent purposes. 
224.—(1) The playing or showing of a sound recording, film, 
broadcast or cable programme before an audience limited to persons who are teachers in or pupils in attendance at an educational estab-lishment 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) by any person for the purposes of instruction, 
is not a playing or showing of a performance or a recording in public for the purposes of infringement of the rights conferred by this Part. 
(2) For the purposes of this section, a person is not directly con-
nected with the activities of an educational establishment by reason only that he or she is a parent or a guardian of a pupil in attendance at the educational establishment concerned. 
128 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
225.—(1) A recording of a broadcast or a cable programme, or a 
copy of such a recording, may be made by or on behalf of an edu-
cational establishment for the educational purposes of that establish-ment without infringing any of the rights conferred by this Part in relation to any performance or recording included in the broadcast or cable programme. 
(2) 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. 
226.—(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 
205(5)(g) and shall not infringe the rights conferred by this Part by 
the lending of copies of a recording of a performance. 
(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 
227.—(1) The Minister may make regulations for the purposes of 
this section and those regulations may make different provisions for different classes of libraries or archives and for different purposes. 
(2) Without prejudice to the generality of subsection (1), the Mini-
ster may prescribe the libraries and archives to which sections 228 to 
234 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 recording of a performance 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 pre-scribed archive a copy of a recording of a performance or part of a recording of a performance which has been lawfully made available to the public and is required by that other prescribed library or 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 recording of a performance in the permanent collection of the library or archive in order to preserve or replace that recording in the permanent collection of that prescribed library or prescribed 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 recordings of a performance which have not been lawfully made available to the public from a recording in the prescribed library or prescribed archive to a person requiring the copy. 
129 Pt.III 
Recording of 
broadcast, etc., on behalf of an educational establishment. 
Performer’s rights 
not infringed by lending. 
Regulations relating 
to copying of recordings by libraries and archives. Pt.III 
Libraries and 
archives: declarations. 
Copying by 
librarians or archivists: parts of recordings lawfully made available to public. 
Multiple copying. 
Copying by 
librarians or archivists: supply of copies to other libraries and archives. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
228.—(1) Where regulations made by the Minister under section 
227 require a librarian or archivist to be satisfied as to any matter 
before making or supplying a copy of a recording of a performance— 
(a) the librarian or archivist concerned may rely on a declar-
ation 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 recording of a perform-
ance makes a declaration which is false in a material particular and is supplied with a copy which would have been an illicit recording if made by him or her— 
(a) he or she shall be liable for infringement of the rights con-
ferred by this Part as if he or she had made the copy, and 
(b) the copy shall be treated as an illicit recording. 
229.—(1) The librarian or archivist of a prescribed library or pre-
scribed archive may, where the prescribed conditions are complied with, make and supply a copy of part of a recording of a performance which has been lawfully made available to the public without infring-ing any rights conferred by this Part. 
(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 recording 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 recording 
of a performance. 
230.—(1) A copy of a recording shall not be supplied under section 
229 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. 
231.—(1) The librarian or archivist of a prescribed library or pre-
scribed archive may, where the prescribed conditions are complied with, make and supply to another prescribed library or prescribed archive a copy of the whole or part of a recording of a performance, which has been lawfully made available to the public, without infring-ing any rights conferred by this Part. 
130 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(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 mak-ing of the copy. 
232.—(1) The librarian or archivist of a prescribed library or pre-
scribed archive may, where the prescribed conditions are complied with, make a copy of a recording of a performance in the permanent collection of the library or archive— 
(a) in order to preserve or replace that recording by placing the 
copy in the permanent collection of that library or archive 
in addition to or in place of that recording, or 
(b) in order to replace in the permanent collection of another 
prescribed library or prescribed archive a recording 
which has been lost, destroyed or damaged, 
without infringing any right conferred by this Part. 
(2) This section shall only apply where it is not reasonably practic-
able to purchase a copy of the recording concerned for the purposes of subsection (1). 
233.—(1) The librarian or archivist of a prescribed library or pre-
scribed archive may, where the prescribed conditions are complied with, make a copy of a recording of a performance in the permanent collection of the library or archive— 
(a) for the purposes of obtaining insurance cover for the copy 
of a performance concerned; 
(b) for purposes of security; 
(c) for the purposes of compiling or preparing an archival 
record of the performance; or 
(d) for exhibition in the library or archive, 
without infringing any rights conferred by this Part. 
(2) This section shall apply to copying conducted for the curatorial 
purposes specified in subsection (1), and to an extent reasonably jus-
tified by the non-commercial purpose to be achieved. 
234.—(1) The librarian or archivist of a prescribed library or pre-
scribed archive may, where the prescribed conditions are complied with, make and supply a copy of the whole or part of a recording of a performance which has not been lawfully made available to the public from any recording in the permanent collection of the library or archive without infringing any right conferred by this Part. 
(2) This section shall not apply where the performer, or the person 
having recording rights in the relevant performance, has prohibited copying of that recording of the performance 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 
131 Pt.III S.231 
Copying by 
librarians or archivists: replacement copies of recordings of performances. 
Copying by 
librarians or archivists for certain purposes. 
Copying by 
librarians or archivists: certain recordings not lawfully made available to public. Pt.III S.234 
Copy of recording 
required to be made as condition of export. 
Copying by 
librarians or archivists: illicit recording. 
Parliamentary and 
judicial proceedings. 
Statutory inquiries. 
Copying of material 
in public records. 
Material open to 
public inspection or on statutory register. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
requires that copy for 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 that recording or part of that recording. 
235.—Where a recording of a performance 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, Gael-tacht and the Islands under section 50 of the National Cultural Insti-tutions Act, 1997, it shall not be an infringement of any right con-ferred by this Part to make that copy. 
236.—Where a copy which would otherwise be an illicit recording 
is made under section 229, 231, 232, 234 or 235 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. 
Public Administration 
237.—The rights conferred by this Part are not infringed by any-
thing done for the purposes of parliamentary or judicial proceedings or for the purpose of reporting those proceedings. 
238.—(1) The rights conferred by this Part are not infringed by 
anything done for the purposes of a statutory inquiry or for the pur-pose of reporting any such inquiry. 
(2) The rights conferred by this Part are not infringed by the mak-
ing available to the public of copies of a report of a statutory inquiry containing a recording of a performance. 
239.—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 infringing any right conferred by this Part. 
240.—(1) Without prejudice to the generality of section 239, where 
material is open to public inspection pursuant to a statutory require-
ment, or is on a statutory register, the rights conferred by this Part are 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, by or on the authority of the person main-taining the register. 
(2) Where material is open to public inspection pursuant to a 
statutory requirement, or is on a statutory register, the rights con-ferred by this Part are not infringed by the copying or making avail-able 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, the person maintaining the register. 
(3) Where a recording of a performance 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 
132 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
may be made without the consent of the person entitled to authorise 
such use. 
(4) Material may not be provided under this section unless the 
person granting access to the material has first 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 pur-pose 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 infor-mation about matters of general, scientific, technical, commercial or 
economic interest, the rights conferred by this Part are 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 party, 
or 
(b) to a register maintained by an international organisation 
specified in the order, 
as they apply in relation to material open to public inspection pursu-ant to a statutory requirement, or on a statutory register. 
241.—(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 any right conferred by this Part. 
(2) Nothing in this section shall be construed as excluding any 
defence available under any enactment. 
Recordings in Electronic Form 
242.—(1) This section applies where a recording of a performance 
in electronic form has been purchased on terms which expressly or impliedly allow the purchaser to make further recordings in connec-tion with his or her use of the recording. Pt.III S.240 
Acts done under 
statutory authority. 
Transfer of copies 
of recordings in electronic form. 
(2) Where there are no express terms— 
133 Pt.III S.242 
Use of recordings 
of spoken words in certain cases. 
Transient and 
incidental copies. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(a) prohibiting the transfer of the recording by the purchaser, 
imposing obligations which continue after a transfer, pro-
hibiting the assignment of any licence or terminating any licence on a transfer, or 
(b) specifying the conditions on which a transferee may under-
take 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 any right conferred by this Part, but any recording made by the purchaser 
which is not also transferred shall be treated as an illicit recording 
for those purposes and for all subsequent purposes. 
(3) Subsection (2) applies where the original purchased recording 
is no longer usable and that which is transferred is a further recording 
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 sub-sequent transferee. 
(5) This section shall not apply in relation to a recording pur-
chased before the commencement of this Part. 
Miscellaneous Matters Relating to Performers’ Rights 
243.—(1) Subject to compliance with the conditions specified in 
subsection (2), where a recording of the reading or recitation of a literary or a dramatic work is made for the purpose of— 
(a) reporting current events, or 
(b) broadcasting or including in a cable programme service the 
whole or part of the reading or recitation, 
it is not an infringement of any right conferred by this Part to use the recording or to make further copies and use those copies for the purposes referred to in paragraphs (a) and (b). 
(2) The conditions referred to in subsection (1) are— 
(a) that the recording is a direct recording of the reading or 
recitation and is not taken from a previous recording or from a broadcast or cable programme, 
(b) that the making of the recording was not prohibited by or 
on behalf of the person giving the reading or recitation, 
(c) that the use made of the recording is not prohibited by or 
on behalf of the person giving the reading or recitation before the recording was made, and 
(d) that the use made of the recording is by or with the auth-
ority of a person who is lawfully in possession of the recording. 
244.—(1) The rights conferred by this Part are not infringed by 
the making of a transient and incidental copy of a recording of a performance which is technically required for the viewing of or 
134 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
listening to the recording by a member of the public to whom the 
recording is lawfully made available. 
(2) 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 avail-able to the public, it shall be treated as an illicit recording for those purposes and for all subsequent purposes. 
245.—(1) A recording 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 any right conferred by this Part 
where at the time the recording is made— 
(a) the making of the recording does not infringe any copyright, 
and 
(b) the making of the recording is not prohibited by any 
performer. 
(2) A copy of a recording made under subsection (1) and included 
in an archive maintained by a designated body may, subject to com-
pliance with the conditions referred to in subsection (3), be made 
and supplied by an archivist without infringing any right conferred by this Part. 
(3) The conditions referred to in subsection (2) relating to the 
actions of archivists are— 
(a) that a copy may not be supplied other than to a person who 
satisfies the 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 
(b) that a person shall not be furnished with more than one 
copy of the same recording. 
(4) In this section ‘‘designated body’’ means a body designated for 
the purposes of section 92. 
246.—(1) Subject to subsection (2), it is not an infringement of any 
of the rights conferred by this Part to cause a sound recording, broad-cast 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 prem-
ises 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. 
247.—(1) Subject to compliance with the conditions specified in 
subsection (2), it is not an infringement of any right conferred by this Part to play a sound recording as part of the private activities of or for the benefit of a club, society or other organisation. Pt.III S.244 
Recordings of 
works of folklore. 
Playing or showing 
sound recordings, broadcasts and cable programmes in certain premises. 
Playing of sound 
recordings for clubs, societies, etc. 
(2) The conditions referred to in subsection (1) are— 
135 Pt.III S.247 
Recording for 
purposes of broadcast or cable programme. 
Recording for 
purposes of supervision and control of broadcasts and cable programmes. 
Recording for 
purposes of time-shifting. 
Reception and 
retransmission of broadcast in cable programme service. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(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) 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 to be heard and any of the pro-ceeds of the charge are applied otherwise than for the purpose of the club, society or other organisation. 
248.—(1) Where, by virtue of a licence or assignment of a right 
conferred by this Part, a person is authorised to broadcast or include in a cable programme service a recording of a performance, he or she shall be deemed to be licensed by the owner of the right in the recording to copy or authorise the copying of that recording by means of his or her facilities for the purposes of his or her broadcast or cable programme. 
(2) A licence conferred by subsection (1) shall be subject to the 
condition that any copy resulting from the exercise of that 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 recording made under this section shall be treated 
as an illicit recording where it is used for purposes other than broad-casting or inclusion in a cable programme service or where it is used after the expiration of 3 months from the date it is first used for broadcasting or included in a cable programme service. 
249.—(1) The rights conferred by this Part are not infringed by 
the making or use by an authorised broadcaster or authorised cable programme service provider, for the purpose of maintaining super-vision and control over programmes broadcast by them or included 
by them in a cable programme service, of recordings of those 
programmes. 
(2) The rights conferred by this Part are not infringed by any use 
made by any body established by the State to regulate the operations of broadcasters or cable programme service providers of any recordings of broadcasts or cable programmes. 
250.—(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 any right conferred by this Part. 
(2) Subject to subsection (3), the making by an establishment for 
private and domestic use of a fixation of a broadcast or cable pro-gramme solely for the purpose of enabling it to be viewed or listened to at another time or place shall not infringe any right conferred by this Part. 
(3) The Minister may specify by order establishments for the pur-
poses of this section. 
251.—(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. 
136 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(2) The rights conferred by this Part in relation to a performance 
or recording included in a broadcast to which this section applies are 
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 sat-ellite transmission or an encrypted transmission. 
(3) Where the making of a broadcast is an infringement of any 
right conferred by this Part, the fact that the broadcast was retrans-mitted as a programme in a cable programme service shall be taken 
into account in assessing the damages for that infringement. 
252.—(1) A designated body may— 
(a) make a copy of a recording, 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 
any right conferred by this Part. 
(2) 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 avail-able to the public, it shall be treated as an illicit recording for those purposes and for all subsequent purposes. 
(3) In this section ‘‘designated body’’ means a body designated for 
the purposes of section 104. 
253.—(1) A recording of a broadcast or a cable programme of a 
designated class or a copy of such a recording may be made for the purpose of including it in an archive maintained by a designated body 
without infringing any right conferred by this Part in relation to a 
performance or recording included in the broadcast or cable programme. 
(2) In this section— 
‘‘designated body’’ means a body designated for the purposes of section 105; 
‘‘designated class’’ means a class designated for the purposes of 
section 105. 
254.—(1) Subject to the service or publication of such notices as 
may be required by rules made under section 363 or as the Controller 
may in any particular case direct, the Controller may by order, on the application of a person wishing to make a copy of a recording of a performance, consent to the making of the copy in a case where the identity or location of the person entitled to the reproduction right cannot be ascertained by reasonable enquiry. 
(2) The consent given by the Controller under subsection (1) has 
effect in the same manner as the consent of the person entitled to the reproduction right for the purposes of section 204 and may be 
given subject to any conditions specified in the order made under subsection (1). 
(3) For the purposes of giving consent under subsection (1), the 
Controller shall take into account— 
137 Pt.III S.251 
Provision of 
modified recordings. 
Recording for 
archival purposes. 
Power of Controller 
to consent on behalf of performer. Pt.III S.254 
Order for delivery 
up. 
Application to 
District Court for seizure of illicit recordings, articles or devices, etc. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(a) whether the original recording was made with the consent 
of the performer and is lawfully in the possession, custody 
or control of the person proposing to make the copy, and 
(b) whether the making of the copy is consistent with the obli-
gations of the parties to the arrangements under which, or is otherwise consistent with the purposes for which, the original recording was made. 
(4) Subsection (3) shall not affect the obligation of the Controller 
in any case to have regard to all relevant circumstances. 
(5) Where the Controller consents under subsection (1) he or she 
shall, in default of agreement between the applicant and the person entitled to the reproduction right, make such order as the Controller 
thinks fit as to the payment to be made to the person entitled to the 
reproduction right in consideration of consent being given. 
Chapter 5 
Delivery Up and Seizure 
255.—(1) Where a person— 
(a) in the course of a business, trade or profession, has in his or 
her possession, custody or control an illicit recording of 
a performance, 
(b) has in his or her possession, custody or control an article 
specifically designed or adapted for making recordings of a performance, knowing or having reason to believe that it has been or is to be used to make illicit recordings, or 
(c) has in his or her possession, custody or control a protection-
defeating device, 
a person having rights conferred by this Part in relation to the per-formance may apply to the appropriate court for an order that the 
illicit recording, article or device be delivered up to him or her or to 
such other person as the court may direct. 
(2) An application under subsection (1) shall not be made after 
the expiration of the period specified in section 263(1) as being the 
limit of the period for delivery up and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order as to the disposal of the illicit recording, article or device. 
(3) A person to whom an illicit recording, article or device is deliv-
ered up pursuant to an order made under this section shall, where an order under section 264 as to the disposal of the illicit recording, 
article or device is not made, retain it pending the making of an order, or the decision not to make an order, under that section. 
256.—(1) Without prejudice to section 257 where the owner of the 
rights in a recording of a performance conferred by this Part applies to the District Court, it may, where satisfied that there are reason-able grounds for believing that there are being hawked, carried about or marketed— 
(a) illicit recordings of the performance, 
138 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(b) articles specifically designed or adapted for making 
recordings of a performance, which the person hawking, 
carrying about or marketing those articles, knows or has reason to believe that they have been or are to be used to make illicit recordings of a performance, or 
(c) protection-defeating devices, 
authorise by order a member of the Garda Sı ´ocha´na to seize without 
warrant the recordings, articles or devices and to bring them before the District Court. 
(2) On being satisfied that a recording, article or device referred 
to in subsection (1) is— 
(a) an illicit recording, 
(b) an article that has been or is to be used to make illicit 
recordings, or 
(c) a protection-defeating device, 
the District Court may order the recording, article or device to be destroyed or to be delivered up to the rightsowner or otherwise dealt with as the Court may think fit. 
(3) In an application to the District Court under subsection (1) 
or, in any ex parte application or interlocutory motion to a court of 
competent jurisdiction for an order which would permit the applicant to enter and search premises or place specified therein and take pos-session of material found therein on terms set out in such order, the court hearing such an application may receive hearsay evidence to the effect that the witness or deponent believes that the material may be found in a particular location. 
(4) A witness or deponent shall not be obliged to indicate the 
source of the information upon which that witness formed the belief that material may be found in a particular location. 
(5) After the implementation of an order made under this section, 
the court may, on the application of a person aggrieved by it, award damages against the applicant for the order as it considers just, on being satisfied that— 
(a) no infringement of a right conferred by this Part has been 
established, and 
(b) the information on which the rightsowner applied for the 
order was given maliciously. 
257.—(1) Where it would be impracticable for the owner of the 
rights in a recording of a performance to apply to the District Court for an order under section 256, a recording, article or device referred 
to in section 256(1), in respect of which the rightsowner would be 
entitled to apply for an order for delivery up under section 255, may 
be seized and detained by the rightsowner or a designated represen-tative of that owner where the recording, article or device is found being hawked, carried about or marketed. 
(2) The right to seize and detain conferred by subsection (1) is 
exercisable subject to subsections (4) to (8) and is subject to any 
139 Pt.III S.256 
Right of 
rightsowner to seize illicit recordings, articles or devices, etc. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Pt.III S.257 decision of the court relating to disposal of illicit recordings, articles 
or devices under section 264. 
(3) A person who seizes any illicit recordings, articles or devices 
under this section shall apply to the District Court for an order to 
dispose of those recordings, articles or devices within 30 days of the seizure. 
(4) Before any illicit recordings, articles or devices are seized 
under this section notice of the time and place of the proposed seiz-ure shall be given to a member of the Garda Sı ´ocha´na in the District 
Court Area in which the recordings, articles or devices are to be seized. 
(5) A person exercising the right to seize and detain conferred by 
subsection (1) may enter premises to which members of the public 
have access. 
(6) A person exercising the right to seize and detain conferred by 
subsection (1) may not seize anything in the possession, custody or 
control of a person at his or her permanent or regular place of busi-ness, trade or profession, and may not use any force. 
(7) Without prejudice to the generality of subsection (6) a person 
exercising the right to seize and detain conferred by subsection (1) 
may make an inventory or prepare other evidence of infringement of any of the rights conferred by this Part or potential infringement of such rights. 
(8) At the time when any illicit recordings, articles or devices are 
seized under this section there shall be given to the owner, occupier or person in charge of the place where the recordings, articles or devices are seized a notice, in the prescribed form, informing the person of the right of the owner of the recordings, articles or devices being seized to apply to the District Court for the return of the recordings, articles or devices on the grounds that they are not— 
(a) illicit recordings of a performance, 
(b) articles that have been or are to be used to make illicit 
recordings, or 
(c) protection-defeating devices. 
(9) Without prejudice to the generality of subsection (8), the Mini-
ster shall prescribe the form of the notice to be given under that subsection and the form shall specify— 
(a) the name and the address of the person claiming to be the 
owner of the rights in the recording concerned, 
(b) the statutory authority for the seizure, 
(c) the grounds that the person seizing the recordings, articles 
or devices has for such seizure, and 
(d) a list of that which is seized. 
(10) The owner of any recordings, articles or devices seized under 
this section may apply to the District Court for the return of those recordings, articles or devices. 
(11) Rules of court shall be made under this section and the rules 
shall provide for procedures to enable applications to be made and dealt with in an expeditious manner. 
140 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(12) Where there has been an exercise of the right to seize and 
detain, conferred by subsection (1), the court may, on the application 
of a person aggrieved by it, award damages against a person who 
exercises that right as it considers just, on being satisfied that— 
(a) no infringement of a right conferred by this Part has been 
established, and 
(b) the person had no reasonable grounds for such seizure. 
Chapter 6 
Offences: Performances 
258.—(1) A person who, without the consent of the rightsowner— 
(a) makes for sale, rental or loan, 
(b) sells, rents or lends, or offers or exposes for sale, rental or 
loan, 
(c) imports into the State, otherwise than for his or her private 
and domestic use, 
(d) in the course of a business, trade or profession, has in his or 
her possession, custody or control, or makes available to the public, or 
(e) otherwise than in the course of a business, trade or pro-
fession, makes available to the public to such an extent as to prejudice the interests of the rightsowner, 
a recording which is, and which he or she knows or has reason to believe is, an illicit recording, shall be guilty of an offence. 
(2) A person who— 
(a) makes, 
(b) sells, rents or lends, or offers or exposes for sale, rental or 
loan, 
(c) imports into the State, or 
(d) has in his or her possession, custody or control, 
an article specifically designed or adapted for making recordings of a performance, knowing or having reason to believe that it has been or is to be used to make illicit recordings, shall be guilty of an offence. 
(3) A person who— 
(a) (i) makes, 
(ii) sells, rents or lends, or offers or exposes for sale, rental 
or loan, 
(iii) imports into the State, or 
(iv) has in his or her possession, custody or control, 
141 Pt.III S.257 
Offences. Pt.III S.258 
False claims of 
rights in performances. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
a protection-defeating device, knowing or having reason to 
believe that it has been or is to be used to circumvent rights 
protection measures, or 
(b) provides information, or offers or performs any service 
intended to enable or assist persons to circumvent rights protection measures, 
shall be guilty of an offence. 
(4) Where the rights conferred by this Part are infringed— 
(a) by the playing or showing in public of a recording of a per-
formance, or 
(b) by the broadcasting or inclusion in a cable programme ser-
vice of a performance or a recording of a performance, 
the person who caused the recording of the performance to be shown or played, or the performance or the recording of the performance to be broadcast or included in a cable programme service, shall be guilty of an offence where he or she knew or had reason to believe that the rights conferred by this Part would be infringed. 
(5) An offence shall not be committed under subsection (1) or (4) 
by the undertaking of an act which under this Part may be under-taken without infringing the rights conferred by this Part. 
(6) A person guilty of an offence under subsection (1), (2) or (3) 
shall be liable— 
(a) on summary conviction, to a fine not exceeding £1,500 in 
respect of each illicit recording, article or device, 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. 
(7) A person guilty of an offence under subsection (4) shall be 
liable— 
(a) on summary conviction, to a fine not exceeding £1,500 in 
respect of each offence, 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. 
259.—A person who, for financial gain, makes a claim to enjoy a 
right under this Part or Part IV which is, and which he or she knows 
or has reason to believe is, false, shall be guilty of an offence and shall be liable on conviction on indictment to a fine not exceeding £100,000, or to imprisonment for a term not exceeding 5 years, or both. 
Order for delivery 260.—(1) The court may, on conviction of a person or being satis-
up in criminal fied that there is a prima facie case to answer, where the court is 
proceedings. satisfied that at the time of the arrest or charge the person had in his or her possession, custody or control— 
142 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(a) in the course of a business, trade or profession, a recording 
of a performance, knowing or having reason to believe it 
to be an illicit recording, 
(b) an article specifically designed or adapted for making 
recordings of a performance, knowing or having reason to believe that it had been or was to be used to make illicit recordings, or 
(c) a protection-defeating device, 
order that the illicit recording, article or device be delivered up to the rightsowner or to such other person as the court may direct. 
(2) An order may be made by the court of its own motion, or on 
the application of the person bringing a prosecution, and may be made whether or not the person is convicted of the offence, but shall not be made— 
(a) after the expiration of the period specified in section 263(3) 
as being the limit of the period for delivery up, or 
(b) where it appears to the court unlikely that any order will be 
made as to the disposal of the illicit recordings, articles or devices. 
(3) A person to whom an illicit recording, article or device is deliv-
ered up pursuant to an order made under this section shall retain it pending the making of a final order or decision not to make an order, as the case may be. 
261.—(1) Where a Judge of the District Court is satisfied by infor-
mation on oath that there are reasonable grounds for suspecting— 
(a) that an offence under section 258 has been, or is about to 
be, committed in, on or at any premises or place, and 
(b) that evidence that such an offence has been, or is about to 
be, committed is in, on or at those premises or that place, 
the court may issue a warrant authorising a member of the Garda Sı´ocha´na, accompanied by such other members of the Garda Sı ´och-
a´na or other person or persons as that member thinks proper, at any 
time or times within 28 days from the date of the issue of the warrant, on production, where requested, of that warrant, to enter and search the premises or place specified in the warrant using reasonable force where necessary, and to do all or any of the following acts— 
(i) to seize any copies of any recordings, articles or devices in 
respect of which he or she has reasonable grounds for suspecting that an offence under section 258 has been or 
is about to be committed; 
(ii) to make an inventory or prepare other evidence of infringe-
ment or potential infringement of any right conferred by this Part; Pt.III S.260 
Search warrants and 
seizure. 
(iii) to seize anything found there which he or she believes on 
reasonable grounds may be required to be used in evi-
dence in any proceedings brought in respect of an offence under this Act; 
143 Pt.III S.261 
False representation 
of authority to give consent. 
Period after which 
remedy of delivery up is not available. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(iv) to require any person found there to give his or her name 
and address. 
(2) A warrant issued under this section may authorise persons, 
including the rightsowner or designated representative thereof, to 
accompany and assist any member of the Garda Sı ´ocha´na in execut-
ing the warrant or in collating any inventory or other evidence. 
(3) A person who— 
(a) obstructs or interferes with a person acting under the auth-
ority of a warrant issued under this section, 
(b) is found in, on or at the premises or place specified in the 
warrant by a member of the Garda Sı ´ocha´na acting as 
aforesaid and who fails or refuses to give the member his or her name and address when required to do so or gives a name or address that is false or misleading, 
(c) obstructs the exercise of an authority conferred by a warrant 
under this section, or 
(d) fails or refuses to give information to a member of the 
Garda Sı ´ocha´na when required to do so under this 
section, 
shall be guilty of an offence and shall be liable on summary convic-tion to a fine not exceeding £1,500, or to imprisonment for a term not exceeding 12 months, or both. 
262.—(1) It shall be an offence for a person to represent falsely 
that he or she is authorised by any person to give consent for the purposes of this Part in relation to a performance, unless he or she believes on reasonable grounds that he or she is so authorised. 
(2) A person guilty of an offence under this section is liable on 
summary conviction to a fine not exceeding £1,500, or to imprison-
ment for a term not exceeding 12 months, or both. 
263.—(1) Subject to subsection (2), an application for an order 
under section 255 may not be made after the expiration of 6 years 
from the date on which the illicit recording, article or device was 
made. 
(2) Where, during the whole or any part of the period referred to 
in subsection (1), a person entitled to apply for an order for delivery 
up— 
(a) is under a disability, or 
(b) is prevented by fraud or concealment from discovering the 
facts entitling him or her to apply for an order, 
an application under section 255 may be made at any time before the 
expiration of 6 years from the date on which the applicant ceased to be under a disability, or, as the case may be, could, with reasonable diligence, have discovered those facts. 
(3) An order for delivery up in criminal proceedings under section 
260 shall not, in any case, be made after the expiration of 6 years 
144 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
from the date on which the proceedings under section 260 were 
initiated. 
(4) Where in any proceedings for an order for delivery up under 
section 255 or 260 the date of the making of the illicit recording, 
article or device is put into question by the defendant, the onus of 
proof shall be on the defendant that the illicit recording, article or device was made more than 6 years before the date on which an application for an order under section 255 was made or proceedings 
under section 260 were initiated. 
264.—(1) An application may be made to the appropriate court 
for an order that an illicit recording, article or device— 
(a) delivered up under section 255 or 260,o r 
(b) seized and detained under section 256 or 261, 
shall be— 
(i) forfeited to the rightsowner, or 
(ii) destroyed or otherwise dealt with as the court may direct, 
and the court may make such an order or such other order as it thinks fit. 
(2) In considering what order, if any, should be made under sub-
section (1) the court shall consider whether other remedies available 
in an action for infringement of the rights conferred by this Part would be adequate to compensate the person entitled to those rights and to protect his or her interests. 
(3) Provision shall be made by rules of court as to the service of 
notice on persons having an interest in the recordings, articles or devices concerned, and any such person may— 
(a) appear in proceedings for an order under this section 
whether or not he or she was served with notice, or 
(b) appeal against any order made, whether or not he or she 
appeared in the proceedings concerned. 
(4) An order made under this section shall not take effect until 
the expiration of the period within which notice of an appeal may be given or, where before the expiration of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. 
(5) Where there is more than one person interested in a recording, 
article or device, the court shall make such order as it thinks fit and may direct the recording, article or device to be sold or otherwise dealt with and any proceeds divided in accordance with the direction of the court. 
(6) Where the court decides that no order shall be made under 
this section, the person who had the recording, article or device in his or her possession, custody or control immediately before it was delivered up or seized shall be entitled to its return. 
(7) References in this section to a person having an interest in a 
recording, article or device include any person in whose favour an 
145 Pt.III S.263 
Order as to disposal 
of illicit recording, article or device. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Pt.III S.264 
Licensing schemes 
and licensing bodies. 
General references. order may be made under this section in respect of the recording, 
article or device or under section 145 or under section 23 of the Trade 
Marks Act, 1996. 
Chapter 7 
Licensing Schemes: Performers’ Property Rights Licensing 
265.—(1) In this Part— 
‘‘licences’’ means licences to undertake or authorise the undertaking of any of the acts restricted by a performer’s property rights; 
‘‘licensing body’’ means a society or other organisation which has as 
its main object, or one of its main objects, the negotiating or granting, either as owner or prospective owner of a performer’s property rights, or as exclusive licensee or as agent for him or her, of per-formers’ property rights licences, and whose objects include the granting of licences relating to the performances of more than one performer; 
‘‘licensing scheme’’ means a scheme specifying— 
(a) the classes of case in which the operator of the scheme, or 
the person on whose behalf that operator acts, is willing 
to grant performers’ property rights licences, and 
(b) the terms on which licences would be granted in those 
classes of case, 
and for this purpose a ‘‘scheme’’ includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name. 
(2) References in this Part to licences or licensing schemes relating 
to the performances of more than one performer shall not include licences or schemes relating to— 
(a) performances recorded in a single recording, or 
(b) performances recorded in more than one recording where— 
(i) the performers giving the performances are the same, 
or 
(ii) the recordings are made by, or by employees of or 
commissioned by, a single individual, firm, company or group of companies, including holding companies and their subsidiaries. 
References and Applications Relating to Licensing Schemes 
266.—Sections 267 to 272 apply to licensing schemes which are 
operated by licensing bodies in relation to the performer’s property rights of more than one performer, in so far as they relate to licences for any of the acts restricted by a performer’s property rights under sections 204 and 205. 
146 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
267.—(1) The terms of a licensing scheme proposed to be oper-
ated by a licensing body may be referred to the Controller by an 
organisation which claims to be representative of persons claiming that they require licences in cases of a description to which the scheme would apply. 
(2) The Controller shall not consider a reference by an organis-
ation under subsection (1) unless the Controller is satisfied that the 
organisation is representative of the class of persons that it claims to represent. 
(3) The Controller may refuse to consider a reference under sub-
section (1) on the ground that the reference is premature. 
(4) Where the Controller decides to consider a reference under 
subsection (1) he or she shall consider the subject matter of the refer-
ence and make an order, either confirming or varying the proposed scheme, 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. 
268.—(1) Where a licensing scheme is in operation and a dispute 
arises with respect to the scheme between the operator of the scheme and— 
(a) a person claiming that he or she requires a licence in a case 
of a description to which the scheme applies, or 
(b) an organisation claiming to be representative of such 
persons, 
that operator, person or organisation may refer the scheme to the Controller in so far as it relates to cases of that description. 
(2) The Controller shall not consider a reference by an organis-
ation under subsection (1) unless the Controller is satisfied that the 
organisation is representative of the class of persons that it claims to represent. 
(3) 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. 
(4) The Controller shall consider the matter referred to him or 
her and shall make an order, confirming or varying the scheme, 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. 
269.—(1) Where the Controller has, in respect of a licensing 
scheme under section 267 or 268 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, Pt.III 
Reference of 
proposed licensing scheme to Controller. 
Reference of 
licensing scheme to Controller. 
Further reference of 
scheme to Controller. Pt.III S.269 
Application for 
grant of a licence in connection with licensing scheme. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(b) a person claiming that he or she requires a licence in a case 
of the description to which the order applies, and 
(c) an organisation claiming to be representative of persons 
referred to in paragraph (b). 
(3) Where an order under section 267 or 268 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. 
270.—(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 
148 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
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. 
271.—(1) Where the Controller has made an order under section 
270 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 reason-able, having regard to the terms applicable in accordance with the licensing scheme or, as the case may be, the circumstances of the case. 
272.—(1) A licensing scheme which has been confirmed or varied 
by the Controller under section 267, 268 or 269 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 267, 268 
or 269 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 ascer-tained, 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 a performer’s prop-erty rights as if he or she had at all material times been the holder of a licence granted by the rightsowner concerned in accordance with the scheme. 
(3) 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 
149 Pt.III S.270 
Review of orders 
made by Controller. 
Effect of order of 
Controller as to licensing scheme. Pt.III S.272 
General references 
by licensing bodies. 
Reference to 
Controller of proposed licence. 
Reference to 
Controller of expiring licence. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
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) Where the Controller has made an order under section 270 
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 a performer’s prop-erty rights as if he or she had at all material times been the holder of a licence granted by the rightsowner concerned on the terms speci-fied in the order. 
References and Applications Relating to Licensing by Licensing 
Bodies 
273.—Sections 274 to 277 apply to licences in relation to the per-
former’s property rights of more than one performer, 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 a performer’s property rights under sections 204 and 205. 
274.—(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 sub-
section (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. 
275.—(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 pro-
ceedings in relation to the reference are concluded. 
150 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(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. 
276.—(1) Where the Controller has made an order under section 
274 or 275, 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 reason-
able in the circumstances. 
277.—(1) Where the Controller has made an order under section 
274 or 275, 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 accord-
ance 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 a performer’s prop-erty rights as if he or she had at all material times been the holder of a licence granted by the rightsowner concerned on the terms speci-fied in the order. 
(2) The benefit of an order made under section 274 or 275 may be 
assigned— 
(a) in the case of an order made under section 274, 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 275, where 
assignment was not prohibited under the terms of the original licence. 
151 Pt.III S.275 
Application for 
review of order made by Controller. 
Effect of order of 
Controller as to licence. Pt.III S.277 
General 
considerations: unreasonable discrimination. 
Licences to reflect 
payments in respect of underlying rights. 
Register of licensing 
bodies for performers’ property rights. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(3) The Controller may direct that an order made under section 
274 or 275 or an order made under section 276 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 
278.—(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. 
279.—Where a reference or application is made under this Chapter 
in relation to licensing in respect of the performer’s property rights 
in a recording, the Controller shall take into account, in considering what charges are to be paid for a licence, any payments which the owner of the performer’s property right 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 
recording, or 
(b) in respect of any performance included in the recording. 
Chapter 8 
Registration of Licensing Bodies in Respect of Performers’ Property 
Rights 
280.—(1) The Controller shall establish and maintain a register of 
licensing bodies in respect of performers’ property rights in such form and manner and containing such particulars as the Minister may prescribe to be known as the ‘‘Register of Licensing Bodies for Performers’ Property Rights’’ and referred to in this Part as the ‘‘Register’’. 
152 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(2) The Controller shall keep the Register in such form 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 per-
son at such times and in such manner as may be pre-scribed 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 Regis-
ter, 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 regis-
tration where the Controller is satisfied that— 
(a) the applicant complies with the definition of a licensing 
body specified in section 265, 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 to be prescribed by the Minister under sub-
section (5)(b) shall include 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, of the applicant; 
(e) details of the scheme; 
(f) details of the scales of charges or proposed charges to be 
levied by the applicant; and 
(g) the class of rightsowners represented or proposed to be rep-
resented by the applicant. 
(7) On the registration or renewal of a registration of a licensing 
body the Controller shall issue to the applicant a certificate of regis-tration in such form as the Controller shall determine. 
281.—A certificate granted under section 280(7) shall include the 
particulars specified in subsection (6) of that section and the certifi-
cate 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 
153 Pt.III S.280 
Proof that licensing 
body may act on behalf of specified classes. Pt.III S.281 
Notification of 
charges. 
Validity of 
certificates of registration. 
Refusal of 
application. 
Indemnity for 
Controller. 
Obligation of 
collecting societies to register (performers’ property rights). [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
who have assigned rights to it, or exclusively licensed it, as specified 
in that certificate. 
282.—(1) A licensing body registered under this Part which pro-
poses 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. 
283.—(1) A certificate of registration issued under section 280(7) 
shall be valid for a period of 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 280(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. 
284.—(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 280(5). 
(2) The Controller shall remove a licensing body from the Regis-
ter where its application for renewal of its registration is refused or its registration is cancelled. 
285.—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. 
286.—(1) Any body operating as a licensing body within the 
meaning specified in section 265 shall be obliged to register in accord-
ance 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 6 months of the commencement of this Chapter 
to register under the terms of this Chapter, 
154 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(b) fails within 2 months of its establishment in the case of a 
body established after the commencement of this Chap-
ter to register under the terms of this Chapter, or 
(c) continues to operate as such a body having been removed 
from the Register for any reason, 
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 9 
Qualification: Performances 
287.—In this Part, and in Part IV— 
‘‘qualifying country’’ means— 
(a) Ireland, 
(b) another Member State of the EEA, or 
(c) to the extent that an order under section 289 so provides, a 
country designated under that section; 
‘‘qualifying individual’’ means a citizen or subject of, or an individual 
domiciled or ordinarily resident in, a qualifying country; and 
‘‘qualifying person’’ means an Irish citizen, or an individual domi-
ciled or ordinarily resident in the State. 
288.—A performance is a qualifying performance for the purposes 
of the provisions of this Part and Part IV if it is given by a qualifying 
individual or a qualifying person, or takes place in a qualifying coun-try, territory, state or area, in accordance with this Chapter. 
289.—(1) The Government may by order designate as a qualifying 
country enjoying protection under this Part and Part IV any country, 
territory, state or area, as to which the government is satisfied that provision has been or will be made under its law giving adequate protection for Irish performances. 
(2) For the purposes of this section, an ‘‘Irish performance’’ 
means a performance— 
(a) given by an Irish citizen, or by an individual who is domi-
ciled or ordinarily resident in the State, or Pt.III S.286 
Definition of 
qualifying person. 
Qualifying 
performance. 
Designation of 
qualifying countries. 
(b) taking place in the State. 
155 Pt.III S.289 
Territorial waters 
and Continental Shelf. 
Duration of rights. 
Performers’ 
property rights. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(3) Where the law of that country, territory, state or area provides 
adequate protection only for certain descriptions of performance, an 
order under subsection (1) designating that country, territory, state 
or area may contain provision limiting to a corresponding extent the protection afforded by this Part or Part IV in relation to perform-
ances connected with the country, territory, state or area. 
290.—For the purposes of this Part and Part IV— 
(a) acts undertaken in, on, 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 regis-
tered under the laws of the State, 
shall be deemed to have been undertaken in the State. 
Chapter 10 
Duration of Rights in Performances 
291.—The rights conferred by this Part shall expire 50 years from 
the end of the calendar year in which— 
(a) the performance takes place, or 
(b) where within that period a recording of the performance is 
lawfully made available to the public, that recording is first so lawfully made available to the public. 
Chapter 11 
Performers’ Property Rights 
292.—(1) The rights conferred on a performer by sections 204, 
205, 206 and 207 are property rights and shall be known and in Parts 
III and IV referred to as ‘‘performers’ property rights’’. 
(2) Where different persons are (whether in consequence of a par-
tial assignment or otherwise) entitled to different aspects of a per-former’s property rights in relation to a performance, the rights-owner for the purposes of Parts III and IV is the person who is 
entitled to the aspect of those rights relevant for those purposes. 
(3) Where a performer’s property rights (or any aspect of them) 
are owned jointly by more than one person, references in this Part 
to the rightsowner shall include references to all those owners, such that, in particular, any requirement of the licence of the rightsowner requires the licence of all of them. 
(4) References in Parts III and IV to the consent of a performer 
shall be construed in relation to the performer’s property rights as references to the consent of the rightsowner. 
156 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
Chapter 12 
Transmission of Performers’ Property Rights 
293.—(1) A performer’s property rights are transmissible by 
assignment, by testamentary disposition or by operation of law, as 
personal or moveable property. 
(2) A transmission of a performer’s property rights by assignment, 
by testamentary disposition or by operation of law may be partial, 
so as to apply— 
(a) to one or more but not all of the acts a performer has the 
right to authorise or prohibit, or 
(b) to part but not the whole of the period for which the rights 
in the performance are to subsist. 
(3) An assignment of a performer’s property rights, whether in 
whole or in part, is not effective unless it is in writing and signed by or on behalf of the assignor. 
(4) A licence granted by the owner of a performer’s property 
rights is binding on every successor in title to his or her interest in the rights, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser and references in this Part to undertaking any act with or without the licence of the rightsowner shall be construed accordingly. 
(5) A licence granted by a prospective owner of a performer’s 
property rights is binding on every successor in title to his or her interest (or prospective interest) in the rights, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a 
purchaser, and references in this Part to undertaking any act with or 
without the licence of the rightsowner shall be construed accordingly. 
294.—(1) Where, by an agreement made in relation to a per-
former’s property rights in respect of a future performance and 
signed by or on behalf of the performer, the performer purports to assign his or her rights in such a performance, whether in whole or in part, to another person, then where, on the rights coming into existence, the assignee or his or her successor in title or another person claiming under him or her would be entitled as against all other persons to require the rights to be vested in him or her, the rights shall vest in the assignee or his or her successor in title under this section or any other person claiming under him or her. 
(2) Where, at the time when any performer’s property right comes 
into existence, the person who, if he or she were then living, would be entitled to the right is dead, the right shall devolve as if it had existed immediately before his or her death and he or she had then been the owner of the right. 
(3) The rights of an assignee in a future performance shall not be 
prejudiced by the fact that the agreement referred to in subsection 
(1) was made before the commencement of this section. 
(4) In this Part— 
157 Pt.III 
Assignment and 
licences. 
Prospective 
ownership of performers’ property rights. Pt.III S.294 
Exclusive licences. 
Performers’ 
property rights to pass under will with certain original recordings. 
Presumption of 
transfer of rental right in case of film production agreement. 
Right to equitable 
remuneration where rental right is transferred. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
‘‘future performance’’ means any performance which will or may 
take place at some date in the future; 
‘‘prospective owner’’, in relation to a performer’s property rights, 
includes a person who is prospectively entitled to those rights by virtue of an agreement referred to in subsection (1). 
295.—(1) In this Part an ‘‘exclusive licence’’ means a licence in 
writing which is signed by or on behalf of an owner or prospective owner of a performer’s property rights authorising the licensee, to the exclusion of all other persons, including the person granting the licence, to exercise a right which would otherwise be exercisable exclusively by the rightsowner and references to an exclusive licensee 
shall be construed accordingly. 
(2) An exclusive licensee has the same rights against a successor 
in title who is bound by the licence as he or she has against the 
person granting the licence. 
296.—Where, under a bequest (whether specific or general), a per-
son is entitled, beneficially or otherwise, to any material thing con-taining an original recording of a performance which had not been made available to the public before the death of the testator, the bequest shall be construed as including any performer’s property rights in relation to the recording in so far as the testator was the owner of the rights immediately before his or her death, unless a contrary intention is indicated in the will of the testator or in a codicil to that will. 
297.—(1) Without prejudice to the right of a performer to receive 
equitable remuneration in respect of a rental right, where an agree-ment concerning film production is concluded between a performer and a film producer, the performer shall be presumed, unless the agreement provides to the contrary, to have transferred to the film 
producer any rental right in relation to the film arising by virtue of 
the inclusion of a recording of his or her performance in the film. 
(2) Where a presumption of transfer of the rental right arises by 
virtue of subsection (1), the absence of a signature by or on behalf 
of the performer shall not restrict the operation of section 293 or 294. 
(3) The reference in subsection (1) to an agreement concluded 
between a performer and a film producer includes any agreement 
whether made by them directly or through intermediaries. 
(4) The right to equitable remuneration on the transfer of the 
rental right applies where there is a presumed transfer under this section as in the case of an actual transfer. 
298.—(1) Without prejudice to the generality of section 297, where 
a performer has transferred his or her rental right he or she retains the right to equitable remuneration for the rental. 
(2) The right to equitable remuneration conferred by this section 
shall not be waived by the performer and the performer shall not assign the right to equitable remuneration except to a collecting society for the purpose of enabling the collecting society to exercise that right on his or her behalf. 
158 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(3) The right to equitable remuneration is transmissible by way of 
testamentary disposition or by operation of law, as personal or move-
able property and it may be further transmitted, including by assign-ment, by any person who legally acquires the right. 
(4) Equitable remuneration under this section is payable by the 
person to whom the rental right is transferred or any successor in title. 
(5) Subject to section 299, the amount payable by way of equitable 
remuneration is that which has been agreed by or on behalf of the 
persons by and to whom it is payable. 
(6) An agreement is void in so far as it purports to exclude or 
restrict the right to equitable remuneration conferred by this section. 
(7) References in this Part to the transfer of the rental right by 
one person to another include any arrangement having that effect 
whether made by them directly or through intermediaries. 
(8) In this section ‘‘collecting society’’ means a society or other 
organisation which has as one of its main objects the exercise of the right to collect equitable remuneration under this section on behalf of more than one performer. 
299.—(1) In default of agreement as to the amount of equitable 
remuneration payable under section 298, the person by or to whom 
it is payable may apply to the Controller for an order under subsec-
tion (4). 
(2) Subject to subsection (3), a person by or to whom equitable 
remuneration is payable under section 298 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. 
(3) An application may not be made under subsection (2) within 
12 months from the date of the previous determination except with the special leave of the Controller. 
(4) On an application being made under this section the Control-
ler 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. 
(5) An order made under subsection (4) shall have effect from the 
date on which it is made or such later date as may be specified by 
the Controller. 
(6) Remuneration shall not be considered inequitable because it 
is paid by way of a single payment or at the time of transfer of the rental right. 
(7) An agreement is void in so far as it purports to prevent a 
person challenging the amount of equitable remuneration or to restrict the powers of the Controller under this section. 
159 Pt.III S.298 
Equitable 
remuneration: reference of determination of amount to Controller. Pt.III 
Performers’ non-
property rights. 
Transmissibility of 
rights of person having recording rights. 
Consent. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Chapter 13 
Transmission of Recording Rights and Performers’ Non-Property 
Rights 
300.—(1) The rights conferred on a performer by sections 203, 209 
and 212 are non-property rights and shall be known and in Parts III 
and IV referred to as ‘‘performers’ non-property rights’’. 
(2) A performer’s non-property rights are not assignable or trans-
missible, except to the extent provided for in subsection (3). 
(3) On the death of a person entitled to a performer’s non-prop-
erty rights— 
(a) the rights pass by testamentary disposition to such person 
as the person entitled to the right may direct, and 
(b) where there is no such direction, the right is exercisable by 
the personal representatives of the person entitled to the 
right. 
(4) References in Parts III and IV to the performer, in the context 
of the person having any right referred to in subsection (1), shall be 
construed as references to the person for the time being entitled to exercise those rights. 
(5) Where, under subsection (3)(a), a right becomes exercisable 
by more than one person, it is exercisable by each of them. 
(6) Any damages recovered by personal representatives under this 
section in respect of an infringement after a person’s death shall devolve as part of the person’s estate as if the right of action had subsisted and been vested in that person immediately before his or her death. 
301.—(1) The rights conferred by this Part on a person having 
recording rights in relation to a performance are not assignable or transmissible. 
(2) Subsection (1) shall not affect the operation of section 
215(2)(b) or section 215(3)(b) in so far as those provisions confer 
rights under this Part on a person to whom the benefit of a contract or licence is assigned. 
302.—(1) For the purposes of this Part and Part IV, consent by a 
person having a performer’s non-property rights, or by a person hav-ing recording rights, may be given in relation to a specific perform-ance, a specified description of performances or performances gener-ally, and may relate to past or future performances. 
(2) A person having recording rights in relation to a performance 
shall be bound by any consent given by a person through whom he or she derives his or her rights under the exclusive recording contract or licence concerned, in the same way as if the consent had been given by him or her. 
(3) Where a performer’s non-property right passes to another per-
son, any consent binding on the person previously entitled to the right binds the person to whom the right passes in the same way as if the consent had been given by him or her. 
160 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
Chapter 14 
Remedies: Owner of Performers’ Property Rights 
303.—(1) An infringement of a performer’s property rights is 
actionable by the rightsowner. 
(2) In an action for infringement of a performer’s property rights 
under this section all relief by way of damages, injunctions, account 
of profits or otherwise is available to the plaintiff as it is available in respect of the infringement of any other property right. 
(3) Where, in an action for infringement of a performer’s property 
rights, the defendant does not admit that the plaintiff is owner of the 
performer’s property rights, the court may direct that evidence in 
relation to ownership of the performer’s property rights be given on affidavit and the court may decide the issue on consideration of any affidavit presented to it unless it is satisfied that any conflict of evi-dence between the affidavits may not be resolved other than by hear-ing oral testimony in which case the court may order that oral evi-dence may be adduced. 
(4) Hearsay evidence may be accepted for the purposes of any 
hearing under subsection (3). 
304.—(1) The court may, in an action for infringement of a per-
former’s property right award such damages as, having regard to all the circumstances of the case, it considers just. 
(2) Without prejudice to any other remedy, where, in an action 
for infringement of a performer’s property rights, it is shown that at the time of the infringement the defendant did not know and had no reason to believe that the rights subsisted in the recordings to which the action relates, the plaintiff is not entitled to damages against the defendant. 
(3) In exercising its powers under subsection (1) in addition to or 
as an alternative to compensating the plaintiff for financial loss, the 
court may award aggravated or exemplary damages or both aggra-
vated and exemplary damages. 
305.—(1) Where, in proceedings for infringement of a performer’s 
property rights in respect of which a licence is available as of right, the defendant undertakes to take a licence on such terms as may be agreed or, in default of agreement, settled by the Controller— 
(a) no injunction shall be granted against the defendant, 
(b) no order for delivery up shall be made under section 255, 
and 
(c) the amount recoverable against the defendant by way of 
damages or on an account of profits shall not exceed three times the amount which would have been payable by the defendant as licensee where a licence on those terms had been granted before the earliest infringement. 
(2) An undertaking under subsection (1) may be given at any time 
before the final order in the proceedings without any admission of liability. 
(3) Nothing in this section shall affect the remedies available in 
respect of an infringement committed before a licence was available as of right. 
161 Pt.III 
Infringement 
actionable by rightsowner. 
Award of damages 
in infringement action. 
Undertakings 
concerning licences of right. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Pt.III 
Rights and 
remedies of exclusive licensee. 
Exercise of 
concurrent rights. Chapter 15 
Rights and Remedies: Exclusive Licensee 
306.—(1) An exclusive licensee has, except as against the owner 
of the performer’s property rights, the same rights and remedies in 
respect of matters occurring after the grant of the licence as if the licence had been an assignment. 
(2) The rights and remedies of an exclusive licensee are concur-
rent with those of the rightsowner and references in sections 255, 256, 
303, 304 and 305 to the rightsowner shall be construed accordingly. 
(3) In proceedings brought by an exclusive licensee under this 
section a defendant may avail of any defence which would have been 
available to the defendant if the action had been brought by the 
rightsowner. 
307.—(1) Where an action for infringement of a performer’s prop-
erty rights brought by the rightsowner or an exclusive licensee relates, whether in whole or in part, to an infringement in respect of which they have concurrent rights of action, the rightsowner or, as the case may be, the exclusive licensee, may not, without the leave of the appropriate court, proceed with the action unless the other is either joined as plaintiff or added as a defendant. 
(2) A rightsowner or exclusive licensee who is added as a defend-
ant under subsection (1) shall not be liable for any costs in an action 
unless he or she takes part in the proceedings. 
(3) Nothing in this section shall affect the granting of interlocutory 
relief on an application by the rightsowner or exclusive licensee. 
(4) Where an action for infringement of a performer’s property 
rights is brought which relates, whether in whole or in part, to an infringement in respect of which the rightsowner and an exclusive licensee have or had concurrent rights of action— 
(a) in assessing damages the appropriate court shall have regard 
to— 
(i) the terms of the licence, and 
(ii) any pecuniary remedy already awarded or available 
to either of them in respect of the infringement; 
(b) no account of profits shall be directed where an award of 
damages has been made, or an account of profits has 
been directed, in favour of one of them in respect of the infringement; and 
(c) the appropriate court shall, where an account of profits is 
directed, apportion the profits between them as the appropriate court thinks fit, subject to any agreement between the rightsowner and the exclusive licensee. 
(5) Subsection (4) shall apply whether or not the rightsowner and 
the exclusive licensee are both parties to the action. 
(6) Before— 
(a) applying for an order for delivery up under section 255, 
(b) applying for an order to seize illicit recordings, articles or 
devices under section 256,o r 
162 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(c) exercising the right to seize and detain conferred by section 
257, 
the rightsowner shall notify any exclusive licensee having concurrent 
rights and the appropriate court may, on the application of the licensee, make such order for delivery up, seizure of illicit recordings, articles or devices or, as the case may be, prohibiting or permitting the exercise by the rightsowner of the right to seize and detain, as it thinks fit, having regard to the terms of the licence between the rightsowner and the exclusive licensee. 
Chapter 16 
Remedies: Owner of Performers’ Non-Property Rights and Person 
Having Recording Rights 
308.—(1) An infringement of— 
(a) a performer’s non-property rights, or 
(b) any right conferred by this Part on a person having 
recording rights, 
is actionable as a breach of statutory duty owed to the person entitled to the right. 
(2) A person may apply to the appropriate court for damages or 
other relief in respect of an infringement of a right referred to in subsection (1). 
PART IV 
Performers’ Moral Rights 
309.—(1) Subject to the exceptions specified in section 310, a per-
former shall, where practicable, have the right to be identified as the performer of his or her performance. 
(2) Where a performer uses a pseudonym, initials or other form 
of identification that form shall be used to identify his or her per-formance. 
(3) The right conferred by this section shall be known and in this 
Part referred to as the ‘‘paternity right’’. 
310.—(1) The paternity right shall not be infringed by anything 
done under section 222, 223(2), 237 or 238. 
(2) The paternity right shall not apply in relation to a performance 
or a recording of a performance made for the purpose of reporting current events. 
311.—(1) Subject to the exceptions specified in section 312, a per-
former shall have the right to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, his or her performance or a recording thereof, which would prejudice his or her reputation. 
163 Pt.III S.307 
Infringement 
actionable as a breach of statutory duty. 
Paternity right. 
Exceptions to 
paternity right. 
Integrity right. Pt.IV S.311 
Exceptions to 
integrity right. 
Secondary 
infringement of integrity right: possessing or dealing. 
False attribution of 
performances. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(2) The right conferred by this section shall be known and in this 
Part referred to as the ‘‘integrity right’’. 
312.—(1) Subject to subsection (2), the integrity right shall not 
apply in relation to a performance or a recording of a performance 
made for the purpose of reporting current events. 
(2) The integrity right is not infringed by anything done for the 
purposes of— 
(a) avoiding any contravention of civil or criminal law, 
(b) complying with a duty imposed by or under an enactment, 
or 
(c) in the case of authorised broadcasters or authorised cable 
programme service providers, avoiding the inclusion in 
a programme which is broadcast or included in a cable programme service by those broadcasters or providers, of anything which offends public morality or which is likely to encourage or incite to crime or to lead to public disorder. 
(3) Subsection (2) shall not apply unless the performer is iden-
tified at the time of the act concerned or has previously been iden-tified in or on recordings of the performance which have been law-fully made available to the public and there is a sufficient disclaimer. 
(4) In this Part ‘‘sufficient disclaimer’’, in relation to an act cap-
able of infringing the integrity right, means a clear and reasonably prominent indication given at the time of the act, or where the per-former is then identified, appearing along with the identification, that the recording has been subjected to an action to which the performer has not consented. 
313.—A person infringes the integrity right where he or she— 
(a) sells, rents or lends, or offers or exposes for sale, rental or 
loan, 
(b) imports into the State, otherwise than for his or her private 
and domestic use, 
(c) in the course of a business, trade or profession, has in his or 
her possession, custody or control, or 
(d) makes available to the public, 
a recording of a performance which has, and which he or she knows or has reason to believe has, been subjected to any distortion, muti-lation or other modification or other derogatory action within the meaning of section 311. 
314.—(1) A person has the right not to have a performance falsely 
attributed to him or her as performer. 
(2) The right conferred by subsection (1) is infringed by a person 
where he or she— 
164 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(a) sells, rents or lends, or offers or exposes for sale, rental or 
loan, 
(b) imports into the State, otherwise than for his or her private 
and domestic use, 
(c) in the course of a business, trade or profession, has in his or 
her possession, custody or control, or 
(d) makes available to the public, 
a recording of a performance, in or on which there is a false attribu-
tion, knowing or having reason to believe that the attribution is false. 
(3) The right conferred by subsection (1) is infringed by a person 
where he or she— 
(a) sells, rents or lends, or offers or exposes for sale, rental or 
loan, 
(b) imports into the State, otherwise than for his or her private 
and domestic use, 
(c) in the course of a business, trade or profession, has in his or 
her possession, custody or control, or 
(d) makes available to the public, 
a recording of a performance which has been altered as being a recording of the unaltered performance, knowing or having reason to believe that the recording has been altered. 
(4) In this Part, ‘‘attribution’’, in relation to a performance, means 
a statement, express or implied, as to who is the performer. 
315.—The rights conferred by this Part shall expire 50 years from 
the end of the calendar year in which— 
(a) the performance takes place, or 
(b) where within that period a recording of the performance is 
lawfully made available to the public, that recording is 
first so lawfully made available to the public. 
316.—(1) Subject to subsection (3), any of the rights conferred by 
this Part may be waived. 
(2) A waiver made under this section shall be in writing and signed 
by the person waiving the right. 
(3) A waiver made under subsection (1)— 
(a) may relate to a specific performance or a recording thereof, 
to performances or recordings thereof of a specified description or to performances or recordings thereof gen-erally, and may relate to existing or future performances or recordings thereof, and 
(b) may be conditional or unconditional, and may be expressed 
to be subject to revocation, 
165 Pt.IV S.314 
Duration of moral 
rights. 
Waiver of rights. Pt.IV S.316 
Performers’ moral 
rights not assignable or alienable. 
Transmission of 
moral rights on death. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
and where a waiver is made in favour of the owner or prospective 
owner of the rights in the performance or recording thereof, or per-formances or recordings thereof, to which it relates, that waiver shall be presumed to extend to his or her licensees, successors in title or other persons, claiming under them unless a contrary intention is expressed. 
(4) Nothing in this Part shall be construed as excluding the oper-
ation of the general law of contract or estoppel in relation to an informal waiver or other transaction in relation to any of the rights referred to in subsection (1). 
(5) It shall not be an infringement of any of the rights conferred 
by this Part for a person to undertake any act where the person 
entitled to the right conferred by this Part has consented to the use 
of those rights by that other person. 
317.—The rights conferred by this Part shall be incapable of 
assignment or alienation. 
318.—(1) On the death of a person entitled to the paternity right 
or the integrity right— 
(a) the right passes by testamentary disposition to such person 
as the person entitled to the right may direct, 
(b) where there is no direction as to whom the right passes but 
the performer’s property rights in the recording of the 
performance concerned forms part of an estate, the right passes to the person to whom the performer’s property rights pass, and 
(c) where the right does not pass under paragraph (a) or (b),i t 
is exercisable by the personal representatives of the per-
son entitled to the right. 
(2) Where a performer’s property rights forming part of an estate 
pass in part to one person and in part to another, so as to apply— 
(a) to one or more, but not all, of the acts the rightsowner has 
the right to authorise or prohibit, or 
(b) to part, but not the whole, of the period for which the per-
former’s property rights are to subsist, 
any right which passes with the performer’s property rights by virtue 
of subsection (1) is divided accordingly. 
(3) Where, under subsection (1), a right becomes exercisable by 
more than one person— 
(a) it may, in the case of the paternity right, be exercised by any 
of them, 
(b) it is, in the case of the integrity right a right exercisable by 
each of them, and 
(c) any waiver of the right under section 316 made by one of 
them shall not affect the rights of the other persons. 
166 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(4) A consent or waiver binds any person to whom a right passes 
under subsection (1). 
(5) An infringement of the right conferred by section 316 in 
relation to a false attribution of a performance after the death of a 
person is actionable by the personal representatives of that person. 
(6) Any damages recovered by personal representatives under this 
section in respect of an infringement after a person’s death shall devolve as part of the person’s estate as if the right of action had subsisted and been vested in that person immediately before his or her death. 
319.—(1) An infringement of the rights conferred by section 309, 
311 or 314 is actionable as a breach of statutory duty owed to the 
person entitled to the right concerned. 
(2) A person may apply to the appropriate court for damages or 
other relief in respect of an infringement of a right conferred by section 309, 311 or 314. 
(3) In proceedings for infringement of the right conferred by 
section 311, the appropriate court may grant an injunction pro-hibiting any act unless a sufficient disclaimer is made, on such terms and in such a manner as is approved of by the court, dissociating the person entitled to the right from the treatment of the performance or of a recording of the performance. 
PART V 
Databases 
Chapter 1 
Rights in Databases 
320.—(1) In this Part— 
‘‘extraction’’, in relation to the contents of a database, means the permanent or temporary transfer of all or a substantial part of the contents to another medium by any means or in any form; 
‘‘insubstantial’’, in relation to the contents of a database, shall be 
construed subject to section 324(3); 
‘‘investment’’ includes any investment, whether of financial, human or technical resources and cognate words shall be construed accordingly; 
‘‘jointly’’, in relation to the making of a database which is made 
jointly, shall be construed as referring to all the makers of the database; 
‘‘lawful user’’, in relation to a database, means any person who, 
whether under a licence to undertake any of the acts restricted by any database right in the database, or otherwise, has a right to use the database; 
‘‘re-utilisation’’, in relation to the contents of a database, means mak-
ing those contents available to the public by any means; 
167 Pt.IV S.318 
Remedies for 
infringement of moral rights. 
Interpretation. Pt.V S.320 
Database right. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
‘‘substantial’’, in relation to the investment, extraction or re-utilis-
ation, means substantial in terms of quantity or quality or a combi-nation of both. 
(2) The making of a copy of a database available for use, on terms 
that it is to be or may be returned after a limited period of time, otherwise than for direct or indirect economic or commercial advan-tage, through an establishment to which the public have access that is prescribed by the Minister for the purpose of section 58, shall not 
be taken for the purposes of this Part to constitute extraction or re-utilisation of the contents of the database. 
(3) Where the making of a copy of a database available through 
an establishment to which members of the public have access and 
that is prescribed by the Minister for the purpose of section 58 gives 
rise to a payment the amount of which does not exceed that which 
is necessary to cover the operating costs of the establishment there is no direct or indirect economic or commercial advantage for the purposes of subsection (2). 
(4) Subsection (2) shall not apply to the making of a copy of a 
database available for on the spot reference use. 
(5) Where a copy of a database has been sold within the Member 
States of the EEA by, or with the consent of, the owner of the data-base right in the database, the further sale within the Member States of the EEA of that copy for the purposes of this Part shall not be taken to constitute extraction or re-utilisation of the contents of the database. 
Chapter 2 
Subsistence of Database Right 
321.—(1) A property right to be known and in this Part referred 
to as the ‘‘database right’’ subsists, in accordance with this Part, in a database where there has been a substantial investment in obtaining, 
verifying or presenting the contents of the database. 
(2) Subject to this Act, the owner of the database right may under-
take or authorise others to undertake certain acts in the State in 
relation to the database, being acts which are designated by this Act 
as acts restricted by the database right. 
(3) For the purposes of this section it is immaterial whether or not 
the database or any of its contents is a copyright work. 
(4) The database right shall not subsist in a database unless the 
requirements specified in this Part with respect to qualification are complied with. 
Chapter 3 
Maker and Ownership: Databases 
Maker of database. 322.—(1) Subject to the provisions of this section, the person who 
takes the initiative in obtaining, verifying or presenting the contents of a database and assumes the risk of investing in that obtaining, verification or presentation shall be regarded as the maker of, and as having made, the database. 
168 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(2) Where a database is made by an employee in the course of 
employment, his or her employer shall be regarded as the maker of 
the database, subject to any agreement to the contrary. 
(3) Subject to subsection (4), where a database is made by an 
officer or employee of the Government in the course of his or her duties, the Government shall be regarded as the maker of the database. 
(4) Where a database is made by or under the direction or control 
of either or both of the Houses of the Oireachtas— 
(a) the House by whom, or under whose direction or control, 
the database is made shall be regarded as the maker of the database, and 
(b) where the database is made by or under the direction or 
control of both Houses, both Houses shall be regarded as the joint makers of the database. 
(5) For the purposes of this Part, a database is made jointly where 
two or more persons acting together in collaboration take the initiat-ive in obtaining, verifying or presenting the contents of the database and assume the risk of investing in that obtaining, verification or presentation. 
(6) Where a database is made by an organisation prescribed by 
the Minister under section 196(2), or by an officer or employee of 
such an organisation in the course of his or her duties, that organis-ation shall be regarded as the maker of the database. 
(7) Where the database right is conferred on a person by an enact-
ment that person shall be regarded as the maker of the database. 
323.—The maker of a database shall be the first owner of the data-
base right in the database. 
Chapter 4 
Restricted Acts: Databases 
324.—(1) Subject to the exceptions specified in Chapter 8 of this 
Part and to the provisions relating to licensing in Chapter 11 of this 
Part, the owner of the database right has the right to undertake or 
to authorise others to undertake all or any of the following acts in relation to all or a substantial part of the contents of a database— 
(a) extraction, or 
(b) re-utilisation, 
and those acts shall be known and in this Part referred to as ‘‘acts restricted by the database right’’. 
(2) The database right is infringed by a person who, without the 
licence of the owner of the database right, undertakes, or authorises another to undertake, either of the acts restricted by the database right. 
(3) For the purposes of this Part, the repeated and systematic 
extraction or re-utilisation of insubstantial parts of the contents of a database which conflicts with the normal exploitation of the database or which prejudices the interests of the maker of the database shall 
169 Pt.V S.322 
First ownership of 
database right. 
Acts restricted by 
database right. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Pt.V S.324 be deemed to be extraction or re-utilisation of a substantial part of 
those contents. 
Chapter 5 
Duration of Database Right 
Term of protection 
of database right. 325.—(1) The database right shall expire 15 years from the end of 
the calendar year in which the making of the database was 
completed. 
(2) Where a database is lawfully re-utilised before the expiration 
of the period referred to in subsection (1), the database right in the 
database shall expire 15 years from the end of the calendar year in which the database was first so re-utilised. 
(3) Any substantial change to the contents of a database, including 
a substantial change resulting from the accumulation of successive additions, deletions or alterations, which would result in the database 
being considered to be a substantial new investment shall qualify the 
database resulting from that investment for its own term of protec-tion under this section. 
(4) This section applies notwithstanding paragraph 45 of the First 
Schedule. 
Chapter 6 
Qualification: Databases 
Qualification for 
database right. 326.—(1) Subject to Chapter 2 of this Part, the database right shall 
subsist in a database where, at the material time, its maker or, where 
it was made jointly, one or more of its makers, is— 
(a) a citizen or subject of, or other individual domiciled or ordi-
narily resident in, a Member State of the EEA, 
(b) a body incorporated under the law of a Member State of 
the EEA and which at the material time satisfied one of the conditions specified in subsection (3),o r 
(c) a partnership or unincorporated body formed under the law 
of a Member State of the EEA and which at the material time satisfied the condition specified in subsection (3)(a). 
(2) The database right shall subsist in a database the maker of 
which is deemed to be the Government, or either or both of the Houses of the Oireachtas, or a prescribed international organisation, in accordance with section 322. 
(3) The conditions referred to in paragraphs (b) and (c) of subsec-
tion (1) are— 
(a) that the body has its principal place of business or oper-
ations within a Member State of the EEA, 
(b) that the body has its registered office within a Member State 
of the EEA and operates in a Member State of the EEA, and 
(c) that the body has a genuine link with the economy of the 
State. 
170 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(4) The Government may by order extend the provisions of this 
section to countries, territories, states or areas outside the Member 
States of the EEA, where the order is made pursuant to or in con-formity with an agreement of the Council of the European Com-munities allowing such an extension of protection on the basis that comparable protection of databases is available under the law of those countries, territories, states or areas. 
(5) For the purposes of this section, the material time in relation 
to a database shall be— 
(a) in the case of a database which has not been lawfully re-
utilised when the database was made or, where the mak-ing of the database extended over a period, a substantial 
part of that period, or 
(b) in the case of a database which has been lawfully re-utilised 
when the database was first lawfully re-utilised or, where 
the maker had died before that time, immediately before his or her death. 
Chapter 7 
Rights and Obligations of Lawful Users 
327.—(1) Without prejudice to section 324(3), a lawful user of a 
database shall be entitled to extract or re-utilise insubstantial parts of the contents of the database for any purpose. 
(2) Where, under an agreement, a person has a right to use a 
database, any term or condition in the agreement shall be void in so far as it purports to prevent that person from extracting or re-utilis-ing insubstantial parts of the contents of the database for any purpose. 
(3) While exercising the entitlement conferred by subsection (1), 
a lawful user of a database shall not prejudice the owner of any right conferred by this Act in respect of works or other subject matter contained in the database. 
Chapter 8 
Acts Permitted in Respect of Database Right 
328.—In this Part an act may be exempted under more than one 
category of exemption and the exemption of an act under one cate-gory of exemption shall not preclude its exemption under another category. 
329.—(1) The database right in a non-electronic database which 
has been re-utilised is not infringed by fair dealing with a substantial part of its contents by a lawful user of the database where that part is extracted for the purposes of research or private study. 
(2) For the purposes of this Part ‘‘fair dealing’’ means the extrac-
tion of the contents of a database by a lawful user to an extent which will not unreasonably prejudice the interests of the rightsowner. 
171 Pt.V S.326 
Avoidance of 
certain terms affecting lawful users. 
Exemptions in 
respect of databases. 
Fair dealing: 
research or private study. Pt.V 
Exception for 
educational establishments. 
Parliamentary or 
judicial proceedings. 
Statutory inquiries. 
Copying of material 
in public records. 
Material open to 
public inspection or on statutory register. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Education 
330.—(1) The database right in a database is not infringed by fair 
dealing with a substantial part of its contents by a lawful user of the 
database where that part is extracted for the purposes of illustration in the course of instruction or of preparation for instruction and where— 
(a) the extraction is done by or on behalf of a person giving or 
receiving instruction, and 
(b) the source is indicated. 
(2) For the purposes of this section ‘‘lawful user’’ includes an edu-
cational establishment. 
Public Administration 
331.—The database right in a database is not infringed by anything 
done for the purposes of parliamentary or judicial proceedings or for the purpose of reporting those proceedings. 
332.—(1) The database right in a database is not infringed by any-
thing done for the purposes of a statutory inquiry or for the purpose of reporting any such inquiry. 
(2) The database right in a database is not infringed by the making 
available of copies of a report of a statutory inquiry containing the contents of the database. 
333.—All or a substantial part of the contents of a database which 
are comprised in records which are open to public inspection may be extracted or re-utilised without infringing the database right in the database. 
334.—(1) Without prejudice to the generality of section 333, where 
the contents of a database are open to public inspection pursuant to a statutory requirement, or are on a statutory register, the database right in the database is not infringed by the extraction of all or a substantial part of the contents, for a purpose which does not involve re-utilisation of all or a substantial part of the contents as contains factual information of any description, by or with the authority of the person required to make the contents of the database open to public inspection or, as the case may be, the person maintaining the register. 
(2) Where the contents of a database are open to public inspection 
pursuant to a statutory requirement, or are on a statutory register, the database right in the database is not infringed by the extraction or re-utilisation of all or a substantial part of the contents for the purpose of enabling the contents of the database 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 contents of the database open to public inspection or, as the case may be, the person maintaining the register. 
(3) Where all or a substantial part of the contents of a database 
are re-utilised under this section the person granting access to the contents of the database shall ensure that those contents bear a mark 
172 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
clearly indicating that they are provided for the purpose of inspection 
and that no other use of the contents of the database may be made without the licence of the owner of the database right. 
(4) All or a substantial part of the contents of a database may not 
be provided under this section unless the person granting access to the contents of the database has first obtained from the person requesting the contents of the database a declaration, in such form as may be prescribed, indicating that the contents of the database are required for the sole purpose of enabling the contents of the database to be inspected at another time or place or to otherwise facilitate the exercise of the right of public inspection. 
(5) Where the contents of a database which are open to public 
inspection pursuant to a statutory requirement, or are on a statutory register, contain information about matters of general, scientific, technical, commercial or economic interest, the database right in the database is not infringed by the extraction or re-utilisation of all or a substantial part of the contents for the purpose of disseminating that information, by or with the authority of the person required to make the contents of the database 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 the contents of a database are made available to the public. 
(7) The Minister may by order provide that subsections (1) to (5) 
apply— 
(a) to the contents of a database 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 the contents of a database open to public 
inspection pursuant to a statutory requirement, or on a statutory register. 
335.—(1) Where the contents of a database have been communi-
cated to the Government or either or both of the Houses of the Oireachtas for any purpose, by or with the licence of the owner of the database right, and any fixation or any thing containing the con-tents of the database is owned by, or is in the custody, possession 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 extract or re-utilise all or a substantial part of the contents, for the purpose for which the contents of the database were communicated to them, or for any related purpose which could reasonably have been anticipated by the owner of the database right, without infringing the database right in the database. 
173 Pt.V S.334 
Databases 
communicated to Government or Oireachtas. Pt.V S.335 
Acts done under 
statutory authority. 
Anonymous or 
pseudonymous databases: acts permitted. 
Application of 
copyright provisions to database right. 
Presumptions 
relevant to database right. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(2) The Government or either or both of the Houses of the 
Oireachtas shall not re-utilise all or a substantial part of the contents 
of a database or cause the contents to be extracted or re-utilised, by virtue of this section, where the contents have previously been law-fully re-utilised otherwise than under this section. 
336.—(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 database right in a database. 
(2) Nothing in this section shall be construed as excluding any 
defence available under any enactment. 
Anonymous or Pseudonymous Database 
337.—(1) The database right in a database is not infringed by the 
extraction or re-utilisation of all or a substantial part of the contents 
of the database when, or pursuant to arrangements made when— 
(a) it is not possible by reasonable inquiry to ascertain the 
identity of the maker of the database, and 
(b) it is reasonable to assume that the database right has 
expired. 
(2) In the case of a database made jointly, the reference in subsec-
tion (1), to the possibility of ascertaining the identity of the maker of the database shall be construed as a reference to its being possible to ascertain the identity of any of its makers. 
Chapter 9 
Application of Copyright Provisions to Database Right 
338.—Sections 120, 121, 122, 123, 127, 128, 130, 131, 132, 133, 135 
and 136 shall apply in relation to the database right and databases 
in which that right subsists as they apply in relation to copyright and copyright works. 
Chapter 10 
Presumptions 
339.—(1) The presumptions specified in this section shall apply in 
proceedings, whether civil or criminal, for infringement of the data-base right in any database. 
(2) (a) The database right shall be presumed to subsist in a data-
base unless the contrary is proved. 
(b) Except as otherwise provided in this section, where the 
subsistence of the database right in a database is proved or admitted, or is presumed under paragraph (a), the 
plaintiff shall be presumed to be the owner or, as the case may be, the exclusive licensee of the database right, unless the contrary is proved. 
(3) Where— 
174 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(a) a name purporting to be that of the maker of a database or 
of the owner or exclusive licensee of the database right, 
as the case may be, appears on copies of the database, or 
(b) a copy of a database bears or incorporates a statement, label 
or other mark indicating that a person is the maker of the database or the owner or exclusive licensee of the database right, as the case may be, 
that name, statement, label or mark shall be admissible as evidence of the fact stated or indicated which shall be presumed to be correct, unless the contrary is proved. 
(4) The person named or in respect of whom a statement, label or 
other mark appears on or is borne on or is incorporated in copies of a database in accordance with subsection (3) shall be presumed not 
to have made the database— 
(a) in the course of employment referred to in section 322(2), 
(b) in the course of employment as an officer or employee of a 
prescribed international organisation referred to in section 322(6), 
(c) in the course of employment as an officer or employee of 
the Government referred to in section 322(3), 
(d) under the direction or control of either or both of the 
Houses of the Oireachtas referred to in section 322(4),o r 
(e) in circumstances in which the database right is conferred on 
another person by an enactment referred to in section 
322(7). 
(5) Where a database purports to be a database made jointly, sub-
sections (2), (3) and (4) shall apply in relation to each person pur-
porting to be one of the makers of the database. 
Chapter 11 
Database Right: Licensing 
340.—(1) In this Part— 
‘‘licences’’ means licences to extract or re-utilise all or a substantial part of the contents of a database or to authorise others to do so; 
‘‘licensing body’’ means a society or other organisation which has as 
its main object, or one of its main objects, the negotiating or granting, either as owner or prospective owner of a database right, or as exclusive licensee, or as agent for him or her, of database right licences, and whose objects include the granting of licences relating to the databases of more than one database right owner; 
‘‘licensing scheme’’ means a scheme specifying— 
(a) the classes of case in which the operator of the scheme, or 
the person on whose behalf that operator acts, is willing 
to grant database right licences, and 
(b) the terms on which licences would be granted in those 
classes of case, 
175 Pt.V S.339 
Licensing schemes 
and licensing bodies. Pt.V S.340 
General references. 
Reference of 
proposed licensing scheme to Controller. 
Reference of 
licensing scheme to Controller. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
and for this purpose a ‘‘scheme’’ includes anything in the nature of 
a scheme, whether described as a scheme or as a tariff or by any other name. 
(2) References in this Part to licences or licensing schemes relating 
to databases of more than one database right owner shall not include licences or schemes relating to databases made by, or by employees of, or commissioned by, a single individual, firm, company or group of companies, including holding companies and their subsidiaries. 
References and Applications Relating to Licensing Schemes 
341.—Sections 342 to 347 apply to licensing schemes which are 
operated by licensing bodies in relation to the database right in data-bases of more than one database right owner, in so far as they relate to licences for the extraction or re-utilisation of all or a substantial part of the contents of a database. 
342.—(1) The terms of a licensing scheme proposed to be oper-
ated by a licensing body may be referred to the Controller by an organisation which claims to be representative of persons claiming that they require licences in cases of a description to which the scheme would apply. 
(2) The Controller shall not consider a reference by an organis-
ation under subsection (1) unless the Controller is satisfied that the 
organisation is representative of the class of persons that it claims to represent. 
(3) The Controller may refuse to consider a reference under sub-
section (1) on the ground that the reference is premature. 
(4) Where the Controller decides to consider a reference under 
subsection (1) he or she shall consider the subject matter of the refer-
ence and make an order, either confirming or varying the proposed scheme, 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. 
343.—(1) Where a licensing scheme is in operation and a dispute 
arises with respect to the scheme between the operator of the scheme 
and— 
(a) a person claiming that he or she requires a licence in a case 
of a description to which the scheme applies, or 
(b) an organisation claiming to be representative of such 
persons, 
that operator, person or organisation may refer the scheme to the Controller in so far as it relates to cases of that description. 
(2) The Controller shall not consider a reference by an organis-
ation under subsection (1) unless the Controller is satisfied that the 
organisation is representative of the class of persons that it claims to represent. 
176 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(3) 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. 
(4) The Controller shall consider the matter referred to him or 
her and shall make an order, confirming or varying the scheme, 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. 
344.—(1) Where the Controller has, in respect of a licensing 
scheme under section 342 or 343 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 
(c) an organisation claiming to be representative of such 
persons. 
(3) Where an order made under section 342 or 343 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. 
345.—(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 
177 Pt.V S.343 
Further reference of 
scheme to Controller. 
Application for 
grant of licence in connection with licensing scheme. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Pt.V S.345 
Review of orders 
made by Controller. 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. 
346.—(1) Where the Controller has made an order under section 
345 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 reason-able, having regard to the terms applicable in accordance with the licensing scheme, or as the case may be, the circumstances of the case. 
Effect of order of 347.—(1) A licensing scheme which has been confirmed or varied 
Controller as to by the Controller under section 342, 343 or 344 shall be in operation, 
licensing scheme. 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. 
178 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(2) Where an order made by the Controller under section 342, 343 
or 344 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 ascer-tained, 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 the database right as if he or she had at all material times been the holder of a licence granted by the owner of the database right concerned in accordance with the scheme. 
(3) 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) Where the Controller has made an order under section 345 
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 the database right as if he or she had at all material times been the holder of a licence granted by the owner of the database right concerned on the terms specified in the order. 
References and Applications Relating to Licensing by 
Licensing Bodies Pt.V S.347 
348.—Sections 349 to 352 apply to licences in relation to the data-
General reference 
by licensing bodies. base right in databases of more than one database right owner, 
granted by a licensing body otherwise than pursuant to a licensing scheme, in so far as the licences relate to the extraction or re-utilis-ation of all or a substantial part of the contents of a database. 
179 Pt.V 
Reference to 
Controller of proposed licence. 
Reference to 
Controller of expiring licence. 
Application for 
review of order made by Controller. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
349.—(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 sub-
section (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. 
350.—(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 unreason-able 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 pro-
ceedings 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. 
351.—(1) Where the Controller has made an order under section 
349 or 350, 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 reason-able in the circumstances. 
180 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
352.—(1) Where the Controller has made an order under section 
349 or 350, 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 accord-
ance with the order or, where the amount cannot be 
ascertained, gives an undertaking to the Controller 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 the database right as if he or she had at all material times been the holder of a licence granted by the owner of the database right concerned on the terms specified in the order. 
(2) The benefit of an order made under section 349 or 350 may be 
assigned— 
(a) in the case of an order made under section 349, 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 350, where 
assignment was not prohibited under the terms of the original licence. 
(3) The Controller may direct that an order made under section 
349 or 350 or an order made under section 351 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 
353.—(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. 
181 Pt.V 
Effect of order of 
Controller as to licence. 
General 
considerations: unreasonable discrimination. Pt.V 
Licences to reflect 
payments in respect of underlying rights. 
Register of licensing 
bodies for database right. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
354.—Where a reference or application is made under this Chapter 
in relation to licensing in respect of the database right in a database, 
the Controller shall take into account, in considering what charges are to be paid for a licence, any payments which the owner of the database right 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 data-
base, or 
(b) in respect of any performance included in the database. 
Chapter 12 
Registration of Licensing Bodies in Respect of Database Right 
355.—(1) The Controller shall establish and maintain a register of 
licensing bodies in respect of database rights in such form and man-ner and containing such particulars as the Minister may prescribe to be known as the ‘‘Register of Licensing Bodies for Database Rights’’ and referred to in this Part as the ‘‘Register’’. 
(2) The Controller shall keep the Register in such form 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 per-
son at such times and in such manner as may be pre-scribed 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 Regis-
ter, 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 regis-
tration where the Controller is satisfied that— 
(a) the applicant complies with the definition of a licensing 
body specified in section 340, 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 to be prescribed by the Minister under sub-
section (5)(b) shall include the following: 
(a) the name of the applicant; 
(b) the address of the applicant; 
182 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(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, of the applicant; 
(e) details of the scheme; 
(f) details of the scales of charges or proposed charges to be 
levied by the applicant; and 
(g) the class of rightsowners represented or proposed to be rep-
resented by the applicant. 
(7) On the registration or renewal of a registration of a licensing 
body the Controller shall issue to the applicant a certificate of regis-
tration in such form as the Controller shall determine. 
356.—A certificate granted under section 355(7) shall include the 
particulars specified in subsection (6) of that section and the certifi-
cate 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. 
357.—(1) A licensing body registered under this Part which pro-
poses 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. 
358.—(1) A certificate of registration issued under section 355(7) 
shall be valid for a period of 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 355(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. 
359.—(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 355(5). 
183 Pt.V S.355 
Proof that licensing 
body may act on behalf of specified classes. 
Notification of 
charges. 
Validity of 
certificates of registration. 
Refusal of 
application. Pt.V S.359 
Indemnity for 
Controller. 
Obligation of 
collecting societies to register (database rights). 
Jurisdiction of 
Controller. 
Rules in relation to 
proceedings before Controller. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(2) The Controller shall remove a licensing body from the Regis-
ter where its application for renewal of its registration is refused or 
its registration is cancelled. 
360.—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. 
361.—(1) Any body operating as a licensing body within the 
meaning specified in section 340 shall be obliged to register in accord-
ance 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 6 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 Chap-ter to register under the terms of this Chapter, or 
(c) continues to operate as such a body having been removed 
from the Register for any reason, 
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. 
PART VI 
Jurisdiction of Controller 
362.—It shall be a function of the Controller pursuant to refer-
ences or applications under this Act to determine, within a reason-able period of time, disputes arising under this Act between licensing bodies and persons requiring licences or organisations claiming to be representative of those persons. 
363.—(1) The Minister may make rules in relation to proceedings 
before the Controller under this Act and, subject to the consent of the Minister for Finance, may also make rules in relation to the fees chargeable in respect of such proceedings. 
(2) Rules made under this section shall— 
184 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(a) specify the parties to proceedings and permit the Controller 
to make a party to the proceedings a person or organis-
ation satisfying the Controller that the party concerned has a substantial interest in the matter, and 
(b) require the Controller to give the parties to proceedings an 
opportunity to state their case orally or in writing. 
(3) Without prejudice to the generality of subsection (1), rules 
made under this section may make provision for prescribing matters incidental to or consequential upon appeals from decisions of the 
Controller under section 366. 
364.—(1) The Controller may order that the costs of a party to 
proceedings before him or her under this Act, including costs associ-
ated with the appointment of an arbitrator under section 367 and 
costs of a party to proceedings before that arbitrator, shall be paid by such party as the Controller may direct, and the Controller may determine the amounts of the costs or direct the manner in which they are to be paid. 
(2) A copy of an order made by the Controller under subsection 
(1) which is certified by the Controller to be a true copy shall, in 
proceedings under this Act, be evidence of the order unless the con-trary is proved. 
365.—(1) In any proceedings before him or her under this Act, 
the Controller may, where he or she thinks fit, and shall, on the request of all the parties to the proceedings, appoint an assessor who is specially qualified in regard to all or any of the questions arising in the course of the proceedings to aid the Controller in his or her consideration of those questions. 
(2) Subject to subsection (3), the Minister shall approve, with the 
consent of the Minister for Finance, the amount of remuneration (if 
any) to be paid by the Controller to an assessor appointed by him 
or her under this section. 
(3) The amount of remuneration referred to under subsection (2) 
shall be paid out of moneys provided by the Oireachtas, to such an 
extent as may be sanctioned by the Minister for Finance. 
366.—(1) An appeal on a point of law arising from a decision of 
the Controller under this Act shall lie to the High Court. 
(2) Provision shall be made in the rules made under section 363 
limiting the time within which such an appeal may be brought. 
(3) Provisions may be made in the rules made under section 363 
for all or any of the following, namely: 
(a) suspending, authorising or requiring the Controller to sus-
pend the operation of orders of the Controller in cases where his or her decision is appealed; 
(b) modifying, in relation to an order of the Controller the oper-
ation of which is suspended, the operation of any pro-vision of this Act as to the effect of that order; 
185 Pt.VI S.363 
Power of Controller 
to award costs. 
Appointment of 
assessors. 
Appeal to the High 
Court. Pt.VI S.366 
References of 
dispute to arbitrator. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(c) the notification of, or the taking of other steps for securing 
that, persons affected by the suspension of an order of 
the Controller shall be informed of its suspension. 
(4) Subject to subsection (5), a decision of the High Court under 
this section shall be final and may not be appealed. 
(5) By leave of the High Court, an appeal from a decision of the 
High Court under this section shall lie to the Supreme Court on a question of law. 
367.—(1) In the case of a dispute referred to the Controller under 
this Act, the Controller may at any time— 
(a) where the parties to the dispute consent, or 
(b) where a matter requires any prolonged examination of 
documents or other investigation requiring specialist knowledge which could not be made by him or her, 
order the matter to be referred to an arbitrator agreed by the parties or, in the absence of such agreement, appointed by the Controller. 
(2) The Controller shall decide whether or not to refer a dispute 
to arbitration no later than 3 months after the dispute has been referred to the Controller. 
(3) The arbitrator shall make his or her award within 3 months of 
the reference from the Controller, or within such further period of time as may be agreed with the Controller. 
(4) The award made by an arbitrator in a case referred to him or 
her under this section shall, where the parties consent to the refer-ence, be final and binding on the parties. 
(5) An appeal from an award made by an arbitrator pursuant to 
a reference under this section to which the parties to the dispute did 
not consent shall lie to the High Court and the High Court may 
make such order confirming, annulling or varying the award of the arbitrator as it thinks fit. 
(6) Subject to subsection (7), a decision of the High Court under 
this section shall be final and may not be appealed. 
(7) By leave of the High Court, an appeal from a decision of the 
High Court under this section shall lie to the Supreme Court on a question of law. 
(8) In any reference to an arbitrator under this section, the Con-
troller on giving notice to the parties to the dispute shall have the same power to apply to the court for the removal of that arbitrator under section 24 of the Arbitration Act, 1954, as if he or she had been a party to the arbitration. 
(9) Nothing in subsection (8) shall affect the rights of the parties 
to the arbitration. 
(10) For the avoidance of doubt, in the event of an arbitrator 
being removed under subsection (8), a second or subsequent arbi-
trator may be appointed to arbitrate the dispute in accordance with this section. 
186 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
368.—The Controller may, in any case of doubt or difficulty arising 
in connection with the administration of any of the provisions of this 
Act, apply to the Attorney General for advice in the matter. 
369.—For the purposes of this Chapter, ‘‘dispute’’ shall include 
any matter referred to the Controller for decision or resolution by reference or application under any provision of this Act. 
PART VII 
Technological Protection Measures 
Chapter 1 
Rights Protection Measures 
370.—(1) This section applies where, by or with the licence of the 
rightsowner— 
(a) copies of copyright works to which rights protection 
measures have been applied or recordings of perform-ances to which rights protection measures have been applied, are made available to the public, or 
(b) copies of databases to which rights protection measures 
have been applied, are re-utilised. 
(2) A person who makes available to the public or re-utilises the 
copies referred to in subsection (1) has the same rights and remedies 
against a person who— 
(a) (i) makes, 
(ii) sells, rents or lends, or offers or exposes for sale, rental 
or loan, 
(iii) imports into the State, or 
(iv) has in his or her possession, custody or control, 
a protection-defeating device, knowing or having reason to believe that it has been or is to be used to circumvent rights protection measures, or 
(b) provides information, or offers or performs any service, 
intended to enable or assist persons to circumvent rights protection measures, 
as a rightsowner has in respect of an infringement of any of his or her rights under this Act. 
(3) The presumptions as to ownership of rights specified in Chap-
ter 12 of Part II and Chapter 10 of Part V shall apply in any pro-
ceedings under this section, whether civil or criminal, as in pro-ceedings for infringement of the copyright in a work or for infringement of the database right in a database under Part II or Part 
V. 
(4) Sections 145 and 264 shall apply with any necessary modifi-
cations in relation to the disposal of anything delivered up or seized by virtue of subsection (2). 
187 Pt.VI 
Controller may 
consult Attorney General. 
Definition of 
dispute for the purposes of this Chapter. 
Devices designed to 
circumvent protection. Pt.VII S.370 
Offence of unlawful 
reception. 
Rights in respect of 
apparatus, etc., for unauthorised reception of transmissions. 
Denial of 
protection. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
(5) References in this Part to copies of a work, recording or data-
base shall include the original. 
371.—A person who receives a broadcast or cable programme to 
which rights protection measures have been applied, knowing or hav-
ing reason to believe that it is being received unlawfully with the intent to avoid payment of any charge applied by the rightsowner for the reception of that broadcast or cable programme shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500. 
372.—(1) A person who is authorised by the rightsowner— 
(a) to make charges for the reception of programmes included 
in a broadcast or cable programme service, or 
(b) to send encrypted transmissions of any other description, 
has the same rights and remedies against a person who— 
(i) (I) makes, 
(II) sells, rents or lends, or offers or exposes for sale, rental 
or loan, 
(III) imports into the State, or 
(IV) has in his or her possession, custody or control, 
any apparatus or protection-defeating device, knowing or hav-ing reason to believe that the apparatus or device is to be used to enable or assist persons to receive those programmes or transmissions when those persons are not so entitled, or 
(ii) provides information, or offers or performs any service, 
intended to enable or assist persons to receive those pro-grammes or transmissions when those persons are not so entitled, 
as a rightsowner has in respect of an infringement of any of his or her rights under this Act. 
(2) Without prejudice to any other remedy, in cases of innocent 
infringement of the rights conferred by subsection (1), the appropri-
ate court may award damages as it considers appropriate in the cir-cumstances, and such damages shall not exceed a reasonable pay-ment in respect of the act complained of. 
(3) Sections 145 and 264 shall apply with any necessary modifi-
cations in relation to the disposal of anything delivered up or seized by virtue of subsection (1). 
373.—(1) Where it appears to the Minister that broadcasts made, 
or cable programmes or encrypted transmissions sent, from the State are not adequately protected in a country, territory, state or area, the Minister may by order restrict the rights conferred by section 370, 371 or 372 in relation to broadcasters or providers of cable pro-
gramme services or encrypted transmissions connected with that country, territory, state or area. 
188 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(2) In an order made under subsection (1) the Minister shall desig-
nate the country, territory, state or area concerned and provide that, 
for the purposes specified in that order, a broadcast made or a cable programme or encrypted transmission sent after a date specified in that order shall not qualify for the protection conferred by section 
370, 371 or 372 where at the time of that making or sending the 
maker or sender is— 
(a) an individual domiciled or resident in that country, territory, 
state or area (and not at the same time domiciled or resi-dent in the State), 
(b) a body incorporated under the law of that country, territory, 
state or area, 
(c) a partnership or unincorporated body formed under the law 
of that country, territory, state or area, or 
(d) any other body, 
and the order may make such provision for all the purposes of section 370, 371 or 372 or for such purposes as are specified in that order. 
374.—Nothing in this Chapter shall be construed as operating to 
prevent any person from undertaking the acts permitted— 
(a) in relation to works protected by copyright under Chapter 6 
of Part II, 
(b) in relation to performances, by Chapter 4 of Part III,o r 
(c) in relation to databases, by Chapter 8 of Part V, 
or from undertaking any act of circumvention required to effect such permitted acts. 
Chapter 2 
Rights Management Information 
375.—(1) A person who provides rights management information 
has the same rights and remedies against a person who— 
(a) removes or alters rights management information from cop-
ies of copyright works, copies of recordings of perform-ances or copies of databases knowing or having reason to believe that the primary purpose or effect of such removal or alteration is to induce, enable, facilitate or conceal an infringement of any right conferred by this Act, 
(b) makes available to the public copies of copyright works or 
copies of recordings of performances or re-utilises copies of databases, referred to in paragraph (a), knowing or 
having reason to believe that rights management infor-mation has been removed or altered from those copies, or 
(c) (i) sells, rents or lends, or offers or exposes for sale, rental 
or loan, 
189 Pt.VII S.373 
Non-interference of 
rights protection measures with permitted acts. 
Rights and 
remedies in respect of unlawful acts which interfere with rights management information. [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Pt.VII S.375 
Removal or 
interference with rights management information. (ii) imports into the State, or 
(iii) in the course of a business, trade or profession, has in 
his or her possession, custody or control, 
copies of copyright works, copies of recordings of per-
formances or copies of databases referred to in paragraph (a), knowing or having reason to believe that rights man-agement information has been removed or altered from those copies, 
as a rightsowner has in respect of an infringement of any of his or her rights under this Act. 
(2) References in this section to rights management information 
include information, or any representation thereof— 
(a) which identifies a copyright work, recording of a perform-
ance or database, 
(b) which identifies the author in relation to a copyright work, 
the performer in relation to a recording of a performance or the maker in respect of a database, 
(c) which identifies the owner of any right in a copyright work, 
recording of a performance or database, or 
(d) about the terms and conditions of use of a copyright work, 
recording of a performance or database, 
where any of these items of information, or any representations there-of, are attached to or appear in connection with a copy of a copyright work or a copy of a recording of a performance, which is lawfully made available to the public, or a copy of a database which is lawfully re-utilised. 
(3) Sections 145 and 264 shall apply with any necessary modifi-
cations in relation to the disposal of anything delivered up or seized by virtue of subsection (1). 
376.—(1) A person who— 
(a) removes or alters rights management information from cop-
ies of copyright works, copies of recordings of perform-ances or copies of databases knowing or having reason to believe that the primary purpose or effect of such removal or alteration is to induce, enable, facilitate or conceal an infringement of any right conferred by this Act, 
(b) makes available to the public copies of copyright works or 
copies of recordings of performances or re-utilises copies of databases, referred to in paragraph (a), knowing or 
having reason to believe that rights management infor-mation has been removed or altered from those copies, or 
(c) (i) sells, rents or lends, or offers or exposes for sale, rental 
or loan, 
(ii) imports into the State, or 
190 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(iii) in the course of a business, trade or profession, has in Pt.VII S.376 
his or her possession, custody or control, 
copies of copyright works, copies of recordings of per-
formances or copies of databases, referred to in para-
graph (a), knowing or having reason to believe that rights management information has been removed or altered from those copies, 
shall be guilty of an offence. 
(2) A person guilty of an offence under subsection (1) shall be 
liable— 
(a) on summary conviction to a fine not exceeding £1,500 in 
respect of each copy, or to imprisonment for a term not exceeding 12 months, or both, or 
(b) on conviction on indictment to a fine not exceeding 
£100,000, or imprisonment for a term not exceeding 5 years, or both. 
191 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
SCHEDULES TO THE COPYRIGHT AND RELATED RIGHTS 
ACT, 2000 
FIRST SCHEDULE 
PART I 
Transitional Provisions and Savings: Copyright 
PART II 
Works made before the first day of July, 1912 
PART III 
Secondary Infringements 
PART IV 
Performers’ Rights 
PART V 
Copyright and Performers’ Rights 
PART VI 
Transitional Provisions and Savings: Databases 
SECOND SCHEDULE 
PART I 
PART II 
THIRD SCHEDULE 
192 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
FIRST SCHEDULE Section 10. 
PART I 
Transitional Provisions and Savings: Copyright 
1. (1) In this Schedule— 
‘‘Act of 1911’’ means the Copyright Act, 1911; 
‘‘Act of 1927’’ means the Industrial and Commercial Property 
(Protection) Act, 1927; 
‘‘Act of 1963’’ means the Copyright Act, 1963; ‘‘new copyright provisions’’ means the provisions of this Act relating 
to copyright; 
‘‘new right’’ means a right arising by virtue of this Act other than— 
(a) a right corresponding to a right which existed immediately 
before the commencement of Part III of this Act, or 
(b) a right to remuneration arising under this Act. 
(2) References in this Schedule to ‘‘commencement’’ shall be con-
strued as references to the date on which the provision concerned 
came into operation. 
(3) References in this Schedule to ‘‘existing work’’ shall be con-
strued as references to a work made before the commencement of Part II of this Act and for this purpose a work the making of which 
extends over a period of time shall be deemed to have been made when the work is completed. 
(4) In relation to the Act of 1963, references in this Schedule to a 
work include any work within the meaning of that Act. 
(5) In relation to the Act of 1927— 
(a) a reference in Part I of this Schedule to copyright includes 
the right conferred by that Act in substitution for a right subsisting immediately before the commencement of that Act; 
(b) a reference in Part I of this Schedule to copyright in a sound 
recording is a reference to the copyright under that Act in a record embodying the recording; and 
(c) a reference in Part I of this Schedule to copyright in a film 
is a reference to any copyright under that Act in the film (in so far as the film constituted a dramatic work for the purposes of that Act) or in photographs forming part of that film. 
2. Subject to any express provisions to the contrary, the new copy-
right provisions shall apply in relation to works existing on the com-mencement of Part II of this Act as they apply in relation to works 
coming into existence after such commencement. 
3. (1) A reference in an enactment or other document to copy-
right, or to a work in which copyright subsists, which apart from this Act would be construed as referring to copyright under the Act of 
193 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Sch.1 1963 shall be construed, in so far as may be required for continuing 
its effect, as being, or as the case may require, including, a reference to copyright under this Act or to works in which copyright subsists under this Act. 
(2) Subject to any express provisions to the contrary, anything 
done, or having effect as being done, under or for the purposes of a provision repealed by this Act has effect as if done under or for the purposes of the corresponding provision of the new copyright provisions. 
(3) References (expressed or implied) in this Act or any other 
enactment or other document to any of the new copyright provisions shall, in so far as the context permits, be construed as including, in 
relation to times, circumstances and purposes before commencement 
of Part I or II of this Act, a reference to corresponding provisions in 
operation at the time of the commencement of Part I or II of this 
Act. 
(4) Subject to any express provision to the contrary, a reference 
(express or implied) in an enactment or other document to a pro-vision repealed by this Act shall be construed, in so far as may be required for continuing its effect, as a reference to the corresponding provision of this Act in so far as there are corresponding provisions. 
(5) Notwithstanding the repeal of the Act of 1963, any regulation, 
rule or order made under the Act of 1963 and which is in force immediately before the commencement of Part II of this Act shall 
continue in force and be deemed after the commencement of the said Part II to be made under the corresponding provisions of this 
Act. 
(6) Notwithstanding the repeal of the Act of 1963, any pro-
ceedings initiated or criminal prosecutions instituted under that Act may continue and shall be determined as if the Act of 1963 had not been repealed and any order made or fine or penalty imposed shall have effect accordingly. 
(7) Except as otherwise expressly provided, any agreement made 
prior to the coming into operation of that Part of this Act which relates to the subject matter of the agreement shall be construed by reference to the law existing at the time the agreement was made and it shall not be construed as conferring any rights on any party which were not then in existence except in cases where the parties had expressly agreed that its terms would apply to new rights arising from future legislation. 
4. Copyright subsists in an existing work after the commencement 
of Part II of this Act where copyright subsisted in the work con-
cerned immediately before such commencement. 
5. (1) Copyright shall not subsist in a film, as such, made before 
the first day of October, 1964. 
(2) Where a film made before the date referred to in subpara-
graph (1) was an original dramatic work for the purposes of the Act 
of 1927, the new copyright provisions shall have effect in relation to the film as if it was an original dramatic work within the meaning of Part II of this Act. 
(3) The new copyright provisions apply in relation to photographs 
forming part of a film made before the first day of October, 1964, as they apply in relation to photographs not forming part of a film. 
194 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
6. (1) A film sound-track to which section 18(8) of the Act of Sch.1 
1963 applied before the commencement of Part II of this Act shall 
be deemed for the purposes of the new copyright provisions to be a 
sound recording. 
(2) Copyright subsists in a sound recording where copyright sub-
sisted in the film immediately before the commencement of Part II 
of this Act and it continues to subsist until copyright in the film expires. 
(3) The author and first owner of copyright in the film shall be 
deemed to be the author and first owner of the copyright in the sound recording. 
(4) Anything done before the commencement of Part II of this 
Act under or in relation to the copyright in the film continues to 
apply in relation to the sound recording as in relation to the film. 
7. The question as to who was the author of an existing work shall 
be determined in accordance with the new copyright provisions for the purposes of the rights conferred by Chapter 7 of Part II of this 
Act, and for all other purposes shall be determined in accordance with the law applicable at the time the work was made. 
8. (1) The question as to who is or was the first owner of copy-
right in an existing work shall be determined in accordance with the law applicable to copyright at the time the work was made. 
(2) Where, before the commencement of Part II of this Act, a 
person commissioned the making of a work in circumstances within— 
(a) section 10(3) of the Act of 1963 or paragraph (a)o ft h e 
proviso to section 158(1) of the Act of 1927, or 
(b) the proviso to section 17(3) of the Act of 1963, 
those provisions shall apply in order to determine first ownership of copyright in any work made pursuant to the commission after the commencement of the said Part II. 
9. (1) Nothing in this Act shall affect the duration of copyright in 
works in which copyright subsists on or before the commencement of Part II of this Act, and the duration of copyright in those works 
shall be determined, where applicable, in accordance with the Euro-pean Communities (Term of Protection of Copyright) Regulations, 1995 (S.I. No. 158 of 1995), notwithstanding the revocation of those Regulations. 
(2) This Act shall apply to computer programs whether created 
before or after the first day of January, 1993. 
10. Section 13 of the Act of 1963 continues to apply where notice 
under that section was given before the repeal of that section by this Act, but only in respect of the making of records— 
(a) within one year of the repeal of the Act of 1963 coming into 
operation, and 
(b) up to the number stated in the notice as intended to be sold. 
195 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Sch.1 11. (1) Any act undertaken before the commencement of Chapter 
7 of Part II of this Act shall not be actionable under any provision 
of that Chapter. 
(2) Section 54 of the Act of 1963 continues to apply in relation to 
acts undertaken before the commencement of Chapter 7 of Part II 
of this Act. 
12. (1) The rights conferred by sections 107 and 109 shall not 
apply— 
(a) in relation to a literary, dramatic, musical or artistic work 
the author of which died before the commencement of 
Part II of this Act, or 
(b) in relation to a film, broadcast or typographical arrange-
ment made before the commencement of Part II of this 
Act. 
(2) The rights conferred by sections 107 and 109 in relation to an 
existing literary, dramatic, musical or artistic work shall not apply— 
(a) where copyright first vested in the author, to anything which 
by virtue of an assignment of copyright made or licence 
granted before the commencement of Part II of this Act 
may be done without infringing copyright, 
(b) where copyright first vested in a person other than the 
author, to anything done by or with the licence of the copyright owner. 
(3) Chapter 7 of Part II of this Act shall not apply to anything 
done in relation to a record made pursuant to section 13 of the Act of 1963. 
13. The right conferred by section 114 shall not apply to photo-
graphs taken or films made before the commencement of Part II of 
this Act. 
14. (1) Any document made or event occurring before the com-
mencement of Part II of this Act which operated— 
(a) to affect the ownership of the copyright in an existing work, 
or 
(b) to create, transfer or terminate an interest, right or licence 
in respect of the copyright in an existing work, 
has the corresponding operation in relation to copyright in the exist-ing work under this Act. 
(2) A word or phrase in a document referred to in subparagraph 
(1) shall be construed in accordance with its effect immediately 
before the commencement of Part II of this Act. 
15. Section 121 shall not apply in relation to an agreement made 
before the first day of October, 1964, in relation to copyright. 
16. (1) Where the author of a literary, dramatic, musical or artistic 
work was the first owner of the copyright in the work, an assignment of the copyright and a grant of any interest in it, made by him or her (otherwise than by will) after the passing of the Act of 1927 and before the first day of October, 1964, shall not operate to vest in the 
196 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
assignee or grantee any rights with respect to the copyright in the Sch.1 
work beyond the expiration of 25 years after the death of the author. 
(2) The reversionary interest in the copyright expectant on the 
expiration of the period referred to in subparagraph (1) may, after 
the commencement of Part II of this Act, be assigned by the author 
during his or her life but in the absence of any assignment shall, on 
his or her death, devolve on his or her legal personal representatives as part of his or her estate. 
(3) Nothing in this paragraph affects— 
(a) an assignment of the reversionary interest by a person to 
whom it has been assigned, 
(b) an assignment of the reversionary interest after the death of 
the author by his or her personal representatives or any person becoming entitled to it, or 
(c) any assignment of the copyright after the reversionary 
interest has fallen in. 
(4) This paragraph shall not apply to the assignment of the copy-
right in a collective work or a licence to publish a work or part of a work as part of a collective work. 
(5) In subparagraph (4) ‘‘collective work’’ means— 
(a) any encyclopaedia, dictionary, yearbook, or similar work, 
(b) a newspaper or periodical, or 
(c) any work written in distinct parts by different authors, or in 
which works or parts of works of different authors are incorporated. 
PART II 
Works made before the first day of July, 1912 
17. (1) Paragraphs 17 to 30 and 44 of this Schedule apply to works 
made before the first day of July, 1912. 
(2) In paragraphs 17 to 30 and 44 of this Schedule a ‘‘right con-
ferred by the Act of 1911’’, in relation to a work, means such a substi-tuted right as, by virtue of section 24 of the Act of 1911, was con-ferred in place of a right subsisting immediately before the commencement of that Act. 
18. Notwithstanding anything in paragraphs 17 to 30 and 44 of this 
Schedule, neither subsection (1) or (2) of section 8 of the Act of 1963, nor subsection (2) or (3) of section 9 of that Act, shall apply to a work to which this Part of the Schedule applies, unless a right conferred by the Act of 1911 subsisted in the work immediately before the commencement of the said section 8 or 9, as the case may be. 
19. (1) Where, in the case of a dramatic or musical work made 
before the first day of July, 1912, the right conferred by the Act of 1911 did not include the sole right to perform the work in public, then, in so far as copyright subsists in the work by virtue of this Act, 
197 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Sch.1 the acts restricted by the copyright shall be treated as not including 
those specified in subparagraph (3). 
(2) Where, in the case of a dramatic or musical work to which 
paragraphs 17 to 30 and 44 of this Schedule apply, the right conferred 
by the Act of 1911 consisted only of the sole right to perform the work in public, then, in so far as copyright subsists in the work by virtue of this Act, the acts restricted by the copyright shall be treated as consisting only of those specified in subparagraph (3). 
(3) The acts referred to in subparagraphs (1) and (2) are— 
(a) performing the work or an adaptation thereof in public, 
(b) broadcasting the work or an adaptation thereof, or 
(c) causing the work or an adaptation thereof to be transmitted 
to subscribers to a diffusion service. 
20. Where a work to which paragraphs 17 to 30 and 44 apply con-
sists of an essay, article or extract forming part of a work and first published in a review, or other periodical or similar work, and immediately before the commencement of section 8 of the Act of 1963, a right of publishing the work in a separate form subsisted by virtue of the note appended to the First Schedule to the Act of 1911, that note shall have effect, in relation to that work, as if it had been re-enacted in this Act with the substitution, where it first occurs for ‘‘right’’ of ‘‘copyright’’. 
21. (1) This paragraph shall apply where— 
(a) the author of a work to which paragraphs 17 to 30 and 44 
of this Schedule apply had, before the commencement of the Act of 1911, made such an assignment or grant as is mentioned in paragraph (a) of the proviso to subsection (1) of section 24 of that Act, and 
(b) copyright subsists in the work by virtue of any provision of 
this Act. 
(2) Where, before the commencement of section 24 of the Act of 
1911, an event occurred, or notice was given, which in accordance with paragraph (a) of the proviso referred to in subparagraph (1)(a) 
operated so as to affect the ownership of the right conferred by the Act of 1911 in relation to the work, or creating, transferring or termi-nating an interest, right or licence in respect of that right, that event 
or notice shall have the corresponding operation in relation to the copyright in the work under this Act. 
(3) Any right which, at a time after the commencement of a pro-
vision of this Act by virtue of which copyright subsists in a work, which would, but for the passing of this Act, by virtue of paragraph (a) of the proviso referred to in subparagraph (1)(a), have been exer-
cisable in relation to the work, or to the right conferred by the Act of 1911, shall be exercisable in relation to the work or to the copy-right in that work under this Act, as the case may be. 
(4) If, in accordance with paragraph (a) of the proviso referred to 
in subparagraph (1)(a), the right conferred by the Act of 1911 would 
have reverted to the author or his or her personal representatives on the date referred to in that paragraph, and the said date is after the commencement of section 17— 
198 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(a) the copyright in the work under this Act shall revert to the Sch.1 
author or his or her personal representatives, as the case 
may be, and 
(b) any interest of any other person in that copyright which sub-
sists on that date by virtue of any document made before the commencement of the Act of 1911 shall thereupon determine. 
22. (1) Section 123— 
(a) shall not apply where the testator died before the first day 
of October, 1964, and 
(b) applies only in relation to an original document embodying 
a work, where the testator died on or after that date and before the commencement of Part II of this Act. 
(2) In the case of an author who died before the first day of 
October, 1964, the ownership after his or her death of his or her manuscript, where such ownership has been acquired under a testa-mentary disposition made by him or her and the manuscript is of a work which has not been published or performed in public, is prima 
facie proof of the copyright being with the owner of the manuscript. 
23. (1) Sections 127 and 128 shall apply only in relation to an 
infringement of copyright committed after the commencement of Part II of this Act; section 22 of the Act of 1963 shall continue to 
apply in relation to infringements committed before such com-mencement. 
(2) Sections 131 to 133 shall apply to infringing copies, articles and 
devices made before or after the commencement of Part II of this 
Act; section 24 of the Act of 1963 shall not apply after such com-mencement except for the purposes of proceedings initiated before such commencement. 
(3) Sections 135 and 136 shall apply only in relation to an infringe-
ment of copyright committed after the commencement of Part II of 
this Act; section 25 of the Act of 1963 shall continue to apply in relation to infringements committed before such commencement. 
(4) Section 139 shall apply only in proceedings brought by virtue 
of this Act; section 26 of the Act of 1963 shall continue to apply in proceedings brought by virtue of that Act. 
24. Sections 135 and 136 shall not apply to a licence granted before 
the first day of October, 1964. 
25. (1) Section 140 shall apply only in relation to acts undertaken 
after the commencement of Part II of this Act; section 27 of the Act 
of 1963 shall continue to apply in relation to acts undertaken before such commencement. 
(2) Section 143 shall apply in relation to offences committed 
before the commencement of Part II of this Act in relation to which 
the Act of 1963 applied; section 27(5) of the Act of 1963 shall con-
tinue to apply in relation to warrants issued before such com-mencement. 
26. A dispute referred to the Controller under Part V of the Act 
of 1963 and pending at the time of the commencement of Part II of 
199 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Sch.1 this Act shall be disposed of under the said Part V of the Act of 1963 
as if that Part had not been repealed. 
27. Every work in which copyright subsisted under the Act of 1963 
immediately before the commencement of Part II of this Act shall 
be deemed to satisfy the requirements of this Act as to qualification 
for copyright protection. 
28. (1) Section 191 shall apply to an existing work where— 
(a) section 51 of the Act of 1963 applied to the work immedi-
ately before commencement, and 
(b) the work is not one to which section 193, 194 or 195 applies. 
(2) Section 191(2) shall have effect subject to any agreement 
entered into under section 51(6) of the Act of 1963 where that agree-ment is entered into before the commencement of Part II of this Act. 
29. (1) Section 193 of this Act shall apply to existing unpublished 
literary, dramatic, musical or artistic works, but shall not otherwise apply to existing works. 
(2) Section 194 shall not apply to any Bill introduced into either 
House of the Oireachtas before the commencement of Part II of this 
Act. 
30. (1) Any work in which, immediately before the commence-
ment of Part II of this Act, copyright subsisted by virtue of section 
44 of the Act of 1963 shall be deemed to satisfy the requirements of section 196(1); but otherwise section 196(1) shall not apply to works 
made or, as the case may be, published before such commencement. 
(2) Copyright in a work referred to in subparagraph (1) which is 
unpublished continues to subsist until the date on which it would 
have expired in accordance with the Act of 1963, or the expiration 
of the period of 50 years from the end of the calendar year in which the new copyright provisions are commenced, whichever is the earlier. 
PART III 
Secondary Infringements 
31. (1) Sections 44 to 48 shall apply to secondary infringements 
occurring on or after the commencement of those sections. 
(2) Notwithstanding the repeal of section 11 of the Act of 1963, 
that section shall continue to apply in respect of infringements occur-ring before the commencement of sections 44 to 48. 
PART IV 
Performers’ Rights 
32. In this Part— 
‘‘existing’’ in relation to a performance, means a performance given before the commencement of this Part of the Schedule. 
200 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
33. Notwithstanding the repeal of the Performers’ Protection Act, Sch.1 
1968, any proceedings initiated or criminal prosecutions instituted 
under that Act may continue and shall be determined as if that Act had not been repealed and any order made or fine or penalty imposed shall have effect accordingly. 
34. For the purposes of this Part of this Schedule a performance, 
the making of which extended over a period of time, shall be taken to have been made when the performance was completed. 
35. An act undertaken before the commencement of Part III or 
Part IV of this Act shall not be regarded as an infringement of any 
new right, or as giving rise to any right to remuneration arising by 
virtue of Part III or Part IV of this Act. 
36. (1) Any new right conferred by Part III or Part IV of this 
Act in relation to a qualifying performance is exercisable after the 
commencement of the said Part III and Part IV by the performer or, 
where he or she has died, by the person who under section 300 would 
be entitled to exercise the rights conferred on the performer by the said Part III or Part IV in relation to that performance. 
(2) Any remuneration or damages received by a person’s personal 
representatives under a right conferred on them by subparagraph (1) 
shall devolve as part of that person’s estate as if the right had sub-sisted and been vested in him or her immediately before his or her death. 
PART V 
Copyright and Performers’ Rights 
37. (1) Except as otherwise expressly provided, nothing in this 
Act affects an agreement in relation to rental and lending rights established by virtue of the Council Directive No. 92/100/EEC of 19 
November, 1992, on rental right and lending right and certain rights 
relating to copyright in the field of intellectual property made before 
the 19th day of November, 1992. 
(2) An act undertaken pursuant to an agreement referred to in 
subparagraph (1) after the commencement of Part III or Part IV of 
this Act shall not be regarded as an infringement of any new right. 
38. (1) This Act applies to an agreement concluded before the 
first day of January, 1995— 
(a) between two or more co-producers of a film, one of whom 
is a national of a Member State of the EEA, and 
(b) the provisions of the agreement grant to the parties exclus-
ive rights to exploit all communication to the public of the film in separate geographical areas. 
(2) When an international co-production agreement concluded 
before the first day of January, 1995, between a co-producer from a Member State of the EEA and one or more co-producers from other Member States of the EEA or third countries expressly provides for a system of division of exploitation rights between the co-producers by geographical areas for all means of communication to the public, without distinguishing the arrangement applicable to communication to the public by satellite from the provisions applicable to the other means of communication, and where communication to the public 
201 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Sch.1 by satellite of the co-production would prejudice the exclusivity, in 
particular the language exclusivity, of one of the co-producers or his or her assignees in a given territory, the authorisation by one of the co-producers or his or her assignees for a communication to the pub-lic by satellite shall require the prior consent of the holder of that exclusivity, whether co-producer or assignee. 
39. Where before the commencement of Part II, Part III or Part 
IV of this Act— 
(a) the owner or prospective owner of copyright in a literary, 
dramatic, musical or artistic work has authorised a person to make a copy of the work, or 
(b) the owner or prospective owner of performers’ rights in a 
performance has authorised a person to make a copy of a recording of the performance, 
any new right in relation to that copy shall vest on such commence-ment in the person so authorised, subject to any agreement to the contrary. 
40. (1) Subject to paragraph 41, sections 124 and 297 shall apply 
and have effect in relation to an agreement concluded before or after the commencement of Part II and Part III of this Act. 
(2) Subject to paragraph 41, sections 125 and 298 shall apply and 
have effect accordingly. 
41. No right to equitable remuneration under sections 125 and 298 
arises— 
(a) in respect of any rental of a sound recording or film before 
the first day of July, 1997, or 
(b) in respect of any rental after that date of a sound recording 
or film made in pursuance of an agreement entered into 
before the first day of July, 1994, unless the author or performer (or his or her successor in title) has, before the first day of January, 1997, notified the person by whom the remuneration would be payable that he or she intends to exercise that right. 
42. (1) Any new right in relation to a copyright work shall not 
apply to a copy of the work acquired by a person before the com-mencement of Part II of this Act for the purpose of renting or lend-
ing it to the public. 
(2) Any new right in relation to a qualifying performance shall 
not apply to a copy of a recording of the performance acquired by a person before the commencement of Part III and Part IV of this Act 
for the purpose of renting or lending it to the public. 
43. (1) Section 2(7) and (8) shall apply from the commencement 
of Parts II, III and IV of this Act in relation to films made on or 
after the first day of July, 1994. 
(2) It is not an infringement of any right which the principal direc-
tor has under this Act to do anything after the commencement of Part II of this Act pursuant to arrangements for the exploitation of 
a film made before the 19th day of November, 1992. 
202 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
(3) Nothing in subparagraph (2) shall affect any right of a person Sch.1 
to equitable remuneration under section 125. 
(4) Subject to paragraph 36 and subparagraphs (1) to (3) of this 
paragraph, this Act shall apply to works made and to performances 
given before or after the commencement of Part II or III of this Act. 
44. (1) This paragraph shall apply to the construction of any refer-
ence in this Act to qualified persons. 
(2) Where, at any time after the commencement of any provisions 
of this Act, the Government makes an order declaring that certain countries are excluded from the application of this Act the order shall not affect any rights existing before the making of that order. 
PART VI 
Transitional Provisions and Savings: Databases 
45. (1) Where a database— 
(a) was created on or before the 27th day of March, 1996, and 
(b) is a copyright work immediately before the commencement 
of Part V of this Act, 
copyright shall continue to subsist in the database for the remainder of its copyright term. 
(2) In this paragraph ‘‘copyright term’’ means the period of the 
duration of copyright under section 24. 
46. Where— 
(a) the making of a database was completed on or after the first 
day of January, 1983, and 
(b) on the commencement of Part V of this Act the database 
right begins to subsist in the database, 
the database right shall subsist in the database for the period of 15 years commencing on the first day of January, 1999. 
203 [No. 28.] Copyright and Related Rights Act, [2000.] 
2000. 
Section 10. SECOND SCHEDULE 
PART I 
Number and Year Short Title of Act Extent of Repeal 
No. 10 of 1963 Copyright Act, 1963 Entire Act other than section 
59. 
No. 19 of 1968 Performers’ Protection Act, 1968 Entire Act. 
No. 24 of 1987 Copyright (Amendment) Act, 1987 Entire Act. 
No. 28 of 1998 Intellectual Property 
(Miscellaneous Provisions) Act, 
1998 Sections 2 and 3. 
No. 15 of 1989 Dublin City University Act, 1989 Section 6. 
No. 14 of 1989 University of Limerick Act, 1989 Section 7. 
No. 11 of 1997 National Cultural Institutions 
Act, 1997 Section 66. 
Number and Year Title of Enactment Extent of Revocation 
S.I. No. 26 of 1993 European Communities (Legal 
Protection of Computer Programs) Regulations, 1993 Entire Regulations. 
S.I. No. 158 of 1995 European Communities (Term of 
Protection of Copyright) Regulations, 1995 Entire Regulations. PART II 
204 [2000.] Copyright and Related Rights Act, [No. 28.] 
2000. 
THIRD SCHEDULE Section 188. 
1. The agreements, treaties and conventions which shall be reckon-
able for the purposes of extension of qualification of copyright pro-
tection to works under the provisions of section 188 of this Act shall 
be: 
(1) Berne Convention for the Protection of Literary and Artis-
tic Works, as revised at Paris on July 24, 1971 and amended on October 2, 1979. 
(2) Universal Copyright Convention, as revised at Paris on July 
24, 1971. 
(3) EEA Agreement. 
(4) Agreement on Trade-Related Aspects of Intellectual Prop-
erty Rights, including Trade in Counterfeit Goods. 
(5) International Convention for the Protection of Performers, 
Producers of Phonograms and Broadcasting Organis-ations, done at Rome on October 26, 1961 — in respect, only, of matters addressed by Article 5 and Article 6 of that Convention (see paragraph 2, below). 
(6) World Intellectual Property Organisation (WIPO) Copy-
right Treaty, adopted by the Diplomatic Conference at Geneva on December 20, 1996. 
(7) World Intellectual Property Organisation (WIPO) Perform-
ances and Phonograms Treaty, adopted by the Diplo-matic Conference at Geneva on December 20, 1996. 
Qualifications on application 
2. In respect of the Convention specified in paragraph 1(5) of this 
Schedule, section 188 and this Schedule shall have effect in respect 
of matters addressed by Article 5 and Article 6 of that Convention, only. 
205