S.I. No. 514 of 2002 
Copyright and Related Rights (Certificatio n of Licensing Scheme for Reprographic 
Copying by Educational Establishments) (The Irish Copyright Licensing Agency 
Limited) Order 2002  
I, Mary Harney, Minister for Enterprise, Trade and Employment, in exercise of the 
powers conferred on me by section 173(2) of  the Copyright and Related Rights Act 2000 
( No. 28 of 2000 ) hereby order as follows: 
1.         This Order may be cited as th e Copyright and Related Rights (Certification of 
Licensing Scheme for Reprographic Copying by Educational Establishments) (The Irish 
Copyright Licensing Agency Limited) Order 2002. 
2.         In this Order: 
“the Act” means the Copyright and Rela ted Rights Act 2002 ( No. 28 of 2000 ); 
“the Minister” means the Minister fo r Enterprise, Trade and Employment; 
“ICLA” means the Irish Copyri ght Licensing Agency Limited. 
3.         The licensing scheme specified in the Schedule to this Order is certified for the 
purposes of section 57 of the Act and shall apply to any educational establishment as 
defined in section 2(1) of the Act. 
4.         The certification under paragraph 3 above shall, for the purposes of section 57 of 
the Act, come into operation on the 13th day of January, 2003. 
SCHEDULE  
Licensing Scheme operated by the Irish Copyright Licensing Agency Limited in 
respect of educational establishments  
1.         The Licensing Scheme operated by the Irish Copyright Licen sing Agency Limited 
(ICLA) in respect of educational establishments  has been certified as a licensing scheme 
for the purposes of section 57 of the Act. 2.         ICLA grants licences to educa tional establishments for the reprographic copying 
of literary works. 3.         The licence granted by ICLA perm its reprographic copying of material solely for 
the educational purposes of the relevant establishment, and not for commercial gain, nor 
for any other purpose. 4.         In this Scheme and in any licence issued by ICLA: “licence” means the non-exclusive right on the premises and subject to the 
terms and conditions specified in this  Schedule to make or receive (or 
permit the making or receiving of) single or multiple copies from books, 
journals and periodicals in whic h copyright subsists, published in 
countries, territories, states or areas details of which are circulated by the ICLA from time to time, other th an books, journals and periodicals 
included in the list of excluded ca tegories and excluded works. The 
copying licensed is any copying onto paper by means of a reprographic process, and includes any process whic h involves an intermediate stage 
which may be onto paper or other material. The licence does not permit the licensee to create database of co pyright material or to incorporate 
copyright material in a database, or  to produce non-identical copies of 
copyright material or to  input into or store c opyright material in any 
computer or other device, except for the sole purpose of making an 
identical paper copy immediately after such input. 
“premises” means the premises named in the licence. 
“excluded categories and excluded works”  means those categories of work 
or those individual works included on  a list of excluded categories and 
excluded works circulated from time to time by ICLA. 
“Act” means the Copyright and Related Rights Act 2000 ( No. 28 of 2000 
). 
5.         In the case of copying licensed by ICLA, the number of copies of any one item 
taken at any one time shall not exceed the numbe r of students in a class plus two copies 
for each teacher and no copy shall exceed five percent or one chapte r (whichever is the 
greater), except, 
(a)            in the case of an arti cle in a periodical public ation, the whole article 
may be copied, but not more than on e article in any one issue of the 
publication. 
(b)            in the case of a short story or poem of not more than ten pages in 
length, the whole of the short story or poem may be copied. 
6.         The annual tariff, or fee, for li cences, applicable from the date of coming into 
operation of the certif ication of the licensing scheme shall be: 
(a) Primary schools-€2 per student per annum (plus VAT) 
(b) Post-primary schools-€2 per student per annum (plus VAT) (c) Third-level Institutions-€6 per student per annum (plus VAT) (d) Other educational establishments designated from time to time by the 
Minister-a tariff or fee related to the above by type. 
7.         Subject to exemptions provided  for by the Act, authorisation for copies made 
outside the terms of this licence including t hose on the list of “excluded categories and 
excluded works” must be obtained from the owner of the copyright in such works. 
8.         The licensee shall take steps to notify its staff, particularly those with 
responsibility for reprographic equipment at th e premises, of the terms and conditions of 
the licence, and shall display or cause to be displayed adjacent to every copying machine 
at the premises, the user guidelines provided by ICLA. 
9.         The licensee shall comply with  the record-keeping procedures approved from 
time to time by ICLA, and the licensee shall permit ICLA to attend at the premises by 
arrangement from time to time, including for the purpose of carrying out a periodic audit 
of copies made by the licensee. 
10.  Subject to (a), (b) and (c), in any case where the licensee receive s a claim that, when 
acting under the permission granted by the licence, the licensee has infringed the 
copyright of any person or body, ICLA shall indemnify the licensee in respect of all 
reasonable costs, expenses and damages aw arded against or incurred by the licensee, 
including any ex gratia  payment made with the prio r written consent of ICLA: 
(a)  the indemnity shall only apply where the licensee has complied with the 
licence and has given ICLA written notice of any claim within 10 working days of the claim being notified to the licensee, 
(b)  the licensee shall ensure that no ad mission or offer of payment or indemnity 
shall be made or given on its own beha lf or on behalf of  ICLA without the 
prior written consent of ICLA, and 
(c)  the indemnity shall not apply to excluded cate gories or excluded works. 
11.       Where the licensee commits any mate rial breach of any of its obligations under 
the licence and remains in such breach 14 da ys after receiving notice to remedy that 
breach, then ICLA may by notice to the licen see and without prejudice to any sums 
already paid or due to be paid under the licence and to any othe r rights of ICLA: 
(a) terminate the licence, or 
(b) withdraw the licence until ICLA shall be satisfied that that breach will not 
recur. 
12.       Where the licensee (being a compa ny) becomes insolvent or goes into liquidation, 
or (being an individual) become s bankrupt or enters into an arrangement with his or her 
creditors, or ceases to operate as an educational establishment, the licence shall terminate forthwith without recourse to ICLA in respec t of any prepayment of the licence fee or in 
any other respect. 
13.       The licence is personal to the licen see named in the licence and applies only in 
respect of the premises specified in the licence and may not be transferred or assigned to 
any third party or transferred to any other premises. 
14.       The terms and conditions of the licence are not subject to variation by oral 
representation and no variation shall be effective unless agreed in writing between the 
licensee and ICLA and annexed to the licence. 15.       The licence shall be governed and cons trued in all respects in accordance with the 
law of Ireland, and any question or difference arising out of the licence shall be shall be 
referred to the adjudication of the Controller  of Patents, Designs and Trade Marks where 
the Controller is empowered under the Act to determine such question or difference, and 
otherwise to the exclusive jurisdiction of the Irish courts. 16.       Notices to be served or given under the licence shall be in writing and sent by 
registered post to the last known address of the licensee or ICLA, as the case may be, and 
shall be deemed to have been served on the third working day following the date of 
posting. 
 GIVEN under my Official Seal
this 12
th day of November, 2002
 MARY HARNEY
 Minister for Enterpri se, Trade and Employment
EXPLANATORY NOTE 
(This Note is not part of the Instrument, a nd does not purport to be a legal interpretation) 
Section 57 of the Copyright and Related Rights Act 2000 provides for limited copyright 
exceptions, which allow free reprographic copy ing by educational establishments within 
strictly defined limits. 
However, this section does not apply where there is a licensing scheme, certified by the 
Minister under Section 173 of the Act, in operation. 
This Section provides for the certification of a licensing scheme for the purposes of 
Section 57 where the Minister is satisfied that 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 the scheme sets out clearly the charges 
payable and the other terms and conditions  on which licences are to be granted. 
Through this Order, the Minister for Enterpri se, Trade and Employment has certified the 
licensing scheme operated by the Irish Copyrig ht Licensing Agency Limited, with effect 
from 13 January, 2003. 
The Schedule to the Order contains  details of the licensing scheme. 
Published by the Stationery Office, Dublin