STATUTORY INSTRUMENTS . 
 
 
 
 
S.I. No. 567 of 20 21 
 
 
 
 
________________  
 
 
 
 
EUROPEAN UNION (COPYRIGHT AND RELATED RIGHTS IN THE 
DIGITAL SINGLE MARKET) REGULATIONS 2021  
 
  
2  [567] 
 
S.I. No. 567 of 2021 
 
EUROPEAN UNION (COPYRIGHT AND RELATED RIGHTS IN THE 
DIGITAL SINGLE MARKET) REGULATIONS 2021  
 
I, LEO VARADKAR , Minister for Enterprise, Trade and Employment, in 
exercise of the powers conferred on me by section 3 of the European 
Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to 
Directive (EU) 2019/790 of the European Parliament and of the Council of 17 
April 2019, hereby make the following regulations:  
 
PART 1  
PRELIMINARY  
 
Citation and commencement  
1. These Regulations may be cited as the European Union (Copyright and 
Related Rights in the Digital Single Market) Regulations 2021.  
 
Interpretation  
2. (1) In these Regulations – 
 
“Act of 2000” means the Copyright and Related Rights Act 2000 (No. 28 of 
2000) ; 
 
“collective management organisation” has the same meaning as it has in the 
Regulations of 2016;  
 
“Directive” means Directive (EU) 2019/790 of the European Parliament and of 
the Council of 17 April 2019 on copyright and related rights in the Digital 
Single Market and amending Directives 96/9/EC and 2001/29/EC1; 
 
“out-of-commerce work” means a work where it can be presumed in good faith 
that the whole work or other subject matter is not available to the public 
through customary channels of commerce, after  a reasonable effort has been 
made to determine whether it is available to the public;  
 
“Regulations of 2016” means the European Union (Collective Rights 
Management) (Directive 2014/26/EU) Regulations 2016 (S.I. No. 156 of 
2016).  
 
1 OJ No. L 130, 17.5.2019, p. 92.  
Notice of the making of this Statutory Instrument was published in  
“Iris Oifigi úil” of 19th November , 2021. 
 [567]  3 
 
(2) A word or expression that is used in these Regulations and that is also 
used in the Directive has, unless the context otherwise requires, the same 
meaning in these Regulations as it has in the Directive.  
 
PART 2  
 
MEASURES TO ADAPT EXCEPTIONS AND LIMITATIONS TO 
DIGITAL AND CROSS -BORDER ENVIRONMENT  
 
Text and data mining for the purposes of research  
3. (1) Section 53A of the Act of 2000 is amended by th e insertion of the 
following subsections after subsection (3):  
 “(3A)  A copy of a work made in compliance with 
subsection (1) shall be stored in a secure manner appropriate to 
the nature of the work concerned and may be retained for the 
purposes of researc h, including for the purposes of the 
verification of research results.  
 (3B) In order to ensure that a copy of a work is stored 
with an appropriate level of security in accordance with 
subsection (3A), the person responsible for the security and 
integrity of the networks and databases where the copy is hosted 
(in this section referred to as “the responsible person”) shall 
ensure that only persons who have lawful access to the data 
contained in that copy shall be permitted to access those data, 
including thr ough IP address validation or user authentication.  
 (3C) Where a copy of a work is made in compliance 
with subsection (1), the author of the work, in order to satisfy 
himself or herself of the security and integrity of the networks 
and databases where the copy is hosted, shall – 
(a) be informed of the making of the copy,  
(b) be entitled to request information on the 
steps taken by the responsible person to 
comply with subsection (3B), and  
(c) be entitled, where he or she requests any 
additional security mea sures, to a 
response as soon as practicable as to 
whether or not those additional security 
measures will be applied.  
 (3D)  The exceptions and limitations provided for 
under this section shall only be applied in certain special cases 
which do not conflict w ith a normal exploitation of the work or 
other subject matter and do not unreasonably prejudice the 
legitimate interests of the rightholder.  
 4  [567] 
 
 (3E) Where a beneficiary of an exception or limitation 
under this section has legal access to the relevant protected work 
or subject matter, the relevant author or performer shall ensure 
that that beneficiary has the means of benefiting from that 
exception or limitation to the extent necessary to do so.  
 (3F) Any contractual provision contrary to this section 
shall be unenforceable.”.  
(2) Section 225A of the Act of 2000 is amended by the insertion of the 
following subsections after subsection (3):  
 “(3A)  A copy of a work made in compliance with 
subsection (1) shall be stored in a secure manner appropria te to 
the nature of the work concerned and may be retained for the 
purposes of research, including for the purposes of the 
verification of research results.  
 (3B) In order to ensure that a copy of a work is stored 
with an appropriate level of security in a ccordance with 
subsection (3A), the person responsible for the security and 
integrity of the networks and databases where the copy is hosted 
(in this section referred to as “the responsible person”) shall 
ensure that only persons who have lawful access to the data 
contained in that copy shall be permitted to access those data, 
including through IP address validation or user authentication.  
 (3C) Where a copy of a work is made in compliance 
with subsection (1), the author of the work, in order to satisfy 
himself or herself of the security and integrity of the networks 
and databases where the copy is hosted, shall – 
(a) be informed of the making of the copy,  
(b) be entitled to request information on the 
steps taken by the responsible person to 
comply with subs ection (3B), and  
(c) be entitled, where he or she requests any 
additional security measures, to a 
response as soon as practicable as to 
whether or not those additional security 
measures will be applied.  
 (3D)  The exceptions and limitations provided for 
under this section shall only be applied in certain special cases 
which do not conflict with a normal exploitation of the work or 
other subject matter and do not unreasonably prejudice the 
legitimate interests of the rightholder.  
 (3E) Where a beneficiary of an exception or limitation 
under this section has legal access to the relevant protected work 
or subject matter, the relevant author or performer shall ensure 
that that beneficiary has the means of benefiting from that 
exception or limitation to the extent  necessary to do so.  [567]  5 
 
 (3F) Any contractual provisions contrary to this 
section shall be unenforceable.”.  
 
Exception or limitation for text and data mining  
4. The Act of 2000 is amended – 
(a) by the insertion of the following section after section 53A:  
“Text and data mining for commercial purposes - 
exception  
53B.  (1) Where an author has not expressly 
reserved in an appropriate manner, in accordance with 
subsection (3), the use of a work for reproduction or 
extraction for the purposes of text and data min ing, a 
person who has lawful access to it but does not fall 
within the scope of section 53A(1), may reproduce it for 
the purposes of text and data mining.  
 (2) Reproductions and extractions made 
pursuant to subsection (1) may be retained for as long as 
is necessary for the purposes of text and data mining.  
 (3) For the purposes of subsection (1), an 
author reserves the use of a work for reproduction or 
extraction for the purposes of text and data mining in an 
appropriate manner where the reservation concern ed – 
(a) is machine -readable in the case of 
content made publicly available 
online, including metadata and 
terms and conditions of a website 
or a service, and  
(b) in case of content not made 
publicly available online, is 
clearly communicated to all 
persons  who have lawful access to 
it. 
 (4) The exceptions and limitations provided 
for under this section shall only be applied in certain 
special cases which do not conflict with a normal 
exploitation of the work or other subject -matter and do 
not unreasonably p rejudice the legitimate interests of the 
rightholder.  
 (5) Where a beneficiary of an exception or 
limitation under this section has legal access to the 
relevant protected work or subject matter, the relevant 
author or performer shall ensure that that benef iciary has 
the means of benefiting from that exception or limitation 
to the extent necessary to do so.  6  [567] 
 
 (6) Any contractual provisions contrary to 
this section shall be unenforceable.”,  
(b) in section 82, by the insertion of the following subsections after  
subsection (2):  
 “(3) It is not an infringement of the copyright 
in a computer program for a lawful user of a copy of the 
computer program to reproduce, or extract from, the 
computer program for the purposes of text and data 
mining where the author has no t expressly reserved in an 
appropriate manner, in accordance with subsection (5), 
the use of the computer program for reproduction or 
extraction for the purposes of text and data mining.  
 (4) Reproductions and extractions made 
pursuant to subsection (3) ma y be retained for as long as 
is necessary for the purposes of text and data mining.  
 (5) For the purposes of subsection (3), an 
author reserves the use of a computer program for 
reproduction or extraction for the purposes of text and 
data mining in an appr opriate manner where the 
reservation concerned – 
(a) is machine -readable in the case of 
content made publicly available 
online, including metadata and 
terms and conditions of a website 
or a service, and  
(b) in case of content not made 
publicly available online, is 
clearly communicated to all 
persons who have lawful access to 
it.”, and  
(c) by the insertion of the following section after section 225A:  
“Text and data mining for non -commercial purposes 
- exception  
225AA.  (1) Where an author has not expressly 
reserved in an appropriate manner, in accordance with 
subsection (3), the use of a work for reproduction or 
extraction for the purposes of text and data mining, a 
person who has lawful access to it but does not fall 
within the scope of section 22 5A(1), may reproduce it 
for the purposes of text and data mining.  
 (2) Reproductions and extractions made 
pursuant to subsection (1) may be retained for as long as 
is necessary for the purposes of text and data mining.  
 (3) For the purposes of subsection ( 1), an 
author reserves the use of a work for reproduction or [567]  7 
 
extraction for the purposes of text and data mining in an 
appropriate manner where the reservation concerned – 
(a) is machine -readable in the case of 
content made publicly available 
online, including metadata and 
terms and conditions of a website 
or a service, and  
(b) in case of content not made 
publicly available online, is 
clearly communicated to all 
persons who have lawful access to 
it. 
 (4) The exceptions and limitations provided 
for under this section shall only be applied in certain 
special cases which do not conflict with a normal 
exploitation of the work or other subject matter and do 
not unreasonably prejudice the legitimate interests of the 
rightholder.  
 (5) Where a beneficia ry of an exception or 
limitation under this section has legal access to the 
relevant protected work or subject matter, the relevant 
author or performer shall ensure that that beneficiary has 
the means of benefiting from that exception or limitation 
to the extent necessary to do so.  
 (6) Any contractual provisions contrary to 
this section shall be unenforceable.”.  
 
Use of works and other subject matter in digital and cross -border teaching 
activities  
5. (1) Section 57A of the Act of 2000 is amended – 
(a) by the designation of that section as subsection (1),  
(b) in subsection (1), by the substitution of “Subject to subsection 
(2), it is not an infringement of the rights conferred by this Part 
for” for “It is not an infringement of the rights conferred by this 
Part for”, and  
(c) by the insertion of the following subsections after subsection 
(1): 
 “(2) Subsection (1) shall apply on condition 
that such use takes place – 
(a) under the authority of an 
educational establishment, on its 
premises or at other venues, or 
through a secure electronic 
environment access to which is 8  [567] 
 
limited to an educational 
establishment's teaching staff and 
to pupils or students enrolled in a 
study programme, in particular 
through appropriate authentication 
procedures including password -
based authentication, and  
(b) is accompanied by an indication 
of the source, including the 
author’s name, unless this turns 
out to be impossible.  
 (3) The exceptions and limitations provided 
for under this section shall only be applied in certain 
special cases  which do not conflict with a normal 
exploitation of the work or other subject matter and do 
not unreasonably prejudice the legitimate interests of the 
rightholder.  
 (4) Where a beneficiary of an exception or 
limitation under this section has legal access to the 
relevant protected work or subject matter, the relevant 
author or performer shall ensure that that beneficiary has 
the means of benefiting from that exception or limitation 
to the extent necessary to do so.  
 (5) Any contractual provisions con trary to 
this section shall be unenforceable.”.  
(2) Section 225C of the Act of 2000 is amended – 
(a) in subsection (1), by the substitution of “Subject to subsections 
(2), (3) and (4)” for “Subject to subsections (2) and (3)”, and  
(b) by the insertion of t he following subsections after subsection 
(3): 
 “(4) Subsection (1) shall apply on condition 
that such use takes place – 
(a) under the authority of an 
educational establishment, on its 
premises or at other venues, or 
through a secure electronic 
environment  access to which is 
limited to an educational 
establishment's teaching staff and 
to pupils or students enrolled in a 
study programme, in particular 
through appropriate authentication 
procedures including password -
based authentication , and  
(b) is accompanie d by an indication 
of the source, including the [567]  9 
 
author’s name, unless this turns 
out to be impossible.  
 (5) The exceptions and limitations provided 
for under this section shall only be applied in certain 
special cases which do not conflict with a normal 
exploitation of the work or other subject matter and do 
not unreasonably prejudice the legitimate interests of the 
rightholder.  
 (6) Where a beneficiary of an exception or 
limitation under this section has legal access to the 
relevant protected work or subje ct matter, the relevant 
author or performer shall ensure that that beneficiary has 
the means of benefiting from that exception or limitation 
to the extent necessary to do so.  
 (7) Any contractual provisions contrary to 
this section shall be unenforceable.” . 
 
Amendment of Act of 2000  
6. The Act of 2000 is amended – 
(a) in section 57, by the insertion of the following subsection after 
subsection (4):  
 “(5) Any contractual provisions contrary to 
this section shall be unenforceable.”,  
and 
(b) in section 68A, by  the insertion of the following subsection after 
subsection (2):  
 “(3) Any contractual provisions contrary to 
this section shall be unenforceable.”.  
  10  [567] 
 
PART 3  
 
MEASURES TO IMPROVE LICENSING PRACTICES AND ENSURE 
WIDER ACCESS TO CONTENT  
 
Out-of-commerce works and other subject matter  
 
Amendment of section 2 of Act of 2000  
7. The Act of 2000 is amended by the insertion of the following 
definitions in section 2:  
 
“ ‘collective management organisation’ has the same meaning as it has 
in the Eu ropean Union (Collective Rights Management) (Directive 
2014/26/EU) Regulations 2016 (SI. No. 156 of 2016);  
 
‘cultural heritage institution’ has the meaning assigned to it in the 
European Union (Copyright and Related Rights in the Digital Single 
Market) Reg ulations 2021 (S.I. No. 567 of 2021);  
 
‘out-of-commerce work’ means a work where it can be presumed in 
good faith that the whole work or other subject matter is not available 
to the public through customary channels of commerce, after a 
reasonable effort h as been made to determine whether it is available to 
the public;”.  
 
Use of out -of-commerce works and other subject matter by cultural 
heritage institutions under licenses with collective management 
organisations  
8. (1) A collective management organisation may, in accordance with its 
mandates from rightholders, conclude a non -exclusive licence for non -
commercial purposes with a cultural heritage institution for the reproduction, 
distribution, communication to the public or making available to th e public of 
out-of-commerce works or other subject matter that are permanently in the 
collection of the said cultural heritage institution, irrespective of whether all 
rightholders covered by the licence have so mandated the collective 
management organisat ion, if and only if – 
(a) the collective management organisation is, on the basis of its 
mandates, sufficiently representative of rightholders in the 
relevant type of works or other subject matter and of the rights 
that are the subject of the licence, and  
 [567]  11 
 
(b) all rightholders are guaranteed equal treatment in relation to the 
terms of the licence.  
(2) A member of a collective management organisation may exclude his or 
her work or other subject matter from the licensing mechanism set out in 
paragraph (1) at any time by notifying the collective management organisation 
by electronic or other means and by including the following in the notice:  
(a) notification that the owner is asserting his or her right pursuant 
to this Regulation;  
(b) sufficient details of the  work or other subject matter to enable it 
to be identified and removed from public display.  
(3) Within 2 weeks of receiving a written request in relation to a particular 
work or other subject matter in accordance with paragraph (2), a collective 
managemen t organisation shall, by electronic or other means, notify the 
cultural heritage institution with whom it has concluded a license under 
paragraph (1) of the request and shall forward that request to the institution 
concerned.  
(4) A cultural heritage instit ution that receives a notification and a 
forwarded written request in accordance with paragraph (3) shall terminate its 
use of the work or other subject matter referred to in that written request within 
4 weeks of receiving it.  
(5) Upon receipt of a writte n request in relation to a particular work or 
other subject -matter in accordance with paragraph (2), the collective 
management organisation shall cease to issue new licenses under paragraph (1) 
in relation to that work or other subject matter.  
(6) A member  of a collective management organisation who chooses to 
exclude the use of his or her work or other subject matter in accordance with 
paragraph (2) shall still be entitled to claim remuneration for the actual use of 
the work or other subject matter under t he relevant license.  
(7) A collective management organisation shall ensure that its members 
receive relevant and comprehensive information on a regular basis, at least 
once a year, on their rights under these Regulations.  
(8) (a) Subject to subparagraph (b), this Regulation shall not apply to 
sets of out -of-commerce works or other subject matter if, on the 
basis of the reasonable effort referred to in paragraph (9), there 
is evidence that such sets predominantly consist of – 
(i) works or othe r subject matter, other than cinematographic 
or audiovisual works, first published or, in the absence of 
publication, first broadcast in a third country,  
(ii) cinematographic or audiovisual works, of which the 
producers have their headquarters or habitual residence in 
a third country, or  
(iii) works or other subject matter of third country nationals, 
where after a reasonable effort no Member State or third 
country could be determined pursuant to clauses (i) and 
(ii). 12  [567] 
 
(b) Notwithstanding subparagraph (a), th is Regulation shall apply 
where the collective management organisation is sufficiently 
representative in accordance with paragraph (1)(a) of 
rightholders in the relevant third country.  
(9) At least 6 months before the work or other subject matter licensed 
under paragraph (1) is distributed, communicated to the public or made 
available to the public, cultural heritage institutions, collective management 
organisations and library authorities within the meaning of section 32 of the 
Local Government Act 1994 (A ct No.8 of 1994) shall provide the following 
information on the Out -of-Commerce Works Portal established by the 
European Union Intellectual Property Office under the Directive:  
(a) the title, where possible, the author, and a brief summary of the 
contents of an out -of-commerce work that is proposed to be the 
subject of a license under paragraph (1);  
(b) the information about the options available to rightholders under 
this Regulation;  
(c) as soon as it is available and where relevant, information on the 
parties to the licence, the territories covered and the uses 
authorised under the license.  
(10) In this Regulation – 
 
“mandate” means the manner of authorisation by law or by way of assignment, 
license or any other contractual arrangement to manage copyright or related 
rights;  
 
“member” has the same meaning as it has in the Regulations of 2016;  
 
“rightholder” has the same meaning as it has in the Regulations of 2016.  
 
Use of out -of-commerce works and other subject matter by cultural 
heritage institutions where no collective management organisation exists  
9. (1) The Act of 2000 is amended by the insertion of the following 
section after section 58:  
“Cultural Heritage Institutions  
58A.  (1) It is not an infringement of the rights conferred 
by this  Part for a cultural heritage institution to make available, 
for non -commercial purposes, out -of-commerce works or other 
subject matter that are permanently in its collections, where – 
(a) no collective management organisation 
exists that fulfils the condi tions set out in 
Regulation 8(1)(a) of the European Union 
(Copyright and Related Rights in the 
Digital Single Market) Regulations 2021 [567]  13 
 
(S.I. No. 567 of 2021) in relation to that 
database right,  
(b) it is accompanied by sufficient 
acknowledgment, and  
(c) such work is only made available on non -
commercial websites.  
 (2) A copyright owner under this Part may exclude 
his or her work from the use referred to in subsection (1) at any 
time by notifying the relevant cultural heritage institution by 
electronic or ot her means and by including the following in the 
notice – 
(a) notification that the owner is asserting his 
or her right pursuant to this section;  
(b) sufficient details of the work to enable it 
to be identified and removed from public 
display.  
 (3) Upon rec eipt of a written request in accordance 
with subsection (2), a cultural heritage institution shall terminate 
its use of the work or works referred to in that written request 
within 4 weeks of receiving it.  
 (4) This section shall not apply to sets of out -of-
commerce works or other subject matter if, on the basis of the 
reasonable effort referred to in subsection (5), there is evidence 
that such sets predominantly consist of – 
(a) works, other than cinematographic or 
audiovisual works, first published or, in 
the absence of publication, first broadcast 
in a third country,  
(b) cinematographic or audiovisual works, of 
which the producers have their 
headquarters or habitual residence in a 
third country, or  
(c) works of third country nationals, whe re 
after a reasonable effort no Member State 
or third country could be determined 
pursuant to paragraphs (a) and (b).  
 (5) At least 6 months before the work used under 
subsection (1) is distributed, communicated to the public or 
made available to the publi c, cultural heritage institutions, 
collective management organisations and library authorities, 
within the meaning of section 32 of the Local Government Act 
1994, shall provide the following information on the Out -of-
Commerce Works Portal established by th e European Union 
Intellectual Property Office:  14  [567] 
 
(a) the title, where possible, the author, and a 
brief summary of the contents of  the out -
of-commerce work that is proposed to be 
used in accordance with subsection (1);  
(b) the information about the options 
available to rightholders under this 
section;  
(c) as soon as it is available and where 
relevant, information on the parties to the 
licence, the territories covered and the 
uses authorised under the license.  
 (6) For the purposes of subsection (1), a work m ay 
be considered to be permanently in the collections of a cultural 
heritage institution where it is owned or permanently held by 
that institution, including as a result of a transfer of ownership 
or a licence agreement, legal deposit obligations or perman ent 
custody arrangements.”.  
 
(2) The Act of 2000 is amended by the insertion of the following section 
after section 82:  
“Cultural Heritage Institutions – computer programs  
82A.  (1) It is not an infringement of the copyright in a 
computer program for a cultural heritage institution to make 
available, for non -commercial purposes, out -of-commerce 
works that are permanently in its collections, where – 
(a) no collective management organisation 
exists that fulfils the conditions set out in 
Regulation 8(1)(a) of the European Union 
(Copyright and Related Rights in the 
Digital Single Market) Regulations 2021 
in relation to that computer program 
right,  
(b) it is accompanied by sufficient 
acknowledgment, and  
(c) such work is only made available on non -
commercial we bsites.  
 (2) An owner of copyright in a computer program 
may exclude his or her work from the use referred to in 
subsection (1) at any time by notifying the relevant cultural 
heritage institution by electronic or other means and by 
including the following in the notice:  
(a) notification that the owner is asserting his 
or her right pursuant to this section;  [567]  15 
 
(b) sufficient details of the work to enable it 
to be identified and removed from public 
display.  
 (3) Upon receipt of a written request in accordance 
with subsection (2), a cultural heritage institution shall terminate 
its use of the work or works referred to in that written request 
within 4 weeks of receiving it.  
 (4) This section shall not apply to sets of out -of-
commerce works or other sub ject matter if, on the basis of the 
reasonable effort referred to in subsection (5), there is evidence 
that such sets predominantly consist of – 
(a) works, other than cinematographic or 
audiovisual works, first published or, in 
the absence of publication, first broadcast 
in a third country,  
(b) cinematographic or audiovisual works, of 
which the producers have their 
headquarters or habitual residence in a 
third country, or  
(c) works of third country nationals, where 
after a reasonable effort no Member State 
or third country could be determined 
pursuant to paragraphs (a) and (b).  
 (5) At least 6 months before the work used under 
subsection (1) is distributed, communicated to the public or 
made available to the public, cultural heritage institutions, 
collective  management organisations and library authorities, 
within the meaning of section 32 of the Local Government Act 
1994, shall provide the following information on the Out -of-
Commerce Works Portal established by the European Union 
Intellectual Property Office : 
(a) the title, where possible, the author, and a 
brief summary of the contents of  the out -
of-commerce work that is proposed to be 
used in accordance with subsection (1);  
(b) the information about the options 
available to rightholders under this 
section;  
(c) as soon as it is available and where 
relevant, information on the parties to the 
licence, the territories covered and the 
uses authorised under the license.  
 (6) For the purposes of subsection (1), a work can be 
considered to be permanently in the col lections of a cultural 
heritage institution where it is owned or permanently held by 
that institution, for example as a result of a transfer of 16  [567] 
 
ownership or a licence agreement, legal deposit obligations or 
permanent custody arrangements.”.  
 
(3) The Act of  2000 is amended by the insertion of the following section 
after section 330:  
“Cultural Heritage Institutions – databases  
330A.  (1) The database right in a database is not infringed 
by a cultural heritage institution making available, for non -
commercial pu rposes, out -of-commerce works or other subject 
matter that are permanently in its collections, where – 
(a) no collective management organisation 
exists that fulfils the conditions set out in 
Regulation 8(1)(a) of the European Union 
(Copyright and Related R ights in the 
Digital Single Market) Regulations 2021 
in relation to that database right,  
(b) it is accompanied by sufficient 
acknowledgment, and  
(c) such work is only made available on non -
commercial websites.  
 (2) The owner of a database right may exclude  his or 
her work from the use referred to in subsection (1) at any time 
by notifying the relevant cultural heritage institution by 
electronic or other means and by including the following in the 
notice:  
(a) notification that the owner is asserting his 
or her right pursuant to this section;  
(b) sufficient details of the work to enable it 
to be identified and removed from public 
display.  
 (3) Upon receipt of a written request in accordance 
with subsection (2), a cultural heritage institution shall terminate 
its use of the work or works referred to in that written request 
within 4 weeks of receiving it.  
 (4) This section shall not apply to sets of out -of-
commerce works or other subject matter if, on the basis of the 
reasonable effort referred to in subsection (5), there is evidence 
that such sets predominantly consist of – 
(a) works, other than cinematographic or 
audiovisual works, first published or, in 
the absence of publication, first broadcast 
in a third country , 
(b) cinematographic or audiovisual works, of  
which the producers have their [567]  17 
 
headquarters or habitual residence in a 
third country, or  
(c) works of third country nationals, where 
after a reasonable effort no Member State 
or third country could be determined 
pursuant to paragraphs (a) and (b).  
 (5) At least 6 months before the work used under 
subsection (1) is distributed, communicated to the public or 
made available to the public, cultural heritage institutions, 
collective management organisations and library authorities, 
within the meaning of section  32 of the Local Government Act 
1994, shall provide the following information on the Out -of-
Commerce Works Portal established by the European Union 
Intellectual Property Office:  
(a) the title, where possible, the author, and a brief 
summary of the contents  of  the out -of-commerce 
work that is proposed to be used in accordance 
with subsection (1),  
(b) the information about the options available to 
rightholders under this section, and  
(c) as soon as it is available and where relevant, 
information on the parti es to the licence, the 
territories covered and the uses authorised under 
the license.  
 (6) For the purposes of subsection (1), a work can be 
considered to be permanently in the collections of a cultural 
heritage institution where it is owned or permanently  held by 
that institution, for example as a result of a transfer of 
ownership or a licence agreement, legal deposit obligations or 
permanent custody arrangements.”.  
 
Cross -border users  
10. (1) Licences granted in accordance with Regulation 8 may allow the 
use of out -of-commerce works or other subject matter by cultural heritage 
institutions in any Member State.  
(2) The uses of works and other subject matter under the exception 
provided for in Regulation 9 by a cultural heritage institution established in the 
State shall be deemed to occur solely in the State.  
 
Additional publicity measures  
11. In addition to the information required under Regulation 8(9) and 
sections 58A(5), 82A(5) and 330A(5) of the Act of 2000, additional 
information regar ding the ability of collective management organisations to 
license works or other subject matter and the options available to rightholders 18  [567] 
 
under Regulation 8 and sections 58A, 82A and 330A of the Act of 2000 shall 
be provided through a website maintained b y the Minister or the Government.  
 
Access to and availability of audio -visual works on video -on-demand 
platforms  
 
Negotiation mechanism  
12. When seeking to conclude an agreement for the purpose of making 
available audiovisual works on video -on-demand servi ces, parties facing 
difficulties related to the licensing of rights may engage in mediation within the 
meaning of the Mediation Act 2017 (No. 27 of 2017) and any mediator so 
engaged shall provide assistance to the parties with their negotiations and help 
the parties reach agreements, including, where appropriate and at the request of 
the parties, by submitting proposals to them.  
 
PART 4  
 
MEASURES TO ACHIEVE WELL -FUNCTIONING MARKETPLACE 
FOR COPYRIGHT  
 
Rights in publications  
 
Protection of press publications concerning online uses  
13. (1) Subject to Regulations 14 to 17, the rights provided for in sections 
37, 39 and 40 of the Act of 2000 shall apply to publishers of press publications 
established in the State for the online use of their press publications by 
information society service providers, but shall not apply in relation to – 
(a) private or non -commercial uses of press publications by 
individual users,  
(b) acts of hyperlinking, or  
(c) the use of individual words or very short extracts of a press 
publication.  
 
(2) The rights provided for in paragraph (1) shall – 
(a) in no way affect the rights of authors and other rightholders 
provided for in European Union law, in respect of works or 
other subject matter incorporated in a press publication, and  
(b) shall not be invoked against those authors and other rightholders 
and, in particular, shall not deprive them of their right to exploit 
their works or other subject matter independently from the press 
publication in which they are incorporated.  [567]  19 
 
 
(3) When a work or other subject matter is incorporated in a press 
publication on the basis of a non -exclusive licence, the rights provided for in 
paragraph (1) shall not be invoked to prohibit – 
(a) the use by other authorised users, or  
(b) the use of works or oth er subject matter for which protection has 
expired.  
(4) Sections 51 to 55 of the Act of 2000, the European Communities (Legal 
Protection of Computer Programs) Regulations (S.I. No. 26 of 1993), the 
Regulations of 2016, the European Union (Certain Permitted  Uses of Orphan 
Works) Regulations 2014 (S.I. No. 490 of 2014) and the European Union 
(Marrakesh Treaty) Regulations 2018 (S.I. No 412 of 2018) shall apply mutatis 
mutandis in respect of the rights provided for in paragraph (1).  
(5) The rights provided for  in paragraph (1) shall expire 2 years after the 
press publication is published and that term shall be calculated from the 1st day 
of January of the year following the date on which that press publication is 
published.  
(6) Paragraph (5) shall not apply to press publications first published before 
the 6th day of June 2019.  
(7) Authors of works incorporated in a press publication shall receive an 
appropriate share of the revenues that press publishers receive for the use of 
their press publications by information society service providers.  
(8) Without prejudice to judicial remedies, disputes under this Regulation 
may be submitted to a mediator in accordance with the Mediation Act 2017.  
 
Exception from right in publication for text and da ta mining for research  
14. (1) There shall be an exception from the rights provided for under 
Regulation 13 for reproductions and extractions made by research 
organisations and cultural heritage institutions in order to carry out, for the 
purposes of scientific research, text and data mining of works or other subject 
matter to which they have lawful access.  
(2) A copy of a work or other subject matter made in compliance with 
paragraph (1) shall be stored in a secure manner appropriate to the nature of the 
work or other subject matter concerned and may be retained for the purposes of 
scientific research, including for the purposes of the verification of research 
results.  
(3) In order to ensure that a copy of a work or other subject matter is stored 
with an appropriate level of security in accordance with paragraph (2), the 
person responsible for the security and integrity of the networks and databases 
where the copy is hosted (in this Regulation referred to as “the responsible 
person”) shall ensure that o nly persons who have lawful access to the data 
contained in that copy shall be permitted to access those data, including 
through IP address validation or user authentication.  20  [567] 
 
(4) Where a copy of a work or other subject matter is made in compliance 
with par agraph (1), a rightholder, in order to satisfy himself or herself of the 
security and integrity of the networks and databases where the copy is hosted, 
shall – 
(a) be informed of the making of the copy,  
(b) be entitled to request information on the steps t aken by the 
responsible person to comply with paragraph (3), and  
(c) be entitled to a response as soon as practicable where he or she 
requests any additional security measures.  
 
Exception from right in publication for text and data mining for 
commercial pu rposes  
15. (1) Notwithstanding Regulation 13, if a press publication has not 
expressly reserved in an appropriate manner, in accordance with paragraph (3), 
the use of a work or other subject matter for reproduction or extraction for the 
purposes of text an d data mining a person who has lawful access to it but does 
not fall within the scope of Regulation 14(1), may reproduce it for the purposes 
of text and data mining.  
(2) Reproductions and extractions made pursuant to paragraph (1) may be 
retained for as lo ng as is necessary for the purposes of text and data mining.  
(3) For the purposes of paragraph (1), an author reserves the use of a work 
or other subject matter for reproduction or extraction for the purposes of text 
and data mining in an appropriate manne r where the reservation concerned – 
(a) is machine -readable in the case of content made publicly 
available online, including metadata and terms and conditions of 
a website or a service, and  
(b) in case of content not made publicly available online, is clea rly 
communicated to all persons who have lawful access to it. 
 
Exception from right in publication for digital use of works or other 
subject matter for illustration for teaching  
16. There shall be an exception from the rights provided for under 
Regulation 13 in order to allow the digital use of works or other subject matter 
for the sole purpose of illustration for teaching, to the extent justified by the 
non-commercial purpose to be achieved, on condition that such use – 
(a) takes place under the authority of an educational establishment, 
on its premises or at other venues, or through a secure electronic 
environment access to which is limited to an educational 
establishment's teaching staff and to pupils or students enrolled 
in a study programme, in particul ar through appropriate 
authentication procedures including password -based 
authentication, and  
(b) is accompanied by an indication of the source, including the 
author's name, unless this turns out to be impossible.  [567]  21 
 
 
Exception from right in publication for cultural heritage institutions  
17. (1) Notwithstanding Regulation 13, a cultural heritage institution may 
make available, for non -commercial purposes, out -of-commerce works or other 
subject matter that are permanently in its collections, wh ere – 
(a) no collective management organisation exists that fulfils the 
conditions set out in Regulation 8(1)(a) in relation to that 
database right,  
(b) the name of the author or other identifiable rightholder is 
indicated, unless this turns out to be impo ssible, and  
(c) such work or other subject matter is only made available on non -
commercial websites.  
(2) A press publication may exclude its work or other subject matter from 
the use referred to in paragraph (1) at any time by notifying the relevant 
cultur al heritage institution by electronic or other means and by including the 
following in the notice:  
(a) notification that the owner is asserting his or her right pursuant 
to this Regulation;  
(b) sufficient details of the work or other subject matter to enab le it 
to be identified and removed from public display.  
(3) Upon receipt of a written request in accordance with paragraph (2), a 
cultural heritage institution shall terminate its use of the work or other subject 
matter referred to in that written request within 4 weeks of receiving it.  
(4) This Regulation shall not apply to sets of out -of-commerce works or 
other subject matter if, on the basis of the reasonable effort referred to in 
paragraph (5), there is evidence that such sets predominantly consist of – 
(a) works or other subject matter, other than cinematographic or 
audiovisual works, first published or, in the absence of 
publication, first broadcast in a third country,  
(b) cinematographic or audiovisual works, of which the producers 
have their headquar ters or habitual residence in a third country, 
or 
(c) works or other subject matter of third country nationals, where 
after a reasonable effort no Member State or third country could 
be determined pursuant to paragraphs (a) and (b).  
(5) At least 6 months b efore the work or other subject matter used under 
paragraph (1) is distributed, communicated to the public or made available to 
the public, cultural heritage institutions, collective management organisations 
and library authorities, within the meaning of s ection 32 of the Local 
Government Act 1994, shall provide the following information on the Out -of-
Commerce Works Portal established by the European Union Intellectual 
Property Office:  22  [567] 
 
(a) the title, where possible, the author, and a brief summary of the 
contents of  the out -of-commerce work that is proposed to be 
used in accordance with paragraph (1);  
(b) the information about the options available to rightholders under 
this Regulation;  
(c) as soon as it is available and where relevant, information on the 
parties to the licence, the territories covered and the uses 
authorised under the license.  
 
PART 5  
 
CERTAIN USES OF PROTECTED CONTENT BY ONLINE SERVICES  
 
Definition for purposes of Part 5  
18. In this Part, “online content -sharing service provider” means a provider 
of an information society service of which the main or one of the main 
purposes is to store and give the public access to a large amount of copyright -
protected works or other protected subject matter uploaded by its users, which 
it organis es and promotes for profit -making purposes, and does not include 
providers of services, including (but not limited to) the following:  
(a) not-for-profit online encyclopedias;  
(b) not-for-profit educational and scientific repositories;  
(c) open source software -developing and -sharing platforms;  
(d) providers of electronic communications services within the 
meaning of Directive 2018/1972, of the European Parliament 
and of the Council of 11 December 2018 establishing the 
European Electronic Communications Code2; 
(e) online marketplaces, business -to-business cloud services and 
cloud services that allow users to upload content for their own 
use. 
 
Use of protected content by online content -sharing service providers  
19. (1) An online content -sharing service pr ovider performs an act of 
communication to the public or an act of making available to the public for the 
purposes of these Regulations when it gives the public access to copyright -
protected works or other protected subject matter uploaded by its users.  
(2) An online content -sharing service provider shall not perform an act 
described in paragraph (1) without first obtaining an authorisation from the 
rightholders referred to in sections 37 and 40 of the Act of 2000 and such 
 
2 OJ L 321 17.12.2018, p.36  [567]  23 
 
authorisation may be obtained by m eans such as by concluding a licensing 
agreement where those rightholders are willing to do so.  
(3) Where an online content -sharing service provider obtains an 
authorisation under paragraph (2), that authorisation shall also cover acts 
carried out by users  of the services falling within the scope of sections 37 and 
40 of the Act of 2000 when those users are not acting on a commercial basis or 
where their activity does not generate significant revenues.  
(4) (a) When an online content -sharing service provider performs an 
act described in paragraph (1) in accordance with these 
Regulations, the limitation of liability established in section 40 
of the Act of 2000 shall not apply to the situations covered by 
this Regulation.  
(b) Subparagraph (a) shall not affect the application of section 40 of 
the Act of 2000 to those service providers for purposes falling 
outside the scope of these Regulations.  
 
Liability of online content -sharing service providers where no 
authorisation obtained  
20. (1) Subject to paragr aphs (2) to (6), if no authorisation is granted, 
an online content -sharing service provider shall be liable for unauthorised acts 
of communication to the public, including making available to the public, of 
copyright -protected works and other subject matte r, unless the service 
providers can demonstrate that they have – 
(a) made best efforts to obtain an authorisation,  
(b) made, in accordance with high industry standards of 
professional diligence, best efforts to ensure the unavailability of 
specific works a nd other subject matter for which the 
rightholders have provided the service providers with the 
relevant and necessary information, and  
(c) in any event, acted expeditiously, upon receiving a sufficiently 
substantiated notice from the rightholders, to disa ble access to, 
or to remove from their websites, the notified works or other 
subject matter, and made best efforts to prevent their future 
uploads in accordance with subparagraph (b).  
(2) In determining whether the service provider has complied with its 
obligations under paragraph (1), and in light of the principle of proportionality, 
the following matters (but not limited to those matters) shall be taken into 
account:  
(a) the type, the audience and the size of the service and the type of 
work or other subj ect matter uploaded by the users of the 
service;  
(b) the availability of suitable and effective means and their cost for 
service providers.  24  [567] 
 
(3) A new online content -sharing service provider the services of which 
have been available to the public in the Eur opean Union for less than 3 years 
and which has an annual turnover below EUR 10 million, calculated in 
accordance with Commission Recommendation of 6 May 2003 concerning the 
definition of micro, small and medium sized enterprises 3, shall only be obliged 
to comply with subparagraph (a) of paragraph (2) and to act expeditiously, 
upon receiving a sufficiently substantiated notice, to disable access to the 
notified works or other subject matter or to remove those works or other 
subject matter from their websi tes. 
(4) Where the average number of monthly unique visitors of a new online 
content -sharing service provider exceeds 5 million, calculated on the basis of 
the previous calendar year, such a service provider shall also demonstrate that 
it has made best eff orts to prevent further uploads of the notified works and 
other subject matter for which the rightholders have provided relevant and 
necessary information.  
 
Removal of certain content and protection of freedom of expression  
21. (1) The cooperation between an online content -sharing service 
provider and a rightholder shall not result in the prevention of the availability 
of a work or other subject matter uploaded by users, which do not infringe 
copyright and related rights, including where  such a work or other subject 
matter is covered by an exception or limitation, including those specified in 
paragraph (2).  
(2) A user in the State may rely on the existing exceptions or limitations 
provided for by or under Parts II and III of the Act of 20 00 when uploading and 
making available content on online content -sharing services.  
(3) The application of this Part shall not be construed as imposing any 
general monitoring obligation.  
 
Transparency obligations of online content -sharing service providers  
22. (1) An online content -sharing service provider shall provide a 
rightholder, at his or her request, with adequate information on the functioning 
of its practices with regard to the cooperation referred to in Regulation 21.  
(2) Subject to paragraph (4), where a licensing agreement is concluded 
between a service provider and a rightholder, an online content -sharing service 
provider shall provide a rightholder, at his or her request, with sufficiently 
specific information on the use of content covered by th e agreement to provide 
enough transparency to rightholders without affecting the business secrets of 
the online content -sharing service provider.  
(3) The information referred to in paragraph (2) shall include – 
(a) data on the exploitation of the righthold ers’ works, and  
(b) data on the revenues generated by the online content -sharing 
service provider.  
 
3 OJ No. L124 20.05.2003, p.36  [567]  25 
 
(4) Notwithstanding paragraph (2), an online content -sharing service 
provider is not required to provide detailed and individualised information on 
each work  unless this is provided for in a contractual agreement.  
 
Effective and expeditious complaint and redress mechanism  
23. (1) An online content -sharing service provider shall put in place an 
effective and expeditious complaint and redress mechanism that is av ailable to 
users of its services in the event of disputes over the disabling of access to, or 
the removal of, works or other subject matter uploaded by it.  
(2) Where a rightholder requests to have access to his or her specific work 
or other subject matter disabled or to have that work or other subject matter 
removed, in accordance with paragraph (1), he or she shall state the reasons for 
the request.  
(3) Complaints submitted under the mechanism provided for under 
paragraph (1) shall be processed without und ue delay, and decisions to disable 
access to or remove uploaded content shall be subject to human review.  
(4) An online content -sharing service provider shall, in its terms and 
conditions, inform its users that they can use works and other subject matter 
under exceptions or limitations to copyright and related rights provided for in 
European Union law.  
 
Out-of-court dispute settlement  
24. Without prejudice to judicial remedies, disputes under this Part may be 
submitted – 
(a) to a mediator in accordance with the Mediation Act 2017, or  
(b) where appropriate, to an arbitrator in accordance with the 
Arbitration Act 2010 (No. 1 of 2010).  
  26  [567] 
 
PART 6  
 
FAIR REMUNERATION IN EXPLOITATION OF CONTRACTS OF 
AUTHORS AND PERFORMERS  
 
Application of Part 6  
25. This Part shall not apply to authors of a computer program within the 
meaning of the Act of 2000.  
 
Principle of appropriate and proportionate remuneration  
26. (1) Where an author or a performer licenses or transfers his or her 
exclusive rights for the exploi tation of his or her works or other subject matter, 
he or she shall be entitled to receive appropriate and proportionate 
remuneration.  
(2) Remuneration under Paragraph (1) shall be considered appropriate and 
proportionate where it is proportionate to the actual or potential economic 
value of the licensed or transferred rights, taking into account the author's or 
performer's contribution to the overall work or other subject matter and all 
other circumstances of the case, such as market practices or the actual 
exploitation of the work or other subject matter, including, where applicable, 
merchandising revenues.  
 
Transparency obligation  
27. (1) A party to whom an author or performer has licensed or transferred 
his or her rights or his or h er successor in title (in this Regulation referred to as 
a “first contractual counterpart”), shall, at least once each year provide the 
author or performer with – 
(a) a clear, detailed description of how any work or performance the 
subject of that license or transfer has been exploited worldwide 
during the relevant period,  
(b) an itemised list of the euro value of all copyright revenues 
generated worldwide during the relevant period, including, 
where applicable, merchandising revenues, and  
(c) notif ication of the author or performer’s rights under this 
Regulation.  
(2) Upon receipt of a request from an author or performer for the name and 
business address of a sub -licensee for the purposes of making a request under 
paragraph (3), a contractual counter part shall, as soon as practicable after 
receipt of the request, supply that information by electronic or other means to 
the author or performer.  
(3) A sub -licensee who receives a request from an author or performer for 
additional details that are required  to be provided under paragraph (1) shall, as [567]  27 
 
soon as practicable after receipt of the request, provide those additional details 
by electronic or other means.  
(4) A first contractual counterpart who receives a request for additional 
details that are requir ed to be provided under paragraph (1) shall, as soon as 
practicable after receipt of the request, forward that request to the sub -licensee 
by electronic or other means.  
(5) A sub -licensee who receives a forwarded request in accordance with 
paragraph (4) sh all, as soon as practicable after receipt of the request, supply 
the additional details to the first contractual counterpart by electronic or other 
means.  
(6) A first contractual counterpart who receives a response from a sub -
licensee in accordance with pa ragraph (5) shall, as soon as practicable after 
receipt of the response, forward that response by electronic or other means.  
(7) Any agreement between an author or a performer and his or her 
contractual counterpart to keep information shared under this Reg ulation 
confidential shall not affect the right of an author or a performer to use the 
shared information to exercise his or her rights under these Regulations.  
(8) Where Chapter 5 of the Regulations of 2016 is applicable, the 
obligation set out in paragra ph (1) shall not apply in respect of agreements 
concluded by the following:  
(a) entities (within the meaning of Regulation 2 of those 
Regulations);  
(b) by other entities subject to those Regulations.  
(9) Without prejudice to judicial remedies, disputes und er this Regulation 
may be submitted to – 
(a) a mediator in accordance with the Mediation Act 2017 or,  
(b) where appropriate, to an arbitrator in accordance with the 
Arbitration Act 2010.  
 
Contract adjustment mechanism  
28. (1) An author or a performer or his or her representative may claim 
additional, appropriate and fair remuneration from the party with whom he or 
she entered into a contract for the exploitation of his or her rights in a work or 
performance, or from the successors in title of  such party, when the 
remuneration originally agreed turns out to be disproportionately low 
compared to all the subsequent relevant revenues derived from the exploitation 
of the work or performance.  
(2) Paragraph (1) shall not apply to agreements concluded  by collective 
management organisations and independent management entities (within the 
meaning of Regulation 2 of the Regulations of 2016) or by other entities that 
are already subject to those Regulations.  
(3) The assessment of a claim made under paragra ph (1) as to whether the 
remuneration originally agreed turns out to be disproportionately low shall take 
account of the following matters:  28  [567] 
 
(a) all revenues relevant to the rights at issue, including, where 
applicable, merchandising revenues;  
(b) the speci fic circumstances of each case, including the 
contribution of the author or performer;  
(c) the specificities and remuneration practices in the different 
content sectors;  
(d) whether the contract is based on a collective bargaining 
agreement.  
(4) Where an a uthor or performer makes a claim under paragraph (1) by 
electronic or other means, the party with whom that author or performer has 
entered into a contract shall provide a written response addressing the 
substance of the claim within one month of receiving  that written claim.  
(5) Without prejudice to judicial remedies, disputes under this Regulation 
may be submitted to a mediator in accordance with the Mediation Act 2017 or, 
where appropriate, to an arbitrator in accordance with the Arbitration Act 2010.  
 
Right of revocation  
29. (1) Where an author or a performer has licensed or transferred his or 
her rights in a work or other protected subject matter on an exclusive basis, the 
author or performer may revoke in whole or in part the licence or the transfer 
of rights where there is no exploitation of that work or other protected subject 
matter.  
(2) The right of revocation provided for in paragraph (1) may only be 
exercised after a reasonable time following the conclusion of the licence or the 
transfer of the ri ghts.  
(3) The author or performer referred to in paragraph (1) – 
(a) shall notify the person to whom the rights have been licensed or 
transferred and set an appropriate deadline by which the 
exploitation of the licensed or transferred rights is to take pla ce, 
and 
(b) may, after the expiry of the deadline referred to in subparagraph 
(a), choose to terminate the exclusivity of the contract instead of 
revoking the licence or the transfer of the rights.  
(4) Paragraph (1) shall not apply if the lack of exploitat ion is 
predominantly due to circumstances that the author or the performer can 
reasonably be expected to remedy.  
  [567]  29 
 
PART 7  
 
LEGITIMATE USES, DATA PROCESSING AND COMMON AND 
TRANSITIONAL PROVISION  
 
Legitimate uses and data protection  
30 (1) These Regulations shall not affect legitimate uses, such as uses 
under exceptions provided for under the Act of 2000 or any other enactment, 
and shall not lead to any identification of individual users nor to the processing 
of personal data, except in accordance  with the following:  
(a) the European Communities (Electronic Communications 
Networks and Services) (Privacy and Electronic 
Communications) Regulations 2011 (S.I. 336 of 2011);  
(b) Regulation (EU) 2016/679 of the European Parliament and of 
the Council of 2 7 April 2016 on the protection of natural 
persons with regard to the processing of personal data and on the 
free movement of such data, and repealing Directive 95/46/EC 
(General Data Protection Regulation) (in this Regulation 
referred to as the “General Da ta Protection Regulation”)4. 
(2) For the purposes of  these Regulations, an online content -sharing service 
provider is designated as data controller in relation to personal data processed 
for the purposes of that Part.  
(3) The processing of personal data i n these Regulations shall be carried 
out in accordance with Article 6(1)(c) of the General Data Protection 
Regulation.  
(4) Personal data collected for the purposes of these Regulations shall not 
be retained for any period beyond which they are required for  the purposes of 
these Regulations, and shall be permanently deleted after they are no longer so 
required.  
 
Common Provision  
31. Any contractual provision that prevents compliance with Regulation 27 
or 28 shall be unenforceable in relation to authors and p erformers.  
 
Transitional provision  
32. Agreements for the licence or transfer of rights of authors and 
performers shall be subject to the transparency obligation set out in Regulation 
27 on and from the 7th day of June 2022.  
 
 
 
4 OJ No. L 119, 4.5.2016, p. 1.  30  [567] 
 
 
 
 
 
 
 
 
 
 
 GIVEN under my Official Seal,  
12 November,  2021 . 
 
LEO VARADKAR , 
Minister for Enterprise, Trade and Employment . 
  
[567]  31 
 
EXPLANATORY NOTE  
 
(This note is not part of the Instrument and does not purport to be a legal 
interpretation. ) 
 
These Regulations,  made pursuant to the European Communities Act 1972, 
transpose Directive 2019/790/EU of the European Parliament and of the 
Council of 17 April 2019. These Regulations also further amend the Copyright 
and Related Rights Act 2000 (as amended).  
 
These R egulati ons strengthen the rights and protections afforded to various 
categories of rightholders  in order to reflect the impact of technological 
advances and increased digitisation . They also provide for wider access and use 
of copyright protected works to the pot ential benefit of the creative sectors, 
press publishers, researchers, educators, cultural heritage institutions, and 
citizens.  
  32  [567] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
BAILE ÁTHA CLIATH  
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CILL MHAIGHNEANN,  
BAILE ÁTHA CLIATH 8,  
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Teil: 046 942 3100  
r-phost: publications@opw.ie  
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