STATUTORY INSTRUMENTS . 
 
 
 
 
S.I. No. 277 of 20 20 
 
 
 
 
________________  
 
 
 
 
COPYRIGHT AND RELATED RIGHTS (CERTIFICATION OF 
LICENSING SCHEME FOR HIGHER EDUCATION INSTITUTIONS) (THE 
IRISH COPYRIGHT LICENSING AGENCY LIMITED) ORDER 2020  
 
  
2  [277] 
 
S.I. No. 277 of 2020 
 
COPYRIGHT AND RELATED RIGHTS (CERTIFICATION OF 
LICENSING SCHEME FOR HIGHER EDUCATION INSTITUTIONS) (THE 
IRISH COPYRIGHT LICENSING AGENCY LIMITED) ORDER 2020  
 
I, LEO VARADKAR , Minister for Business, Enterprise and Innovation, 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 the Copyright and Related Rights 
(Certification of Licensing Sche me for Higher Education Institutions) (The Irish 
Copyright Licensing Agency Limited) Order 2020.  
 
2. In this Order, “Act” means the Copyright and Related Rights Act 2000 
(No. 28 of 2000).  
 
3. The licensing scheme specified in the Schedule to this Order is certified 
for the purposes of section 57C of the Act.  
 
4. The certification under paragraph 3 above shall, for the purposes of 
section 57C of the Act, come into operation on the 25th day of September, 2020.  
Notice of the making of this Statutory Instrument was published in  
“Iris Oifigi úil” of 4th August , 2020. 
 [277]  3 
 
SCHEDULE  
 
Licensing Scheme for Higher E ducation Institutions operated by 
the Irish Copyright Licensing Agency Limited  
 
1. The Licensing Scheme operated by the Irish Copyright Licensing 
Agency Limited (ICLA) in respect of higher education institutions has been 
certified as a licensing scheme for th e purposes of section 57C of the Act.  
 
2.  Interpretation   
  
“Associated Still Images” means graphic or visual representations 
incorporated in a Work comprised mainly of literary text.   
  
“Authorised Persons” means all staff and students of the Licensee and all 
individuals who although not employed by the Licensee are engaged by 
it to provide teaching, research or consultancy services, and in relation to 
the Licensee’s Intranet or Virtual L earning Environment (VLE), persons, 
including Distance Learners authorised by the Licensee to use the same 
using a secure code, but excluding participants in MOOCs or equivalent 
courses. The term also includes another Educational Establishment 
holding a cu rrent educational licence from ICLA.   
  
“Copy” (used as a verb) means to reproduce, irrespective of the means 
employed. “Copy” (used as a noun) and “Copies” shall have a 
corresponding meaning.   
  
“Communicate” (used as a verb) means to make available to another, 
irrespective of the means employed. “Communication” (used as a noun) 
and “Communications” shall have a corresponding meaning.   
  
“Course of Study” means any whole course of study or any module or 
segment of a student’s studies which is regarded b y the Licensee as a 
discrete and self -contained unit for the purposes of examination or 
assessment.   
  
“Digital Copy” means an electronic copy of the whole, or part, of a Work.   
  
“Distance Learner” means a student on a Course of Study designed to be 
studied away from the Premises.   
  4  [277] 
 
“Education” means instruction, lectures, study, research, teaching or 
training carried out either in an Educational Establishment or given by 
persons acting under the authority of an Educational Establishment and 
includes a ll activities necessary or expedient or ancillary to such 
activities, including the display of Licensed Material, and ‘educational 
purposes’ shall be construed accordingly.   
  
“Educational Establishment” means any university to which the 
Universities Act 1997 (as amended) applies; any relevant provider within 
the meaning of Section 2 of the Qualifications and Quality Assurance 
(Education and Training) Act 2012 (as amended); and any other 
establishment so designated by a Minister of the Government under all  
relevant legislation including section 55 of the Act.    
  
“Excluded Works” means Works appearing on the List of Excluded 
Works published on the ICLA website www.icla.ie and updated from 
time to time.   
  
“Extract” means a part of a Work which does not ex ceed the proportion 
of the entire Work specified in clause 4(b) herein.   
  
“ICLA” means the Irish Copyright Licensing Agency Limited.  
 
“Illustration for Education” means Copying and/or Communicating 
Extracts of Licensed Material for the specific purpose o f supporting, 
enriching or complementing the delivery of Education.   
  
“Digital Repository” means a database or other information library or 
archive established by an Educational Establishment to assemble and 
provide access to digital resources in a syste matic and searchable 
manner.   
  
“Licence Certificate” means the certificate issued to the Licensee by 
ICLA, confirming the grant of a Licence, and specifying the duration of 
the Licence and the amount of the Licence Fee.   
 
“Licence Fee” means the fee specified in the Licence Certificate .   
  
“Licensed Copy” means a copy of Licensed Material made pursuant to 
the terms of this Licence.   
  [277]  5 
 
“Licensed Material” means Works in one of the following categories:   
(i) books, journals, magazines, newspapers and other 
serial publications available in print or digital form, 
including via the Internet, and Associated Still Images 
therein; and   
(ii) text and Associated Still Images of value for the 
educational purposes of the Licensee, found on 
websites, blogs and other platforms accessible via the 
Internet P ROVIDED the Copying and Communication 
of the material is not prohibited by the terms and 
conditions of use of the website, blog or platform and 
the use by the Licensee does not involve breaching a 
technological protection measure (such as a paywall) 
or oth er copyright infringement.   
 
“Licensee” means the Educational Establishment specified on the 
Licence Certificate in respect of which the Licence Fee has been paid.   
  
“Licensee’s Intranet” means the internal computer network operated by 
the Licensee and accessible only by Authorised Persons using a secure 
code.   
  
“MOOC” or “Massive Open Online Course” means a Course of Study 
made available to a very large number of students or with open access, 
via the Internet.   
  
“Moral Rights” means the right of the  creator of a Work to be identified 
as the author thereof and to protect the Work from distortion, mutilation 
or modification in a manner prejudicial to his or her reputation.   
  
“Premises” means the place specified in the Licence Certificate at which 
the Licensee carries o ut its activities.   
  
“Print Copy” means a reproduction of a Work or part thereof in hard copy 
on paper or other material.   
  
“Sufficient Acknowledgement” of a Work means naming both the author 
and the title of the Work unless this is impossible, including for the 
reason that the Work was made available anonymously. In the case of 
material accessed via the Internet it also means specifying, where the 
information is available, the name and Internet address of the website, 
blog or platform at which the material was located and the date on which 
it was extracted.   6  [277] 
 
“Teaching” means delivering Education.  
  
“Virtual Learning Environme nt (VLE)” means a web -based platform 
used by the Licensee to provide digital study facilities, accessible only 
by Authorised Persons using a secure code.   
 
“Work” means an individual published literary text or a visual or graphic 
representation protected by copyright. The term “Works” shall be 
construed accordingly.   
 
3. Grant of Licence   
 
Subject to these terms and conditions and upon issue of a Licence Certificate, 
ICLA grants the Licensee, exclusively for its Educational purposes, a Licence to 
Copy and C ommunicate Licensed Material to Authorised Persons, SUBJECT to 
the conditions specified in clause 4 below.   
 
4. Conditions of Licence   
  
The activities authorised by the Licence at clause 3 above are subject to the 
following conditions:   
(a) The Licence may only be exercised in relation to Works lawfully 
owned, held or accessed by the Licensee; this includes material 
lawfully accessed online but also the use of a work owned by the 
lecturer or tutor.  
(b) The Copying and Communication of any Wo rk during any one 
Course of Study shall not exceed an Extract or Extracts 
amounting to more than ten per cent (10%) of the Work, save that:   
(i) in the case of a book, a whole chapter may be Copied and 
Communicated;   
(ii) in the case of an article in a journal or  periodical, the whole 
article may be Copied and Communicated, but not more 
than one article in any one issue of the publication;   
(iii) 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 Copie d and Communicated;  
(iv) in the case of an Associated Still Image, the whole image 
may be Copied and Communicated, provided that the 
number of the same taken from any one publication 
(whether online o r offline) shall not exceed 10% of the 
entire number in such publication ; [277]  7 
 
(v) in the case of a Work not falling into any of the categories 
at (i) –(iv) above, or which is not divided into distinct 
sections, the Licensee shall ensure, as far as is reasonably 
practicable, that Copying and Communication are limited 
to Extr acts that are equivalent to the limits set out above . 
(c) The Licensee shall not Copy or Communicate Licensed Material 
for a purpose or to an extent that prejudices the interests of the 
copyright owner. In particular the Licensee may not make Copies 
of com plete Works, nor systematically copy parts of Works or of 
the same Works on different occasions or from different editions 
or places, so as to exceed the limits herein specified.   
(d) The Licensee shall not engage in any act amounting to re -
publication of  Licensed Material nor Communicate Licensed 
Material to persons not included in the definition of Authorised 
Persons. In particular, the Licensee shall not: post or permit the 
posting of Licensed Material on the Internet; provide Licensed 
Material for incl usion in open resources (such as electronic 
reserves, digital libraries or Institutional Repositories); or send 
Licensed Material by email or equivalent, directly or indirectly to 
anyone other than Authorised Persons.   
(e) All Copies and Communications of Licensed Material must carry 
a Sufficient Acknowledgement and copyright notice in a form 
approved by ICLA. This must be such that the Copy or 
Communication cannot be accessed and/or read without seeing 
the acknowledgement.   
(f) If the Licensee provides photocopying or scanning machines for 
use by Authorised Persons, a copyright notice in a form provided 
by ICLA must be placed on or adjacent to the machine so as to be 
clearly visible by the user of the machine.   
(g) The Lic ensee shall employ and maintain technical security 
measures sufficient to ensure that Licensed Material posted to the 
Licensee Intranet or Virtual Learning Environment (VLE), or 
otherwise Communicated to Authorised Persons in electronic 
form, is not expose d to an unwarranted risk of copyright 
infringement.   
(h) The Licensee may not sell, rent, or otherwise deal in Licensed 
Copies, save that Print Copies may be provided to Authorised 
Persons at a price set to recoup only the cost of production and 
not for p rofit.   
(i) The Licence does not cover the Copying or Communication of 
Excluded Works.   
(j) Licensed Copies may be supplied to Distance Learners wherever 
they are located  and Distance Learners may make a copy of a 
Licensed Copy in order to view it at a more convenient time. The 
Licence does not otherwise cover activities outside the State.   8  [277] 
 
(k) The Licence does not authorise any amendment, alteration or 
manipulation of Li censed Material. Alterations may however be 
made for pedagogic purposes, for example by blanking out parts, 
annotating or translating an extract from a Work, on condition 
that the author’s Moral Rights are respected, and it is made clear 
on the face of the  Copy that the original Work has been so altered.   
(l) When an Extract from Licensed Material is Copied in whole or in 
part onto a digital device pursuant to the terms of this Licence, 
the Licensee shall ensure that the extract is a verbatim copy of the 
Licensed Material and includes the Sufficient Acknowledgement 
and notice referred to in subclause (e) above.   
(m) The Licensee may retain both Print and Digital Copies of Works 
hereby licensed for so long as the same are relevant to the 
teaching of a Cours e of Study PROVIDED HOWEVER:  
(i) The Licensee shall not collect or store, or include the same 
in a Digital Repository or other information repository or 
resource . 
(ii) When a Course of Study is completed and if it is not likely 
to be repeated in a future teaching session, Digital Copies 
made under this Licence must be removed from the 
Licensee’s Intranet and, before that Course of Study is 
again taught, the Licensee must ensure that copies to be 
made available to Authorised Persons on that Course of 
Study comply with the conditions of this Licence, or a 
renewal thereof.  
(n) Digital Copies may be held in so far as is necessary for technical 
back -up purposes.  
(o) The Licensee may subcontract the making of Digital Copies to 
third parties provided that the Lice nsee takes all reasonable steps 
to ensure that any such third party operates appropriate 
management and security procedures so as to ensure compliance 
with the terms of the Licence. The Licensee shall keep records of 
all such subcontracts and the Digital C opies made thereunder and 
shall supply such records to ICLA on request.   
(p) For the avoidance of doubt, this Licence does not supersede any 
licences agreed between the Licensee and the publisher or 
distributor of Licensed Material.  
 
5. Excluded Works   
(a) ICLA shall publish the list of Excluded Works on its website 
www.icla.ie. This shall be updated bi -annually and new additions 
shall be listed prominently. The Licensee shall check the list at 
the start of each academic year.   
(b) In the event that a Work has been Copied and/or Communicated 
before being published on the ICLA website as an Excluded [277]  9 
 
Work, it may remain in use by the Licensee under the terms of 
this Licence, for the remainder of the relevant academic year.   
 
6. Duration   
 
The duration of this Licence shall be the term specified in the Licence Certificate.   
  
7. Licence Fee   
 
The Licensee shall pay to ICLA the amount of the Licence Fee specified in the 
Licence Certificate.   
 
The annual tariff, or fee, for a higher education l icense shall be:  
 
 - sum not exceeding €6.00 per student per annum (plus VAT).   
 
This change shall be applicable from the date of coming into operation of the 
certification of the licensing scheme.  
 
8. Usage Data   
  
To enable ICLA to identify the authors and publishers whose Works have been 
Copied and Communicated for the purpose of distribution of Licence Fees, the 
Licensee shall comply with the record -keeping procedures approved from time 
to time by ICLA, and shall make such data available to ICLA upon request.   
 
9. Additional Obligations of the Licensee to ICLA   
  
The Licensee shall take all reasonable steps to ensure that every Authorised 
Person availing of this Licence complies with the terms and conditions herein 
contained, and in particular shall implement all Guidelines to clarify for such 
persons the terms of the Licence notified in writing from time to time by ICLA.   
  
10. Third Party Obligations   
  
The Licensee shall, in exercising the rights hereby granted, ens ure compliance 
with all applicable laws, including those relating to Moral Rights, data 
protection, defamation, obscenity, privacy, confidence and all computer -related 
regulations.   10  [277] 
 
11. Indemnities   
(a) Subject as provided below, in any case where the Licensee 
receives 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 re asonable costs, expenses and damages awarded against or 
incurred by the Licensee, including any ex gratia payment made 
with the prior written consent of ICLA, PROVIDED 
HOWEVER:   
(i) the indemnity shall only apply where the Licensee has 
complied with the Licen ce terms;   
(ii) the indemnity shall only apply when the Licensee has given 
ICLA written notice of any claim within 21 working days 
of the claim being notified to the Licensee;   
(iii) the Licensee shall ensure that no admission or offer of 
payment or indemnity shall  be made or given on its own 
behalf or on behalf of ICLA without the prior written 
consent of ICLA; and   
(iv) the indemnity shall apply only to Works in the ICLA 
Repertoire; for the avoidance of doubt it shall not apply to 
Excluded Works . 
(b) The Licensee shal l indemnify ICLA against all costs, claims 
demands and expenses arising in consequence of breach of this 
Agreement by the Licensee, its servants, agents and Authorised 
Persons.   
 
12. Termination of Licence  
 
(a) The Licence shall be for the term specified on t he Licence 
Certificate and shall terminate automatically on the expiry 
thereof.   
(b) The Licence shall automatically terminate in the event that the 
Licensee shall cease to operate as an individual Educational 
Establishment.   
(c) ICLA shall be entitled to terminate the Licence in the event of a 
material breach by the Licensee of the terms hereof.   
(d) Termination shall be without prejudice to any antecedent rights 
of ICLA under the terms and conditions of the Licence.   
(e) In the  event of termination, the Licensee shall cease to copy 
Licensed Material; shall destroy all Print Copies and delete from 
its computer systems all Digital Copies of Licensed Material 
made pursuant to the Licence and shall ensure that all Authorised 
Persons  previously entitled to make or use copies under this 
agreement are notified of the termination of the Licence.   [277]  11 
 
 
13. Renewal of Licence   
 
This agreement may be renewed periodically by the issue of a new Licence 
Certificate to the Licensee.   
  
14. Service of No tices   
  
All notices required to be given under the Licence shall be given in writing and 
shall either be delivered by hand or be sent by prepaid registered post to the 
relevant party at the address given in the Licence Certificate. In the case of a 
notic e sent by post, it shall be deemed to have been served on the second day 
following posting.   
  
15. Assignment   
  
The Licence is personal to the Licensee and may not be assigned to a third party 
without the prior written consent of ICLA.   
  
16. Variation   
  
No variation of the terms of the Licence shall be effective or binding unless it is 
reflected in a written agreement between the parties.  
 
17. Dispute Resolution   
  
A dispute concerning the ICLA licensing scheme as reflected in the Licence may 
be referred to the Controller of Intellectual Property for determination in 
accordance with the applicable section(s) of the Act. In the absence of such 
referral and in circumstances in which such referral is unavailable, a dispute 
between the parties shal l be submitted at first instance to mediation under the 
Mediation Act 2017. In the event of an unsuccessful mediation, the parties may 
agree to submit the dispute to arbitration under the Arbitration Act 2010.  
 
18. Governing Law   
  
The Licence agreement shall  be governed by the laws of Ireland and the parties 
submit to the exclusive jurisdiction of the Irish courts.  
 12  [277] 
 
 
 
 
 GIVEN under my Official Seal,  
30 July, 2020 . 
 
LEO VARADKAR , 
Minister for Business, Enterprise and Innovation . 
 
 
  
[277]  13 
 
EXPLANATORY NOTE  
 
(This note is not part of the Instrument and does not purport to be a legal 
interpretation. ) 
 
Section 57, 57A and 57B of the Copyright and Related Rights Act 2000 provides 
for copyright exceptions which allow the use of copy right protected material 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.  
 
Section 173 provides for the certification of a licensing scheme for the purposes 
of section 57C 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 Business, Enterprise and Innovation has 
certified the licensing scheme f or higher education institutions  operated by the 
Irish Copyright Licensing Agency Limited, with effect from 25 September, 
2020.  
 
The Schedule to the Order contains details of the licensing scheme.  
 
  14  [277] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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D02 DR67.  
 
Teil: 0 76 110 6834  
r-post: publications@opw.ie  
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To be purchased from  
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