STATUTORY INSTRUMENTS . 
 
 
 
 
S.I. No. 278 of 20 20 
 
 
 
 
________________  
 
 
 
 
COPYRIGHT AND RELATED RIGHTS (CERTIFICATION OF 
LICENSING SCHEME FOR FURTHER EDUCATION PROVIDERS) (THE 
IRISH COPYRIGHT LICENSING AGENCY LIMITED) ORDER 2020  
 
 
  
2  [278] 
 
S.I. No.  278 of 2020 
 
COPYRIGHT AND RELATED RIGHTS (CERTIFICATION OF 
LICENSING SCHEME FOR FURTHER EDUCATION PROVIDERS) (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 Scheme for Further Education Providers) (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.  
 
5. The Copyright and Related Rights (Certification of Licensing Scheme 
for Reprographic Copying by Educational Establishments) (The Irish 
Copyright Licensing Agency Limited) Order 2002 (S.I. No.  514 of 2002) is 
revoked.  
 
Notice of the making of this Statutory Instrument was published in  
“Iris Oifigi úil” of 4th August, 2020 . 
 [278]  3 
 
SCHEDULE  
 
Licensing Scheme for Further Education Providers operated by the 
Irish Copyright Licensing Agency Limited  
 
1. The Licensing Scheme operated by  the Irish Copyright Licensing 
Agency Limited (ICLA) in respect of further education providers has been 
certified as a licensing scheme for the 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 a re 
engaged by it to provide teaching, research or consultancy services, 
and in relation to the Licensee’s Intranet or Virtual Learning 
Environment (VLE), persons, including Distance Learners authorised 
by the Licensee to use the same using a secure code, b ut excluding 
participants in MOOCs or equivalent courses. The term also includes 
another Educational Establishment holding a current educational 
licence from ICLA.   
 
“Copy” (used as a verb) means to reproduce, irrespective of the means 
employed. “Copy” (u sed 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 meani ng.   
 
“Course of Study” means any whole course of study or any module or 
segment of a student’s studies which is regarded by the Licensee as a 
discrete and self -contained unit for the purposes of examination or 
assessment.   
 
“Digital Copy” means an elect ronic 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  [278] 
 
“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 all activities necessary or expedient or ancillary to such 
activities, including the display of Licensed Material, and ‘educational 
purpo ses’ shall be construed accordingly.   
 
“Educational Establishment” means any establishment providing 
further education, being a “relevant provider” within the meaning of 
Section 2 of the Qualifications and Quality Assurance (Education and 
Training) Act 20 12 (as amended),  offering FET NFQ levels 5 and 6; 
and any other establishment so designated as a “relevant provider” 
offering such qualifications 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 exceed 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 of 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 systematic 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.  
 [278]  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 
PROVID ED 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 other co pyright 
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 access ible 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 imp ossible, 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 6  [278] 
 
website, blog or platform a t which the material was located and the 
date on which it was extracted.   
 
“Teaching” means delivering Education.  
 
“Virtual Learning Environment (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 Communicate 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 Work during any one 
Course of Study shall not exceed an Extract or Extracts 
amounting to more than five per cent (5%) 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 Copied 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 [278]  7 
 
(whether online o r offline) shall not  exceed 5% of the 
entire number in such publication ; 
(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 Copyi ng and Communication are limited 
to Extracts 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 complete 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 i n 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 Inte rnet; provide Licensed 
Material for inclusion 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 acknowled gement.   
(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 Licensee 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 no t exposed 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 profit.   
(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 8  [278] 
 
Licensed Copy in order to view i t at a more convenient time. 
The Licence does not otherwise cover activities outside the 
State.   
(k) The Licence does not authorise any amendment, alteration or 
manipulation of Licensed 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 refe rred 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 Course 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 Cop ies 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 Licensee takes all reasonable steps 
to ensure that any such third party operates ap propriate 
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 Copies 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 [278]  9 
 
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 
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 further education l icence shall be:  
 
- for levels 1 to 4, a sum not exceeding €2.00 per student per annum (plus 
VAT)  
- for levels 5 and 6, a sum not exceeding €3.00 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 proc edures 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 Lic ence 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  [278] 
 
10. Third Party Obligations   
The Licensee shall, in exercising the rights hereby granted, ensure compliance 
with all applicable laws, including those relating to Moral Rights, data 
protection, defamation, obscenity, privacy, confidence and all computer -relate d 
regulations.   
 
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 reasonable 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 Li censee has 
complied with the Licence 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 o ffer 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 shall 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 the 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 Education al 
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 t he Licence.   [278]  11 
 
(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 tha t all 
Authorised Persons previously entitled to make or use copies 
under this agreement are notified of the termination of the 
Licence.   
 
13. Renewal of Licence  
 
This agreement may be renewed periodically by the issue of a new Licence 
Certificate to the Licen see.   
 
14. Service of Notices   
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 
notice 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 shall be submitted at first instance to mediation under the 
Mediation Act 2017. In the event of an unsuccessful mediation, the parties ma y 
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  [278] 
 
 
 
 GIVEN under my Off icial Seal,  
30 July, 2020 . 
 
LEO VARADKAR,  
Minister for Business, Enterprise and Innovation . 
 
 
 
  
[278]  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 copyright protected 
material by educational establishments within strictly defined limits.  
 
However, this section does not apply where there is a licensing schem e, 
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 re presentative 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 th is Order, the Minister for Business, Enterprise and Innovation has 
certified the licensing scheme for further education providers operated by the 
Irish Copyright Licensing Agency Limited, with effect from 25 September , 
2020.  
 
The Schedule to the Order cont ains details of the licensing scheme.  
  14  [278] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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D02 DR67.  
 
Teil: 0 76 110 6834  
r-post: publications@opw.ie  
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PUBLISHED BY THE STATIONERY OFFICE  
To be purchased from  
GOVERNMENT PUBLICATIONS,  
52 ST. STEPHEN'S GREEN, DUBLIN 2,  
D02 DR67.  
 
Tel: 0 76 110 6834  
E-mail: publications@opw.ie  
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