Number  19 of  2019
Copyright and Other Intellectual Property Law Provisions Act, 20191COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAW PROVISIONS ACT
2019
CONTENTS
PART 1
PRELIMINARY AND GENERAL
Section
1.  Short title, collective citations and commencement
2.  Repeals
PART 2
AMENDMENT OF COPYRIGHT AND RELA TED RIGHTS ACT 2000
CHAPTER 1
Definition
3.  Definition
CHAPTER 2
Court access for intellectual property claims, copyright exceptions and digital deposit of
copyright works, etc.
4.  Amendment of section 2 of Principal Act
5.  Provisions supplementary to definition of “broadcast”
6.  Amendment of Principal Act - insertion of sections 16A and 16B
7.  Amendment of section 21 of Principal Act
8.  Amendment of section 24 of Principal Act
9.  Transitional provisions for section 31A
10.  Making available of work not previously made available
11.  Amendment of section 37 of Principal Act
12.  Amendment of section 51 of Principal Act
1 [No. 19.] Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
13.  Amendment of section 52 of Principal Act
14.  Text and data mining for non-commercial research
15.  Amendment of Principal Act - substitution of section 57
16.  Amendment of section 59 of Principal Act
17.  Amendment of section 66 of Principal Act
18.  Format shifting by librarians or archivists
19.  Fair dealing by librarians and archivists
20.  Amendment of section 70 of Principal Act
21.  Transitional provisions for section 78B
22.  Use of notes or recordings of spoken words in certain cases
23.  Amendment of section 94 of Principal Act
24.  Amendment of section 99 of Principal Act
25.  Definitions - sections 103A to 104B
26.  Amendment of section 104 of Principal Act
27.  Amendment of Principal Act - insertion of sections 104A and 104B
28.  Amendment of section 173 of Principal Act
29.  Amendment of section 198 of Principal Act
30.  Fair dealing with performances, etc.
31.  Amendment of Principal Act - insertion of sections 225A to 225D
32.  Amendment of section 233 of Principal Act
33.  Fair dealing by librarians and archivists
34.  Amendment of section 370 of Principal Act
35.  Rights protection measures and permitted acts
36.  Amendment of section 375 of Principal Act
37.  Amendment of section 376 of Principal Act
38.  Certain acts infringe rights of rightsowner of rights management information
39.  Amendment of First Schedule to Principal Act
CHAPTER 3
Consequential amendments
40.  Amendment of section 77 of The Courts of Justice Act 1924
41.  Amendment of Third Schedule to Courts (Supplemental Provisions) Act 1961
42.  Amendment of Patents Act 1992
43.  Amendment of section 2 of Trade Marks Act 1996
44.  Amendment of section 2 of Industrial Designs Act 2001
2[2019.] Copyright and Other [No. 19.] 
Intellectual Property Law Provisions Act 2019.
CHAPTER 4
Miscellaneous amendments of Principal Act in relation to education and fines
45.  Miscellaneous amendments of Principal Act in relation to education
46.  Miscellaneous amendments of Principal Act in relation to fines
PART 3
AMENDMENT OF PA TENTS ACT 1992 IN RELA TION TO COURTS AND FINES
CHAPTER 1
Definition
47.  Definition
CHAPTER 2
Miscellaneous amendments of Act of 1992 in relation to courts
48.  Amendment of section 2 of Act of 1992
49.  Amendment of section 38 of Act of 1992
50.  Amendment of section 45 of Act of 1992
51.  Amendment of section 46 of Act of 1992
52.  Amendment of section 47 of Act of 1992
53.  Amendment of section 49 of Act of 1992
54.  Amendment of section 50 of Act of 1992
55.  Amendment of section 51 of Act of 1992
56.  Amendment of section 52 of Act of 1992
57.  Amendment of section 53 of Act of 1992
58.  Amendment of section 54 of Act of 1992
59.  Amendment of section 56 of Act of 1992
60.  Amendment of section 57 of Act of 1992
61.  Amendment of section 59 of Act of 1992
62.  Amendment of section 62 of Act of 1992
63.  Amendment of section 66 of Act of 1992
64.  Amendment of section 74 of Act of 1992
65.  Amendment of section 77 of Act of 1992
66.  Amendment of section 81 of Act of 1992
67.  Amendment of section 82 of Act of 1992
68.  Amendment of section 86 of Act of 1992
69.  Amendment of section 91 of Act of 1992
70.  Amendment of section 92 of Act of 1992
3 [No. 19.] Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
71.  Amendment of section 95 of Act of 1992
72.  Amendment of section 96 of Act of 1992
73.  Amendment of section 101 of Act of 1992
74.  Amendment of section 106 of Act of 1992
75.  Amendment of section 108 of Act of 1992
76.  Amendment of section 119 of Act of 1992
77.  Amendment of section 121 of Act of 1992
78.  Amendment of section 123 of Act of 1992
79.  Amendment of section 124 of Act of 1992
80.  Amendment of section 130 of Act of 1992
81.  Amendment of section 131 of Act of 1992
CHAPTER 3
Miscellaneous amendments of Act of 1992 in relation to fines
82.  Miscellaneous amendments of Act of 1992 in relation to fines
PART 4
AMENDMENT OF TRADE MARKS ACT 1996 IN RELATION TO COURTS AND FINES
CHAPTER 1
Definition
83.  Definition
CHAPTER 2
Miscellaneous amendments of Act of 1996 in relation to courts
84.  Amendment of section 2 of Act of 1996
85.  Amendment of section 19 of Act of 1996
86.  Amendment of section 20 of Act of 1996
87.  Amendment of section 23 of Act of 1996
88.  Amendment of section 24 of Act of 1996
89.  Amendment of section 29 of Act of 1996
90.  Amendment of section 34 of Act of 1996
91.  Amendment of section 36 of Act of 1996
92.  Amendment of section 51 of Act of 1996
93.  Amendment of section 52 of Act of 1996
94.  Amendment of section 57 of Act of 1996
95.  Amendment of section 65 of Act of 1996
96.  Amendment of section 67 of Act of 1996
4[2019.] Copyright and Other [No. 19.] 
Intellectual Property Law Provisions Act 2019.
97.  Amendment of section 72 of Act of 1996
98.  Amendment of section 77 of Act of 1996
99.  Amendment of section 78 of Act of 1996
100.  Amendment of section 79 of Act of 1996
101.  Amendment of section 80 of Act of 1996
102.  Amendment of section 85 of Act of 1996
103.  Amendment of section 88 of Act of 1996
104.  Amendment of section 97 of Act of 1996
105.  Amendment of First Schedule to Act of 1996
106.  Amendment of Second Schedule to Act of 1996
CHAPTER 3
Miscellaneous amendments of Act of 1996 in relation to fines
107.  Miscellaneous amendments of Act of 1996 in relation to fines
PART 5
DIGITAL LEGAL DEPOSIT SCHEME
108.  Digital legal deposit scheme
SCHEDULE 1
MISCELLANEOUS AMENDMENTS OF PRINCIPAL ACT IN RELA TION TO EDUCATION
SCHEDULE 2
MISCELLANEOUS AMENDMENTS OF PRINCIPAL ACT IN RELA TION TO FINES
SCHEDULE 3
MISCELLANEOUS AMENDMENTS OF ACT OF 1992 IN RELATION TO FINES
SCHEDULE 4
MISCELLANEOUS AMENDMENTS OF ACT OF 1996 IN RELATION TO FINES
5 [No. 19.] Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
ACTS REFERRED TO
Competition Act 2002 (No. 14)
Copyright and Related Rights Act 2000 (No. 28)
Copyright and Related Rights Acts 2000 and 2007
Courts (Supplemental Provisions) Act 1961 (No. 39)
Courts (Supplemental Provisions) Acts 1961 to 2015
Courts of Justice Acts 1924 to 2014
Disability Act 2005 (No. 14)
Industrial Designs Act 2001 (No. 39)
Patents Act 1992 (No. 1)
Patents Acts 1992 to 2017
Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28)
The Courts of Justice Act 1924 (No. 10)
Trade Marks Act 1996 (No. 6)
6Number 19 of 2019
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAW PROVISIONS ACT , 
2019
An Act to amend the Copyright and Related Rights Act 2000  to take account of certain 
recommendations for amendments to that Act contained in the Report of the C opyright 
Review Committee entitled “Modernising Copyright” published by that Committee i n 
October 2013 and also to take a ccount of certain exceptions to copyright permitted by 
Directive 2001/ 29/EC of the European Parliament and of the Council of 22 May 200 11 
on the harmonisation of certain aspects of copyright and related rights in the information 
society; to make certain other amendments to that Act, including amendments in relation 
to references in that Act to education and fines; to make consequential amendments to 
The C ourts of Justice Act 1924 , the Courts (Supplemental Provisions ) Act 1961 , the 
Patents Act 1992,  the Trade M arks Act 1996  and the  Industrial Designs Act 2001 ; to 
make a c ertain amendment to the Patents Act 1992 ; to make a mendments to the Patents 
Act 1992 and the  Trade M arks Act 1996  in relation to references in those Acts to courts 
and fines; and to provide for related matters.       [26th June , 2019]
Be it enacted by the Oireachtas as follows:
PART 1
PRELIMINARY AND GENERAL
Short title, collective citations and commencement
1. (1) This Act may be cited as the Copyright and Other Intellectual Property Law
Provisions Act 2019.
(2)The Courts of Justice Acts 1924 to 2014  and section 40 may be cited together as the
Courts of Justice Acts 1924 to 2019.
(3)The Courts (Supplemental Provisions) Acts 1961 to 2015  and section 41 may be cited
together as the Courts (Supplemental Provisions) Acts 1961 to 2019.
(4)The  Patents Acts 1992 to 2017 ,  section  42,  Part  3 and  Schedule  3 may be cited
together as the Patents Acts 1992 to 2019.
1OJ No. L 167, 22.6.2001, p.10
7PT.1 S.1 [No. 19.] Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
(5)The Copyright and Related Rights Acts 2000 and 2007 , Part 2 and Schedules 1 and 2 
may be cited together as the Copyright and Related Rights Acts 2000 to 2019.
(6)Subject to subsection (7), this Act shall come into operation on such day or days as  
the Minister for Business, Enterprise and Innovation may by order or orders appoint  
either generally or with reference to any particular purpose or provision and different  
days may be so appointed for different purposes or provisions.
(7)Sections 2(1), 9 and 21 shall come into operation on the date that is 6 months from the  
passing of this Act.
Repeals
2.(1)Sections 31A and 78B of the Copyright and Related Rights Act 2000  are repealed.
(2)Section 96 of the Trade Marks Act 1996  is repealed.
PART 2
AMENDMENT OF COPYRIGHT AND RELA TED RIGHTS ACT 2000
CHAPTER 1
Definition
Definition
3.In this Part and  Schedules  1 and  2, “Principal Act” means the  Copyright and Related  
Rights Act 2000.
CHAPTER 2
Court access for intellectual property claims, copyright exceptions and digital deposit of  
copyright works, etc.
Amendment of section 2 of Principal Act
4.Section 2 of the Principal Act is amended in subsection (1) —
(a)by the substitution of the following definition for the definition of “broadcast”:
“ ‘broadcast’ means an electronic transmission of sounds, images or  
data, or any combination or representation thereof, for direct public  
reception or for presentation to members of the public;”,
(b)by the substitution of the following definition for the definition of “Controller”:
“ ‘Controller’ means the Controller of Intellectual Property;”,
(c)by the substitution of the following definition for the definition of “disability”:
8[2019.] Copyright and Other [No. 19.] PT.2 S.4
Intellectual Property Law Provisions Act 2019.
“  ‘disability’ has  the  meaning  assigned  to  it  in  section  2  of  the  
Disability Act 2005;”,
(d)in the definition of “educational establishment” —
(i)in paragraph (b), by the substitution of “applies,” for “applies, and”, and
(ii)by the insertion of the following paragraph after paragraph (b):
“(ba)any  relevant  provider  within  the  meaning  of  section  2  of  the  
Qualifications and Quality Assurance (Education and Training) Act  
2012, and”, 
and
(e)by the insertion of the following definitions:
“ ‘education’ means instruction, lectures, study, research, teaching or  
training either in an educational establishment or by any person acting  
under the authority of an educational establishment, and includes all  
activities necessary or expedient or ancillary to such a programme, and  
‘educational purposes’ shall be construed accordingly;
‘electronic transmission’ means a specified transmission through the  
Internet,  a  transmission  by  wireless  means  and  a  transmission  
prescribed for the purposes of this definition,  but does not include —
(a)a transmission by means of MMDS, or
(b)a digital terrestrial retransmission;
‘excluded data information’, means —
(a)a computer program (whether in whole or in part), or
(b)a program source code of a website;
‘intellectual property claim’ means —
(a)any proceedings instituted, application or reference made, or appeal  
lodged, under the Patents Act 1992 other than an application under  
section 47, 49, 50, 51, 52, 53, 54, 57, 59, 74, 86, 91, 96, 108, 123 or  
124 of that Act,
(b)any proceedings instituted, application or reference made, or appeal  
lodged, under the Trade Marks Act 1996  other than an application  
under section 25, 51, 52, 57, 65, 67, 72, 77, 78, 79, 85(5), 88 or 97  
of that Act, or under paragraph 14(3) of the Second Schedule to  
that Act in so far as that paragraph relates to an application under  
section 51 of that Act,
(c)any proceedings instituted, application or reference made, or appeal  
lodged, under this Act other than an application under section 133,  
143, 170, 256, 257, 261, 299B, 366 or 367, or
9PT.2 S.4 [No. 19.] Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
(d)any proceedings instituted, application or reference made, or appeal  
lodged,  under  the  Industrial  Designs  Act  2001  other  than  an 
application under section 33, 34, 35, 62, 70, 81, 84 or 86 of that  
Act;
‘rights  identifying  information’,  in  relation  to  a  work,  means  data  
information (other than excluded data information) about the work,  
including digital data (whether or not it is incorporated within the  
work  or  is  otherwise  associated  with  it)  that  provides  information  
about—
(a)the  authorship,  condition,  content,  context,  origin,  ownership,  
provenance, quality or structure of the work,
(b)rights pertaining to or associated with the work, or
(c)matters similar to any matter which falls within paragraph (a) or  
(b);
‘specified transmission through the Internet’ means —
(a)a transmission taking place simultaneously through the Internet and  
by other means,
(b)a concurrent transmission of a live event, or
(c)a  transmission  of  recorded  moving  images  or  sounds,  or  both,  
forming  part  of  a  programme  service  offered  by  the  person  
responsible for making the transmission, being a service in which  
programmes are transmitted at scheduled times determined by that  
person;”.
Provisions supplementary to definition of “broadcast”
5.The Principal Act is amended by the insertion of the following section after section 2:
“2A.The  definition  of  ‘broadcast’ shall  not  be  construed  to  prejudice  the  
exclusive right under this Act of a person to make a work available by  
means of a broadcast of the work.”.
Amendment of Principal Act - insertion of sections 16A and 16B
6.The Principal Act is amended in Part 1, by the insertion of the following sections after  
section 16:
“Circuit Court
16A.The  Circuit  Court  shall  have  jurisdiction  to  hear  and  determine  
intellectual property claims.
District Court
16B.(1)The  District  Court  shall  have  jurisdiction  to  hear  and  determine  
intellectual property claims.
10[2019.] Copyright and Other [No. 19.] PT.2 S.6
Intellectual Property Law Provisions Act 2019.
(2)The District Court in which such a claim shall be heard is the District  
Court Area in which the defendant concerned ordinarily resides or  
carries on any business, trade or profession.”.
Amendment of section 21 of Principal Act
7.Section  21  of  the  Principal  Act  is  amended  in  paragraph  (b),  by  the  insertion  of  
“(including the soundtrack accompanying the film)” after “film”.
Amendment of section 24 of Principal Act
8.Section  24  of  the  Principal  Act  is  amended  by  the  substitution  of  the  following  
subsection for subsection (1):
“(1)The copyright in a literary, dramatic, musical or artistic work, or an  
original database, shall expire 70 years after the death of the author  
irrespective of—
(a)the date (if any) on which the work is first lawfully made available  
to the public, or
(b)whether the work is ever lawfully made available to the public.”.
Transitional provisions for section 31A
9.The Principal Act is amended by the insertion of the following section after section 31A:
“31B.(1)An act to which subsection (2) applies is not an infringement of the  
copyright in a design registered under the Industrial Designs Act 2001  
if—
(a)that  act  is  done  pursuant  to  a  contract  entered  into  before  the  
relevant date, and
(b)that act, if it were done immediately before the relevant date, would  
not, by virtue of section 31A, have been such an infringement.
(2)An act to which this subsection applies is any of the following acts  
done, in relation to a design referred to in subsection (1), during the 6  
months period immediately following and including the relevant date:
(a)the copying of the design;
(b)the provision of means for making a copy of the design;
(c)the importation into the State of a copy of the design.
(3)An act to which subsection (4) applies is not an infringement of the  
copyright in a design registered under the Industrial Designs Act 2001  
if that act, if it were done on the day immediately before the relevant  
date,  would  not,  by  virtue  of  section  31A,  have  been  such  an  
infringement.
11PT.2 S.9 [No. 19.] Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
(4)An act to which this subsection applies is any of the following acts  
done, in relation to a design referred to in subsection (3), during the 6  
months period immediately following and including the relevant date:
(a)the issuing or selling, or renting or lending, to the public of a copy  
of the design that was made in, or imported into, the State —
(i)before the relevant date, or
(ii)during that 6 months period pursuant to a contract entered into  
before the relevant date;
(b)the communication to the public of that design in connection with  
anything done in reliance on paragraph (a).
(5)In this section, ‘relevant date’ means the date referred to in  section 
1(7) of the Copyright and Other Intellectual Property Law Provisions  
Act 2019.”.
Making available of work not previously made available
10.The Principal Act is amended by the substitution of the following section for section 34:
“34.(1)Subject to subsection (2), any person who, after the expiration of the  
copyright in a work, lawfully makes available to the public for the first  
time a work which was not previously so made available, shall benefit  
from rights equivalent to the rights of an author (other than the moral  
rights) for 25 years from the date on which the work is first lawfully  
made available to the public.
(2)A work is not lawfully made available to the public by a person for the  
purposes of subsection (1) if the person has made the work available to  
the public without first obtaining the express consent of the owner of  
the physical medium in which the work is embodied, or on which the  
work is recorded, to do so.”.
Amendment of section 37 of Principal Act
11.Section  37  of  the  Principal  Act  is  amended  by  the  substitution  of  the  following  
subsection for subsection (3):
“(3)For the purposes of any reference in this Act to the undertaking of an  
act restricted by the copyright in a work —
(a)‘work’ shall be construed as a reference to —
(i)the work as a whole,
(ii)any substantial part of the work, or
(iii)rights  identifying  information  embedded  or  otherwise  
incorporated in the work,
12[2019.] Copyright and Other [No. 19.] PT.2 S.11
Intellectual Property Law Provisions Act 2019.
and
(b)the undertaking of an act indirectly, as well as directly, shall be  
taken to be included in such reference.”.
Amendment of section 51 of Principal Act
12.Section 51 of the Principal Act is amended —
(a)by the substitution of the following subsections for subsection (2):
“(2)It is not an infringement of the rights conferred by this Part if a copy  
of a work (other than a photograph) on current economic, political or  
religious  matters  or  similar  matters  is  made  by a  media  business  
(within the meaning of section 28A(1) of the Competition Act 2002 ) 
and communicated by the media business to the public if —
(a)such use is not expressly reserved, and
(b)the  copy  and  communication  are  accompanied  by  a  sufficient  
acknowledgement.
(2A)Where a copy which would otherwise be an infringing copy is made  
under subsection (2) but is subsequently sold, rented or lent, or offered  
or exposed for sale, rental or loan, or otherwise made available to the  
public, it shall be treated as an infringing copy for those purposes and  
for all subsequent purposes.”,
and
(b)in subsection (3), by the substitution of “this Act” for “this Part”.
Amendment of section 52 of Principal Act
13.Section 52 of the Principal Act is amended by the insertion of the following subsection:
“(5)Fair dealing with a work for the purposes of caricature, parody or  
pastiche shall not infringe the copyright in that work.”.
Text and data mining for non-commercial research
14.The Principal Act is amended by the insertion of the following section after section 53:
“53A.(1) Subject to subsection (3), the  making of a copy of a work by a person  
who has lawful access to the work does not infringe copyright in the  
work where the copy is —
(a)made  in  order  that  the  person  may  carry  out  a  computational  
analysis of anything in the work for the sole purpose of research for  
a non-commercial purpose, and
(b)accompanied by a sufficient acknowledgement.
13PT.2 S.14 [No. 19.]Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
(2)A copy made under subsection (1) of a work which was, at the time  
when the  copy was made, available without  a restriction as  to its  
access  does  not  infringe  copyright,  and  whether  or  not  that  work  
continues to be so available after that time.
(3)Where a copy of a work has been made under subsection (1) by a  
person, the copyright in the work is infringed where the copy —
(a)is transferred to any other  person, except  where  the  transfer is  
authorised by the copyright owner, or
(b)is  used  for  any  purpose  other  than  the  purpose  referred  to  in  
subsection (1)(a).
(4)Without  prejudice  to  section  374,  nothing  in  Part  VII  shall  be  
construed as operating to prevent a person from undertaking an act  
permitted by this section.
(5)Without  prejudice  to  the  generality  of  section  52(1),  where  the  
publication of the results of a computational analysis referred to in  
subsection (1)(a) of a copy of a work includes the reproduction of  
extracts from the work, such inclusion shall constitute inclusion in an  
incidental manner referred to in section 52(1) if the extracts are not  
more  than  are  reasonably  necessary  to  explain,  or  to  assist  in  
explaining, the results of the analysis.”.
Amendment of Principal Act - substitution of section 57
15.The Principal Act is amended by the substitution of the following sections for section 57:
“Illustration for education, teaching or scientific research
57.(1)Subject to subsections (2) to (4), it is not an infringement of the rights  
conferred by this Part —
(a)to make or cause to be made a copy or communication of a work  
for  the  sole  purpose  of  illustration  for  education,  teaching  or  
scientific  research  or  of  preparation  for  education,  teaching  or  
scientific research, or
(b)for an educational establishment, for the educational purposes of  
that establishment, to reproduce or cause to be reproduced a work,  
or to do or cause to be done, any other necessary act, in order to  
display it.
(2)Subsection (1) shall apply only if the reproduction or communication  
is—
(a)made for purposes that are non-commercial,
(b)made only to the extent justified by the non-commercial purposes  
to be achieved, and
14[2019.] Copyright and Other [No. 19.] PT.2 S.15
Intellectual Property Law Provisions Act 2019.
(c)accompanied by a sufficient acknowledgement.
(3)Not more than 5 per cent of any work can be copied under this section  
in any calendar year.
(4)Where a copy which would otherwise be an infringing copy is made  
under this section but is subsequently sold, rented or lent, or offered or  
exposed for sale, rental or loan, or otherwise made available to the  
public, it shall be treated as an infringing copy for those purposes and  
for all subsequent purposes.
Distance learning provided by educational establishment
57A.It is not an infringement of the rights conferred by this Part for —
(a)an educational establishment, for the educational purposes of that  
establishment,  to  communicate  a  work  as  part  of  a  lesson  or  
examination  to  a  student  of  that  establishment  by  
telecommunication, and
(b)a student who has received such a lesson or examination to make a  
copy of the work in order to be able to listen to or view it at a more  
convenient time.
Use by educational establishment of work available through Internet
57B.(1)Subject  to  subsection  (2),  it  is  not  an  infringement  of  the  rights  
conferred  by  this  Part  if  an  educational  establishment,  for  the  
educational  purposes  of  that  establishment,  makes  a  copy  or  
communication of a work that is available through the Internet.
(2)Subsection (1) shall not apply unless the copy or communication of  
the work concerned is accompanied by a sufficient acknowledgement.
Licensing schemes for educational establishments
57C.(1)An exemption in respect of education provided in section 57, 57A,  
57B, 61(2), 62(2), 67(3), 92, 221, 225B, 225C, 225D, 229(2), 234(3),  
245(3)(a) or 329 shall not apply where —
(a)there  is  a  licensing  scheme  certified  under  section  173  that  is  
applicable to the exemption concerned, and
(b)the person making use of the work knew or ought to have been  
aware of the existence of the licensing scheme.
(2)The terms of a licence granted to an educational establishment on foot  
of a licensing scheme certified under section 173 shall be void in so  
far as they purport to restrict the proportion of a work which may be  
copied or communicated (whether on payment or free of charge) to  
less than that which would be permitted under section 57, 61 or 62, as  
the case may be.
15PT.2 S.15 [No. 19.]Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
(3)Sections  152  to  155  shall  apply in  relation  to  a licensing  scheme  
referred to in subsection (1)(a) as if the scheme were one to which  
those sections applied pursuant to section 150.”.
Amendment of section 59 of Principal Act
16.Section 59 of the Principal Act is amended in subsection (2) —
(a)by the substitution of “sections 60 to 70” for “sections 60 to 67”,
(b)in  paragraphs  (a)  and  (b),  by the  insertion  of  “,  or  causes  to  be  made  and  
supplied,” after “supplies”,
(c)in paragraph (c), by the insertion of “, or causes to be made,” after “makes”, and
(d)in paragraph (d), by the insertion of “, or causing to be made or supplied,” after  
“supplying”.
Amendment of section 66 of Principal Act
17.Section 66 of the Principal Act is amended —
(a)in subsection (1)—
(i)by the insertion of “, or cause to be made,” after “make”,
(ii)in  paragraph  (c),  by  the  insertion  of  “(including  a  published  catalogue  
relating to an exhibition)” after “catalogue”,
and
(b)by the substitution of the following subsection for subsection (2):
“(2)This section shall apply to copying —
(a)conducted for the curatorial purposes referred to in subsection (1),
(b)to an extent reasonably justified by the non-commercial purpose to  
be achieved, and
(c)accompanied by a sufficient acknowledgement.”.
Format shifting by librarians or archivists
18.The Principal Act is amended by the insertion of the following section after section 68:
“68A.(1)Subject  to  subsection  (2),  it  is  not  an  infringement  of  the  rights  
conferred by this Part where the librarian or archivist of a prescribed  
library or prescribed archive makes, or causes to be made, a copy of a  
work,  in  the  permanent  collection  of  the  library  or  archive,  in  a  
different form to that which the copy takes if —
(a)that librarian or archivist lawfully uses the means used to make the  
copy, and
16[2019.] Copyright and Other [No. 19.] PT.2 S.18
Intellectual Property Law Provisions Act 2019.
(b)the copy is made solely for preservation or archival purposes where  
those purposes are neither directly nor indirectly commercial.
(2)Subsection (1) shall not apply where —
(a)the work being copied is an infringing copy, and
(b)the librarian or archivist making the copy, or causing it to be made,  
did not have reasonable grounds for believing that the work was not  
an infringing copy.”.
Fair dealing by librarians and archivists
19.The Principal Act is amended by the insertion of the following section before section 70:
“69A.(1)Without  prejudice  to  the  generality  of  section  50(1),  the  
communication, by the librarian or archivist of a prescribed library or  
prescribed archive, to members of the public of copies of works in the  
permanent collection of the library or archive, by dedicated terminals  
on the premises of the library or archive, shall constitute fair dealing  
with  the  works  for  the  purposes  of  that  section  where  the  
communication is—
(a)undertaken for the sole purpose of education, teaching, research or  
private study, and
(b)accompanied by a sufficient acknowledgement.
(2)Without prejudice to the generality of section 50(1), the brief and  
limited display of a copy of a work —
(a)either—
(i)in a prescribed library or prescribed archive or by the librarian  
or archivist of a prescribed library or prescribed archive, or
(ii)during  the  course  of  a  public  lecture  given  in  a  prescribed  
library  or  prescribed  archive  or  given  by  the  librarian  or  
archivist of a prescribed library or prescribed archive,
(b)undertaken for the sole purpose of education, teaching, research or  
private study where such purpose is neither directly nor indirectly  
commercial, and
(c)accompanied by a sufficient acknowledgement,
shall constitute fair dealing with the work for the purposes of section  
50(1).”.
Amendment of section 70 of Principal Act
20.Section 70 of the Principal Act is amended by the substitution of “, 68, 68A or 69A” for  
“or 68”.
17PT.2 [No. 19.] Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
Transitional provisions for section 78B
21.The Principal Act is amended by the insertion of the following section after section 78B:
“78C.(1) An act to which subsection (2) applies is not an infringement of the  
copyright in an artistic work if —
(a)that  act  is  done  pursuant  to  a  contract  entered  into  before  the  
relevant date, and
(b)that act, if it were done immediately before the relevant date, would  
not, by virtue of section 78B, have been such an infringement.
(2)An act to which this subsection applies is any of the following acts  
done,  in  relation  to  an  artistic  work,  during  the  6  months  period  
immediately following and including the relevant date:
(a)the copying of the work;
(b)the provision of means for making a copy of the work;
(c)the importation into the State of a copy of the work.
(3)An act to which subsection (4) applies is not an infringement of the  
copyright in an artistic work if that act, if it were done on the day  
immediately before the relevant date, would not, by virtue of section  
78B, have been such an infringement.
(4)An act to which this subsection applies is any of the following acts  
done,  in  relation  to  an  artistic  work,  during  the  6  months  period  
immediately following and including the relevant date:
(a)the issuing or selling, or renting or lending, to the public of a copy  
of the work that was made in, or imported into, the State —
(i)before the relevant date, or
(ii)during that 6 months period pursuant to a contract entered into  
before the relevant date;
(b)the communication to the public of that work in connection with  
anything done in reliance on paragraph (a).
(5)In this section, ‘relevant date’ means the date referred to in  section 
1(7) of the Copyright and Other Intellectual Property Law Provisions  
Act 2019.”.
Use of notes or recordings of spoken words in certain cases
22.The Principal Act is amended by the substitution of the following section for section 89:
“89.(1) (a)Paragraph (b) applies where a record of spoken words (including  
political  speeches  and  extracts  from  public  lectures  or  similar  
works) is made, in writing or otherwise, for the purposes of —
18[2019.] Copyright and Other [No. 19.] PT.2 S.22
Intellectual Property Law Provisions Act 2019.
(i)reporting current events, or
(ii)broadcasting,  including  in  a  cable  programme  service,  or  
otherwise communicating to the public, the record.
(b)Subject to compliance with the conditions specified in subsection  
(2), it is not an infringement of the rights conferred by this Part —
(i)to use the record or material taken from it for the purposes  
referred to in paragraph (a), or
(ii)to copy the record or material taken from it and use the copy for  
the purposes referred to in paragraph (a).
(2)The conditions referred to in subsection (1)(b) are:
(a)that the record is a direct record of the spoken words;
(b)that the making of the record was not prohibited by the speaker  
and, where copyright already subsisted in the work, did not infringe  
the copyright in the work;
(c)that the use made of the record or material taken from it was not  
prohibited by or on behalf of the speaker or copyright owner before  
the record was made;
(d)that the use made of the record or material taken from it is by or  
with the authority of a person who is lawfully in possession of the  
record;
(e)that  the  use  made  of  the  record  or  material  taken  from  it  is  
accompanied by a sufficient acknowledgement.
(3)Where a record which would otherwise be an infringing copy is made  
under this section but is subsequently sold, rented or lent, or offered or  
exposed for sale, rental or loan, or otherwise made available to the  
public, it shall be treated as an infringing copy for those purposes and  
for all subsequent purposes.”.
Amendment of section 94 of Principal Act
23.Section  94  of  the  Principal  Act  is  amended  by  the  substitution  of  the  following  
subsection for subsection (1):
“(1)It is not an infringement of the copyright in an artistic work to copy it,  
or to make available to the public copies of it, for the purpose of  
advertising the sale or public exhibition of the work if the copying is  
done, and the copies are used —
(a)only to an extent reasonably justified for achieving that purpose,  
and
(b)for no other commercial purpose.”.
19PT.2 [No. 19.] Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
Amendment of section 99 of Principal Act
24.Section 99 of the Principal Act is amended by the insertion of the following subsection  
after subsection (3):
“(4)Where,  by  virtue  of  subsection  (1),  a  person  (in  this  subsection  
referred to as ‘the licensee’) is deemed to be licensed by the owner of  
the copyright in a work to copy or authorise the copying of that work  
by means of his or her own facilities, such facilities shall include those  
of a person acting on behalf of and under the responsibility of the  
licensee.”.
Definitions - sections 103A to 104B
25.The Principal Act is amended by the insertion of the following section after section 103:
“103A.In this section and sections 104 to 104B —
‘designated body’ means a designated body as defined in section 104(3);
‘relevant work’ means a work —
(a)which is not accessible to a person with a disability because of that  
disability, and
(b)in  respect  of  which  a  copy  can  be  made  and  that  copy  then  
modified so that the modified copy of the work is accessible to that  
person.”.
Amendment of section 104 of Principal Act
26.Section  104  of  the  Principal  Act  is  amended  by  the  substitution  of  the  following  
subsections for subsection (1):
“(1)Subject to subsection (1A) and section 104A(1), a designated body  
may do any of the following in respect of a relevant work without  
infringing the copyright in that work:
(a)make, or cause to be made, a copy of the work for the purpose of  
modifying the copy;
(b)supply the modified copy of the work to a person with a disability;
(c)supply the modified copy of the work to another designated body;
(d)receive a modified copy of the work from —
(i)another designated body, or
(ii)a person with a disability;
(e)supply the modified copy of the work that it has received under  
paragraph (d) to—
(i)a person with a disability, or
20[2019.] Copyright and Other [No. 19.] PT.2 S.26
Intellectual Property Law Provisions Act 2019.
(ii)another designated body.
(1A)Subsection (1) shall not apply unless the modified copy concerned of  
the relevant work—
(a)bears or otherwise incorporates an express statement to the effect  
that the copy has been made under this section, and
(b)is accompanied by a sufficient acknowledgement.
(1B) (a)Subject to section 104A(1), a use to which paragraph (b) applies  
may be made of a relevant work by a person with a disability  
without infringing the copyright in that work provided that the use  
is for the benefit of the person, is directly related to the disability, is  
for  a  non-commercial  purpose  and  is  made  only  to  the  extent  
required by the nature of the disability.
(b)A use to which this paragraph applies is any of the following:
(i)make, or cause to be made, a copy of the relevant work for the  
purpose of modifying the copy;
(ii)access a modified copy of the work which has been modified  
pursuant to subparagraph (i) or supplied pursuant to subsection  
(1);
(iii)supply such modified copy to a designated body.”.
Amendment of Principal Act - insertion of sections 104A and 104B
27.The Principal Act is amended by the insertion of the following sections after section 104:
“Circumstances in which section 104 shall not apply
104A.(1) Section 104 shall not apply to a relevant work where —
(a)there  is  a  licensing  scheme  certified  under  section  173  that  is  
applicable to section 104 in so far as that work is concerned, and
(b)the designated body or person with a disability making, or causing  
to be made, a modified copy of that work knew or ought to have  
been aware of the existence of the licensing scheme.
(2)Any  terms  of  a  licence  granted  on  foot  of  the  licensing  scheme  
referred to in subsection (1) that purports to restrict the obligation  
imposed under section 104B(1) on the publisher of that work shall be  
unenforceable.
Electronic form of relevant work
104B.(1)Subject  to  subsection  (3),  the  publisher  of  a  relevant  work  first  
published in the State on or after the commencement of section 27 of 
the  Copyright and Other Intellectual Property Law Provisions Act  
2019 shall make or cause to be made at least one electronic form of the  
21PT.2 S.27 [No. 19.]Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
work which complies with the requirements of subsection (2) unless  
the publisher already has, in the publisher’s possession, custody or  
control, at least one electronic form of the work which complies with  
those requirements.
(2)The electronic form of the relevant work shall enable copies of the  
work to be made—
(a)without undue difficulty,
(b)which are easily navigated, and
(c)which are capable of being modified.
(3)A designated body may make a relevant request of the publisher of a  
relevant work to which subsection (1) applies to deliver, within one  
month of the publisher’s receipt of the request, the relevant material in  
respect of the work, and the publisher shall, subject to subsection (4),  
comply with that request.
(4)The publisher of a relevant work who is the subject of a relevant  
request may, by notice in writing given to the designated body which  
made  the  request,  decline  to  comply  with  the  request  until  the  
publisher  receives  a payment  to  cover  the  reasonable  costs  of  the  
publisher that would be incurred in complying with the request.
(5)Where a publisher fails to comply with this section he or she shall be  
guilty of an offence and shall be liable on summary conviction to a  
class E fine.
(6)In this section—
‘relevant request’ means a request in writing that the publisher deliver,  
in the manner specified in the request, the relevant material —
(a)in such digital or electronic or other technological form specified in  
the request and to the address (which may be an electronic address)  
specified in the request, or
(b)by permitting the designated body to access the relevant material;
‘relevant material’ means the electronic form of a relevant work and  
any  other  material  required  to  ensure  that  such  electronic  form  
complies with subsection (2).”.
Amendment of section 173 of Principal Act
28.Section 173 of the Principal Act is amended —
(a)in subsection (1), by the substitution of “, 57C” for “, 57”, and
(b)in subsection (3), by the substitution of “, 57C” for “, 57”.
22[2019.] Copyright and Other [No. 19.] PT.2
Intellectual Property Law Provisions Act 2019.
Amendment of section 198 of Principal Act
29.Section  198  of  the  Principal  Act  is  amended  by  the  substitution  of  the  following  
subsections for subsection (4):
“(4)Where, on or after the commencement of section 29 of the Copyright 
and Other Intellectual Property Law Provisions Act 2019 , subsection 
(1) applies to the publisher of a book referred to in that subsection, a  
Board or authority referred to in that subsection may, by notice in  
writing given to the publisher, request that the copy or copies of the  
book that the Board or authority is entitled to have delivered to it  
under that subsection be delivered to it in physical form or electronic  
form, or both, and the publisher shall comply with that request unless  
the publisher has already given the copy or copies in the form or forms  
requested before the publisher received that notice.
(4A) (a)Where,  on  or  after  the  commencement  of  section  29 of  the 
Copyright  and  Other  Intellectual  Property  Law  Provisions  Act  
2019,  a  digital  publication  is  first  published  in  the  State  by a  
publisher, a Board or authority referred to in subsection (1) may, by  
notice in writing given to the publisher, request that the publisher  
comply with that subsection, in so far as that subsection relates to  
the  Board  or  authority  making  the  request,  as  if  the  digital  
publication  were  a  book  referred  to  in  that  subsection  and  the  
publisher shall comply with that request and subsection (2) shall be  
construed accordingly.
(b)In  paragraph  (a),  ‘digital  publication’  means  any  publication  
published online or offline which is made available to the public in  
a medium other than print (including any publication in any digital  
or electronic or other technological form, but does not include any  
sound recording or film or any combination thereof).”.
Fair dealing with performances, etc.
30.The Principal Act is amended by the substitution of the following section for section 221:
“221.(1)Fair dealing with a performance or recording for the purposes of —
(a)criticism or review, of that or another performance or recording, or  
of a work,
(b)reporting current events, or
(c)education, research or private study,
shall not infringe any of the rights conferred by this Part.
(2)Fair dealing with a recording of a performance for the purposes of  
caricature, parody or pastiche shall not infringe the copyright in that  
work.
23PT.2 S.30 [No. 19.]Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
(3)In this Part, ‘fair dealing’ means the making use of a performance or  
recording which has been lawfully made available to the public for a  
purpose and to an extent which will not unreasonably prejudice the  
interests  of  the  rightsowner  where  such  use  is  accompanied  by a  
sufficient acknowledgement.”.
Amendment of Principal Act - insertion of sections 225A to 225D
31.The Principal Act is amended by the insertion of the following sections after section 225:
“Text and data mining for non-commercial research
225A.(1)Subject to subsection (3), the making of a copy of a performance or  
recording by a person who has lawful access to the performance or  
recording does not infringe any of the rights conferred by this Part  
where the copy is—
(a)made  in  order  that  the  person  may  carry  out  a  computational  
analysis of anything in the work for the sole purpose of research for  
a non-commercial purpose, and
(b)accompanied by a sufficient acknowledgement.
(2)A copy made  under  subsection  (1)  of  a  performance  or  recording  
which was, at the time when the copy was made, available without a  
restriction as to its access does not infringe copyright, and whether or  
not that work continues to be so available after that time.
(3)Where a copy of a performance or recording has been made under  
subsection  (1)  by  a  person,  the  copyright  in  the  performance  or  
recording is infringed where the copy —
(a)is transferred to any other  person, except  where  the  transfer is  
authorised by the copyright owner, or
(b)is  used  for  any  purpose  other  than  the  purpose  referred  to  in  
subsection (1)(a).
(4)Without  prejudice  to  section  374,  nothing  in  Part  VII  shall  be  
construed as operating to prevent any person from undertaking an act  
permitted by this section.
(5)Without  prejudice  to  the  generality  of  section  52(1),  where  the  
publication of the results of a computational analysis referred to in  
subsection (1)(a) of a copy of a performance or recording includes the  
reproduction  of  extracts  from  the  performance  or  recording,  such  
inclusion shall constitute inclusion in an incidental manner referred to  
in  section  52(1)  if  the  extracts  are  not  more  than  are  reasonably  
necessary to  explain,  or  to  assist  in  explaining,  the  results  of  the  
analysis.
24[2019.] Copyright and Other [No. 19.] PT.2 S.31
Intellectual Property Law Provisions Act 2019.
Illustration for education, teaching or scientific research
225B.(1)Subject to subsections (2) to (5), it is not an infringement of the rights  
conferred by this Part —
(a)to make or to cause to be made a copy or communication of a  
recording of a performance for the sole purpose of illustration for  
education,  teaching  or  scientific  research  or  of  preparation  for  
education, teaching or scientific research, or
(b)without  prejudice  to  the  generality  of  paragraph  (a),  for  an  
educational  establishment,  for  the  educational  purposes  of  that  
establishment,  to  copy or  cause  to  be  copied  a  recording  of  a  
performance, or to do or to cause to be done any other reasonably  
necessary act in order to display it.
(2)Subsection (1) shall not apply unless the copy or communication is —
(a)made  for  purposes  that  are  neither  directly  nor  indirectly  
commercial,
(b)made only to an extent reasonably justified by the non-commercial  
purposes referred to in paragraph (a), and
(c)accompanied by a sufficient acknowledgement.
(3)Subsection (1) shall not apply if —
(a)the recording being copied or communicated is an infringement of  
the rights conferred by this Part, and
(b)the person making the copy or communication or causing it to be  
made did not have reasonable grounds to believe that the recording  
was not such an infringement.
(4)Where a copy which would otherwise be an illicit recording is made  
under this section, but is subsequently sold, rented or lent, or offered  
or exposed for sale, rental or loan, or otherwise made available to the  
public, it shall be treated as an illicit recording for those purposes and  
for all subsequent purposes.
(5)Subsection  (1)  shall  not  apply  if  the  recording  is  commercially  
available in the State —
(a)in a medium that is appropriate for any purpose referred to in that  
subsection,
(b)by or with the authority of the owner of the rights in that recording,
(c)on commercial terms no less favourable than those that apply to the  
recording  in  a  medium  other  than  the  medium  referred  to  in  
paragraph (a), and
25PT.2 S.31 [No. 19.]Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
(d)in sufficient supply to meet the likely demand for that recording in  
the medium referred to in paragraph (a).
Distance learning provided by educational establishment
225C.(1)Subject to subsections (2) and (3), it is not an infringement of the  
rights conferred by this Part for —
(a)an educational establishment, for the educational purposes of that  
establishment, to communicate a recording of a performance, sound  
recording, film, broadcast or cable programme as part of a lesson or  
examination  to  a  student  of  that  establishment  by  
telecommunication, and
(b)a student who has received such a lesson or examination to make a  
copy of  such  recording, film,  broadcast  or  cable  programme  in  
order to be able to listen to or view it at a more convenient time.
(2)Subsection (1) shall not apply if —
(a)the  recording,  film,  broadcast  or  cable  programme  being  
communicated or copied is an infringement of the rights conferred  
by this Part, and
(b)the person making the communication or copy or causing it to be  
made did not have reasonable grounds to believe that the recording,  
film, broadcast or cable programme was not such an infringement.
(3)Where a copy which would otherwise be an illicit recording is made  
under this section but is subsequently sold, rented or lent, or offered or  
exposed for sale, rental or loan, or otherwise made available to the  
public, it shall be treated as an illicit recording for those purposes and  
for all subsequent purposes.
Use by educational establishment of recording of performance available  
through the Internet
225D.(1)Subject  to  subsection  (2),  it  is  not  an  infringement  of  the  rights  
conferred  by  this  Part  for  an  educational  establishment,  for  the  
educational purposes of that establishment, to copy or communicate a  
recording of a performance that is available through the Internet if that  
copy  or  communication  is  accompanied  by  a  sufficient  
acknowledgement.
(2)Subsection (1) shall not apply if —
(a)the recording is protected by a technological protection measure,
(b)the educational establishment knew or ought to have been aware  
that the recording was made available through the Internet without  
the consent of the copyright owner, or
(c)a  clearly  visible  notice,  and  not  merely  the  copyright  symbol,  
prohibiting  the  copying  or  communication  of  the  recording  is  
26[2019.] Copyright and Other [No. 19.] PT.2 S.31
Intellectual Property Law Provisions Act 2019.
posted  on  the  Internet  website  concerned  or  on  the  recording  
itself.”.
Amendment of section 233 of Principal Act
32.Section 233 of the Principal Act is amended —
(a)in subsection (2), by the substitution of “Subsection (1) shall apply to copying  
conducted for  the curatorial  purposes specified in  that  subsection”  for  “This  
section shall apply to copying conducted for the curatorial purposes specified in  
subsection (1)”, and
(b)by the insertion of the following subsections:
“(3)Subject to subsection (4), the librarian or archivist of a prescribed  
library or prescribed archive may, where the prescribed conditions are  
complied with, make a copy of a recording of a performance in the  
permanent collection of the library or archive for the purposes of —
(a)compiling or preparing a catalogue, or
(b)publishing  an  image  or  clip  from the  recording  in  a  catalogue  
relating to an exhibition,
without infringing any copyright in that recording.
(4)Subsection (3) shall apply to copying —
(a)conducted for the curatorial purposes referred to in that subsection,
(b)to an extent reasonably justified by the non-commercial purpose to  
be achieved, and
(c)accompanied by a sufficient acknowledgement.”.
Fair dealing by librarians and archivists
33.The Principal Act is amended by the insertion of the following section after section 235:
“235A.(1)Without  prejudice  to  the  generality  of  section  50(1),  the  
communication, by a librarian or archivist of a prescribed library or  
prescribed  archive,  to  members  of  the  public  of  recordings  of  
performances in the permanent collection of the library or archive, by  
dedicated terminals on the premises of the library or archive, shall  
constitute  fair  dealing  with  the  recording  for  the  purposes  of  that  
section where the communication is —
(a)undertaken for the sole purpose of education, teaching, research or  
private study, and
(b)accompanied by a sufficient acknowledgement.
(2)Without prejudice to the generality of section 50(1) but subject to  
subsection (3), the brief and limited display of a still image or very  
27PT.2 S.33 [No. 19.]Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
short  clip  from  a  recording  of  a  performance  in  the  permanent  
collection of a prescribed library or prescribed archive —
(a)either—
(i)in that library or another prescribed library or in that archive or  
another prescribed archive, or
(ii)by the librarian or archivist of the first-mentioned library or  
archive, by another person acting under the authority of that  
librarian or archivist,
and
(b)during a public lecture given —
(i)in that library or another prescribed library or in that archive or  
another prescribed archive,
(ii)by the librarian or archivist of the first-mentioned library or  
archive or by another person acting under the authority of that  
librarian or archivist,
shall constitute fair dealing for the purposes of section 50(1).
(3)Subsection (2) shall not apply unless the communication or display  
is—
(a)undertaken for the sole purpose of education, teaching, research or  
private study where such purpose is neither directly nor indirectly  
commercial, and
(b)accompanied by a sufficient acknowledgement.
(4)The communication through the Internet or otherwise of the display  
referred  to  in  subsection  (2)  shall  constitute  fair  dealing  for  the  
purposes of section 50(1) where the display is —
(a)undertaken for the sole purpose of education, teaching, research or  
private study where such purpose is neither directly nor indirectly  
commercial, and
(b)accompanied by a sufficient acknowledgement.”.
Amendment of section 370 of Principal Act
34.Section  370  of  the  Principal  Act  is  amended  by  the  substitution  of  the  following  
subsection for subsection (2):
“(2)A person who lawfully makes available to the public or re-utilises the  
copies referred to in subsection (1) has the same rights and remedies  
as the rightsowner has in respect of an infringement of any of his or  
her rights under this Act against a person who —
28[2019.] Copyright and Other [No. 19.] PT.2 S.34
Intellectual Property Law Provisions Act 2019.
(a) (i)makes,
(ii)sells, rents or lends, or offers or exposes for sale, rental or loan,
(iii)imports into the State, or
(iv)has in his or her possession, custody or control,
a protection-defeating device, knowing or having reason to believe  
that it has been or is to be used to circumvent rights protection  
measures,
(b)provides information, or offers or performs any service, intended to  
enable or assist persons to circumvent rights protection measures,  
or
(c)circumvents rights protection measures in a work otherwise than  
with the agreement of the rightsowner or pursuant to section 374.”.
Rights protection measures and permitted acts
35.The Principal Act is amended by the substitution of the following section for section 374:
“374.(1)Nothing in this Chapter shall be construed as operating to prevent any  
person from undertaking any act permitted (in this section referred as  
‘the permitted act’)—
(a)in relation to works protected by copyright under Chapter 6 of Part  
II, by that Chapter 6,
(b)in relation to performances, by Chapter 4 of Part III, or
(c)in relation to databases, by Chapter 8 of Part V .
(2)Where the beneficiary is legally entitled to access the protected work  
or subject-matter concerned, the rightsowner or licensee shall make  
available to the beneficiary the means of benefiting from the permitted  
act, save where other copies of such work or other subject-matter have  
been  made  available  to  the  public  on  reasonable  and  agreed  
contractual terms by, or with the authority of, the rightsowner, in a  
form which does not prevent or unreasonably restrict the beneficiary  
from undertaking the permitted act.
(3)Where a technological protection measure has prevented a person (in  
this  section  referred  to  as  ‘the  complainant’)  from undertaking  in  
respect of a work the permitted act, the complainant may request the  
owner or licensee of the rights in that work (in this section referred to  
as ‘the respondent’) to provide an effective means of carrying out that  
act.
(4)Where,  within  a  period  of  30  working  days  from the  date  of  the  
request, the respondent declines or fails to provide such an effective  
means of allowing the complainant to undertake in respect of the work  
29PT.2 S.35 [No. 19.]Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
the permitted act, the complainant may apply to the appropriate court  
for an order directing the permitted act.”.
Amendment of section 375 of Principal Act
36.Section 375 of the Principal Act is amended —
(a)by the substitution of the following subsection for subsection (1):
“(1) (a)The  rightsowner  or  exclusive  licensee  has  the  same  rights  in  
respect  of  an  infringement  of  copyright  or  related  rights  
notwithstanding that he or she is  not the person issuing to the  
public copies of, or communicating, the work to the public.
(b)A person  lawfully issuing  to  the  public  copies  of,  or  lawfully  
communicating to the public, the work has the same rights as the  
rightsowner has in respect of an infringement of copyright.”,
and
(b)in subsection (2), by the substitution of “, embedded in, or appear in connection  
with, or are otherwise associated with or incorporated in,” for “or appear in  
connection with”.
Amendment of section 376 of Principal Act
37.Section  376  of  the  Principal  Act  is  amended  in  subsection  (1),  by the  insertion  of  
“commit,” after “alteration is to”.
Certain acts infringe rights of rightsowner of rights management information
38.The Principal Act is amended by the insertion of the following section after section 376:
“377.It is an infringement of the rights of the rightsowner of rights management  
information for a person to —
(a)remove or alter that information from copies of copyright works,  
copies  of  recordings  of  performances  or  copies  of  databases  
knowing or having reason to believe that the primary purpose or  
effect of such removal or alteration is to commit, induce, enable,  
facilitate or conceal an infringement of any right conferred by this  
Act,
(b)make available to the public copies of copyright works or copies of  
recordings  of  performances  or  re-utilise  copies  of  databases,  
referred to in paragraph (a), knowing or having reason to believe  
that rights management information has been removed or altered  
from those copies, or
(c) (i)sell, rent or lend, or offer or expose for sale, rental or loan,
(ii)import into the State, or
30[2019.] Copyright and Other [No. 19.] PT.2 S.38
Intellectual Property Law Provisions Act 2019.
(iii)in the course of a business, trade or profession, have in his or  
her possession, custody or control,
copies of copyright works, copies of recordings of performances or  
copies of databases, referred to in paragraph (a), knowing or having  
reason  to  believe  that  rights  management  information  has  been  
removed or altered from those copies.”.
Amendment of First Schedule to Principal Act
39.The First Schedule to the Principal Act is amended in paragraph 9(1), by the insertion of  
“which have been made available to the public and” after “duration of copyright in  
works”.
CHAPTER 3
Consequential amendments
Amendment of section 77 of  The Courts of Justice Act 1924
40.Section 77 of the  The Courts of Justice Act 1924  is amended in paragraph A, by the  
insertion of the following clause after clause (v):
“(vi)in an intellectual property claim within the meaning of section 2  
of the Copyright and Related Rights Act 2000  where the amount 
of the claim does not exceed such sum as stands specified by or  
under any Act of the Oireachtas to be the jurisdiction of the  
District Court for actions in contract.”.
Amendment of Third Schedule to Courts (Supplemental Provisions) Act 1961
41.The Third Schedule to the Courts (Supplemental Provisions) Act 1961  is amended by the 
insertion of the following after reference number 29:
“
30.
 
 
 
 An intellectual property  
claim within the meaning of  
section 2 of the Copyright 
and Related Rights Act  
2000.Where the amount of  
the claim exceeds 
€75,000.The judge of the 
circuit where the 
defendant or one of 
the defendants resides  
or carries on business.
”.
Amendment of Patents Act 1992
42.The Patents Act 1992 is amended—
(a)in section 2(1)—
(i)by the  substitution  of  the  following definition  for  the  definition  of  “the  
Controller”:
31PT.2 S.42 [No. 19.]Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
“ ‘Controller’ means the Controller of Intellectual Property;”,
and
(ii)by the  substitution  of  the  following definition  for  the  definition  of  “the  
Office”:
“ ‘Office’ means the Intellectual Property Office of Ireland;”,
(b)in section 6, by the insertion of the following subsections after subsection (4):
“(5)The Patents Office continued in being by this section shall, from the  
commencement of section 42 of the Copyright and Other Intellectual  
Property Law Provisions Act 2019 , cease to be known as the Patents  
Office and instead be known as the Intellectual Property Office of  
Ireland.
(6)The  Controller  of  Patents,  Designs  and  Trade  Marks  continued  in  
being by this section shall, from the commencement of section 42 of 
the  Copyright and Other Intellectual Property Law Provisions Act  
2019, cease to be known as the Controller of Patents, Designs and  
Trade Marks and instead be known as the Controller of Intellectual  
Property.”,
(c)in section 31(1), by the deletion of “, following the substantive examination and  
investigation carried out in pursuance of section 29(5) or 30(5),”,
(d)in section 127—
(i)in subsection (1), by the insertion of “and shall, subject to section 127A, also  
be capable of being treated as an application for a patent under Part II” after  
“European patent designating the State”,
(ii)in subsection (5), by the insertion of “designates the European Patent Office  
and” after “which”, and
(iii)in subsection (6), by the insertion of “designates the European Patent Office  
and” after “which”,
and
(e)by the insertion of the following section:
“Circumstances in which international application for patent designating  
State shall be treated as application for patent under Part II
127A.(1)If an international application for a patent which designates the State  
is refused a filing date under the Treaty and following a request made  
in  the  prescribed  manner  and  within  the  prescribed  period,  the  
Controller  determines  that  the  refusal  was  caused  by  an  error  or  
omission in an institution having functions under the Treaty, he may  
direct that the application shall be treated as an application under Part  
II, having such date of filing as he may direct.
32[2019.] Copyright and Other [No. 19.] PT.2 S.42
Intellectual Property Law Provisions Act 2019.
(2)Subject to compliance with the prescribed conditions, an international  
application for a patent which designates the State shall be treated as  
an application under Part II if —
(a)the applicant withdraws the international application at any time  
prior to the expiration of 31 months from the filing date or the  
priority date of the application, whichever is the earlier, and the  
international processing procedures in the international phase are  
discontinued,
(b)the  International  Bureau  determines,  for  any  reason,  that  the  
international application or the designation of the State in it, is  
withdrawn or considered withdrawn,
(c)the international application is considered to be withdrawn on the  
ground that it has not, within the period prescribed by Article 20 (as  
that Article is construed in accordance with Rule 47 of the Treaty  
Regulations), 22(1) or 39(1) of the Treaty, been received by the  
European Patent Office, or
(d)the applicant decides, at any time prior to the expiration of 31  
months from the filing date or the priority date of the international  
application  designating  the  State,  whichever  is  the  earlier,  to  
request the Controller to treat the international application as a  
patent application under Part II.
(3)Subject to compliance with the prescribed conditions, an international  
application  for  a  patent  designating  the  State  which  has,  under  
subsection (1) or (2), ceased to be deemed to be an application for a  
European patent designating the State shall, upon that cesser taking  
effect, be treated as an application under Part II.
(4)Subsection  (5)  applies  to  an  international  application  for  a  patent  
designating the State which is treated as an application for a patent  
under Part II.
(5)An application for an international patent designating the State which  
has been published by the International Bureau in accordance with the  
Treaty in a language other than Irish or English shall be treated, for the  
purposes of sections 56 and 66(3), as published under section 28 when  
a translation into Irish or English of the claims of the application have  
been filed and published by the Office.
(6)Article 2 of the Treaty shall apply to the interpretation of this section  
as that Article applies to the interpretation of the Treaty.
(7)In this section, ‘Treaty Regulations’ means the Regulations under the  
Treaty as such Regulations are in force from 1 July 2016.”.
33PT.2 [No. 19.] Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
Amendment of section 2 of Trade Marks Act 1996
43.Section 2 of the Trade Marks Act 1996  is amended in subsection (1) —
(a)by  the  substitution  of  the  following  definition  for  the  definition  of  “the  
Controller”:
“ ‘Controller’ means the Controller of Intellectual Property;”,
and
(b)by the substitution of the following definition for the definition of “the Office”:
“ ‘Office’ means the Intellectual Property Office of Ireland;”.
Amendment of section 2 of Industrial Designs Act 2001
44.Section  2 of  the  Industrial  Designs  Act  2001  is  amended  in  subsection  (1),  by the  
substitution of the following definition for the definition of “Controller”:
“ ‘Controller’ means the Controller of Intellectual Property;”.
CHAPTER 4
Miscellaneous amendments of Principal Act in relation to education and fines
Miscellaneous amendments of Principal Act in relation to education
45.(1)The provision of the Principal Act specified in column (2), opposite a reference  
number specified in column (1), is amended by the substitution of the words specified  
in column (4), opposite that reference number, for the words specified in column (3)  
opposite that reference number.
(2)In subsection (1), a reference to a column is a reference to the column of the Table set  
out in Schedule 1.
Miscellaneous amendments of Principal Act in relation to fines
46.(1)The provision of the Principal Act specified in column (2), opposite a reference  
number specified in column (1), is amended by the substitution of the words specified 
in column (4), opposite that reference number, for the words specified in column (3)  
opposite that reference number.
(2)In subsection (1), a reference to a column is a reference to the column of the Table set  
out in Schedule 2.
34[2019.] Copyright and Other [No. 19.] 
Intellectual Property Law Provisions Act 2019.
PART 3
AMENDMENT OF PA TENTS ACT 1992 IN RELA TION TO COURTS AND FINES
CHAPTER 1
Definition
Definition
47.In this Part and Schedule 3, “Act of 1992” means the Patents Act 1992.
CHAPTER 2
Miscellaneous amendments of Act of 1992 in relation to courts
Amendment of section 2 of Act of 1992
48.Section 2 of the Act of 1992 is amended in subsection (1) —
(a)by the deletion of the definition of “the Court”,
(b)in the definition of “prescribed”, by the substitution of “the appropriate court” for  
“the Court”, and
(c)by the insertion of the following definition:
“ ‘appropriate court’ means —
(a)the District Court, where the damages or the value of the other  
relief sought in any action to which the application relates is not  
liable to exceed such sum as stands specified by an enactment to be  
the jurisdiction of the District Court for actions in contract or tort,
(b)the Circuit Court, where the damages or the value of the other relief  
sought in any action to which the application relates is not liable to  
exceed such sum as stands specified by an enactment to be the  
jurisdiction of the Circuit Court for actions in contract or tort, and
(c)in any other case, the High Court;”.
Amendment of section 38 of Act of 1992
49.Section 38 of the Act of 1992 is amended in subsections (1), (2), (5), (6) and (7) by the  
substitution of “appropriate court” for “Court” in each place that it occurs.
Amendment of section 45 of Act of 1992
50.Section  45  of  the  Act  of  1992  is  amended  in  subsection  (3)  by the  substitution  of  
“appropriate court” for “Court”.
35PT.3 [No. 19.] Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
Amendment of section 46 of Act of 1992
51.Section 46 of the Act of 1992 is amended in subsections (2) and (3) by the substitution of  
“appropriate court” for “Court” in each place that it occurs.
Amendment of section 47 of Act of 1992
52.Section 47 of the Act of 1992 is amended in subsections (1) and (2) by the substitution of  
“High Court” for “Court” in each place that it occurs.
Amendment of section 49 of Act of 1992
53.Section 49 of the Act of 1992 is amended in subsections (2) and (3) by the substitution of  
“High Court” for “Court”.
Amendment of section 50 of Act of 1992
54.Section 50 of the Act of 1992 is amended —
(a)in subsections (1), (2) and (3), by the substitution of “High Court” for “Court” in  
each place that it occurs, and
(b)in subsection (4)—
(i)by the substitution of “The High Court” for “The Court”, and
(ii)by the substitution of “High Court’s” for “Court’s”.
Amendment of section 51 of Act of 1992
55.Section 51 of the Act of 1992 is amended in subsection (1) by the substitution of “High  
Court” for “Court”.
Amendment of section 52 of Act of 1992
56.Section 52 of the Act of 1992 is amended in subsections (1) and (2) by the substitution of  
“High Court” for “Court” in each place that it occurs.
Amendment of section 53 of Act of 1992
57.Section 53 of the Act of 1992 is amended in subsection (1) by the substitution of “High  
Court” for “Court”.
Amendment of section 54 of Act of 1992
58.Section 54 of the Act of 1992 is amended in subsections (1) and (2) by the substitution of  
“High Court” for “Court”.
Amendment of section 56 of Act of 1992
59.Section 56 of the Act of 1992 is amended in subsections (1) and (3) by the substitution of  
36[2019.] Copyright and Other [No. 19.] PT.3 S.59
Intellectual Property Law Provisions Act 2019.
“appropriate court” for “Court” in each place that it occurs.
Amendment of section 57 of Act of 1992
60.Section 57 of the Act of 1992 is amended in subsections (1), (2), (5) and (6) by the  
substitution of “High Court” for “Court” in each place that it occurs.
Amendment of section 59 of Act of 1992
61.Section  59  of  the  Act  of  1992  is  amended  in  subsections  (1),  (2)  and  (3)  by the  
substitution of “High Court” for “Court” in each place that it occurs.
Amendment of section 62 of Act of 1992
62.Section 62 of the Act of 1992 is amended by the substitution of “appropriate court” for  
“Court” in each place that it occurs.
Amendment of section 66 of Act of 1992
63.Section 66 of the Act of 1992 is amended by the substitution of the following subsection  
for subsection (5):
“(5)References to the High Court in sections 47, 49, 50, 51, 52 and 54 in  
relation to an action for infringement of a short-term patent shall be  
construed as including references to the Circuit Court.”.
Amendment of section 74 of Act of 1992
64.Section 74 of the Act of 1992 is amended in subsection (3), by the substitution of “High  
Court” for “Court” in each place that it occurs.
Amendment of section 77 of Act of 1992
65.Section  77  of  the  Act  of  1992  is  amended  in  subsection  (6)  by the  substitution  of  
“appropriate court” for “Court” in each place that it occurs.
Amendment of section 81 of Act of 1992
66.Section  81  of  the  Act  of  1992  is  amended  in  subsections  (1),  (2)  and  (4)  by the  
substitution of “appropriate court” for “Court” in each place that it occurs.
Amendment of section 82 of Act of 1992
67.Section  82  of  the  Act  of  1992  is  amended  in  subsection  (1)  by the  substitution  of  
“appropriate court” for “Court”.
37PT.3 [No. 19.] Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
Amendment of section 86 of Act of 1992
68.Section 86 of the Act of 1992 is amended in subsections (1), (2), (3), (4), (5), (6) and (7)  
by the substitution of “High Court” for “Court” in each place that it occurs.
Amendment of section 91 of Act of 1992
69.Section 91 of the Act of 1992 is amended in subsection (2) by the substitution of “High  
Court” for “Court” in each place that it occurs.
Amendment of section 92 of Act of 1992
70.Section 92 of the Act of 1992 is amended in subsection (5) by the substitution of “High  
Court” for “Court”.
Amendment of section 95 of Act of 1992
71.Section 95 of the Act of 1992 is amended —
(a)in subsection (1), by the substitution of “appropriate court” for “Court” in each  
place that it occurs, and
(b)in subsection (3), by the substitution of “by the appropriate court” for “by the  
Court”.
Amendment of section 96 of Act of 1992
72.Section 96 of the Act of 1992 is amended —
(a)in subsections (1), (3) and (4) by the substitution of “High Court” for “Court”,
(b)in subsection (5) by the substitution of “the High Court” for “the Court”,
(c)in subsection (6)(a) by the substitution of “High Court” for “Court” in each place  
that it occurs, and
(d)in subsection (7) by the substitution of “the High Court” for “the Court”.
Amendment of section 101 of Act of 1992
73.Section 101 of the Act of 1992 is amended by the substitution of “appropriate court” for  
“Court”.
Amendment of section 106 of Act of 1992
74.Section 106 of the Act of 1992 is amended in subsections (4) and (8) by the substitution  
of “appropriate court” for “Court” in each place that it occurs.
Amendment of section 108 of Act of 1992
75.Section 108 of the Act of 1992 is amended —
38[2019.] Copyright and Other [No. 19.] PT.3 S.75
Intellectual Property Law Provisions Act 2019.
(a)in subsections (4) and (6) by the substitution of “High Court” for “Court” in each  
place that it occurs, and
(b)in subsection (7) by the substitution of “the High Court” for “the Court” in each  
place that it occurs.
Amendment of section 119 of Act of 1992
76.Section 119 of the Act of 1992 is amended in subsection (3) by the substitution of  
“appropriate court” for “Court” in each place that it occurs.
Amendment of section 121 of Act of 1992
77.Section 121 of the Act of 1992 is amended in subsection (1) by the substitution of  
“appropriate court” for “Court”.
Amendment of section 123 of Act of 1992
78.Section 123 of the Act of 1992 is amended —
(a)in subsection (1) by the substitution of “High Court” for “Court”,
(b)in subsections (3) and (4) by the substitution of “the High Court” for “the Court”,
(c)in subsection (5) by the substitution of “High Court” for “Court” in each place  
that it occurs,
(d)in subsection (6) by the substitution of “the High Court” for “the Court” in each  
place that it occurs, and
(e)in subsection (7)(b) by the substitution of “High Court” for “Court”.
Amendment of section 124 of Act of 1992
79.Section 124 of the Act of 1992 is amended —
(a)in subsection (1) by the substitution of “the High Court” for “the Court”, and
(b)in subsection (2) by the substitution of “The High Court” for “The Court”.
Amendment of section 130 of Act of 1992
80.Section 130 of the Act of 1992 is amended in subsection (2) by the substitution of  
“appropriate court” for “Court”.
Amendment of section 131 of Act of 1992
81.Section 131 of the Act of 1992 is amended in paragraph (a) by the substitution of “the  
appropriate court” for “the Court” in each place that it occurs.
39PT.3 [No. 19.] Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
CHAPTER 3
Miscellaneous amendments of Act of 1992 in relation to fines
Miscellaneous amendments of Act of 1992 in relation to fines
82.(1)The provision of the Act of 1992 specified in column (2), opposite a reference number  
specified in column (1), is amended by  the substitution of the words specified in  
column (4), opposite that reference number, for the words specified in column (3)  
opposite that reference number.
(2)In subsection (1), a reference to a column is a reference to the column of the Table set  
out in Schedule 3.
PART 4
AMENDMENT OF TRADE MARKS ACT 1996 IN RELATION TO COURTS AND FINES
CHAPTER 1
Definition
Definition
83.In this Part and Schedule 4, “Act of 1996” means the Trade Marks Act 1996 .
CHAPTER 2
Miscellaneous amendments of Act of 1996 in relation to courts
Amendment of section 2 of Act of 1996
84.Section 2 of the Act of 1996 is amended in subsection (1) —
(a)by the deletion of the definition of “the Court”,
(b)in the definition of “prescribed”, by the substitution of “the appropriate court” for  
“the Court”, and
(c)by the insertion of the following definition:
“ ‘appropriate court’ means —
(a)the District Court, where the damages or the value of the other  
relief sought in any action to which the application relates is not  
liable to exceed such sum as stands specified by an enactment to be  
the jurisdiction of the District Court for actions in contract or tort,
(b)the Circuit Court, where the damages or the value of the other relief  
sought in any action to which the application relates is not liable to  
40[2019.] Copyright and Other [No. 19.] PT.4 S.84
Intellectual Property Law Provisions Act 2019.
exceed such sum as stands specified by an enactment to be the  
jurisdiction of the Circuit Court for actions in contract or tort, and
(c)in any other case, the High Court;”.
Amendment of section 19 of Act of 1996
85.Section 19 of the Act of 1996 is amended in subsections (1) and (2) by the substitution of  
“appropriate court” for “Court” in each place that it occurs.
Amendment of section 20 of Act of 1996
86.Section  20  of  the  Act  of  1996  is  amended  in  subsections  (1),  (2)  and  (4)  by the  
substitution of “appropriate court” for “Court” in each place that it occurs.
Amendment of section 23 of Act of 1996
87.Section 23 of the Act of 1996 is amended —
(a)in subsections (1) and (2) by the substitution of “appropriate court” for “Court”  
in each place it occurs,
(b)in subsection (3) by the substitution of “the appropriate court” for “the Court”,  
and
(c)in subsections (4) and (5) by the substitution of “appropriate court” for “Court”.
Amendment of section 24 of Act of 1996
88.Section  24  of  the  Act  of  1996  is  amended  in  subsection  (1)  by the  substitution  of  
“appropriate court” for “Court”.
Amendment of section 29 of Act of 1996
89.Section 29 of the Act of 1996 is amended —
(a)in subsection (2)(e) by the substitution of “the appropriate court” for “a court”,  
and
(b)in subsection (4) by the substitution of “appropriate court” for “Court” in each  
place that it occurs.
Amendment of section 34 of Act of 1996
90.Section 34 of the Act of 1996 is amended in subsections (4) and (6) by the substitution of  
“appropriate court” for “Court” in each place that it occurs.
Amendment of section 36 of Act of 1996
91.Section 36 of the Act of 1996 is amended in subsections (1), (3)(a) and (c), (4) and (5) by  
the substitution of “appropriate court” for “Court” in each place that it occurs.
41PT.4 [No. 19.] Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
Amendment of section 51 of Act of 1996
92.Section 51 of the Act of 1996 is amended in subsections (4) and (6)(b) by the substitution  
of “High Court” for “Court” in each place that it occurs.
Amendment of section 52 of Act of 1996
93.Section 52 of the Act of 1996 is amended in subsections (3) and (4) by the substitution of  
“High Court” for “Court” in each place that it occurs.
Amendment of section 57 of Act of 1996
94.Section 57 of the Act of 1996 is amended in subsection (2)(d) by the substitution of  
“courts” for “Courts”.
Amendment of section 65 of Act of 1996
95.Section 65 of the Act of 1996 is amended in subsection (4) by the substitution of “High  
Court” for “Court”.
Amendment of section 67 of Act of 1996
96.Section 67 of the Act of 1996 is amended in subsections (2) and (3) by the substitution of  
“High Court” for “Court” in each place that it occurs.
Amendment of section 72 of Act of 1996
97.Section  72  of  the  Act  of  1996  is  amended  in  subsections  (1),  (2)  and  (3)  by the  
substitution of “High Court” for “Court” in each place that it occurs.
Amendment of section 77 of Act of 1996
98.Section 77 of the Act of 1996 is amended in subsections (1) and (2) by the substitution of  
“High Court” for “Court” in each place that it occurs.
Amendment of section 78 of Act of 1996
99.Section 78 of the Act of 1996 is amended in subsections (1) and (2) by the substitution of  
“High Court” for “Court” in each place that it occurs.
Amendment of section 79 of Act of 1996
100.Section 79 of the Act of 1996 is amended in subsections (1)(a), (2)(a) and (b) and (3) by  
the substitution of “the High Court” for “the Court” in each place that it occurs.
Amendment of section 80 of Act of 1996
101.Section 80 of the Act of 1996 is amended by the substitution of “any court” for “Courts”.
42[2019.] Copyright and Other [No. 19.] PT.4
Intellectual Property Law Provisions Act 2019.
Amendment of section 85 of Act of 1996
102.Section 85 of the Act of 1996 is amended —
(a)in subsection (5) by the substitution of “High Court” for “Court” in each place  
that it occurs, and
(b)in subsection (8)(b) by the substitution of “appropriate court” for “Court”.
Amendment of section 88 of Act of 1996
103.Section 88 of the Act of 1996 is amended —
(a)in subsections (3), (4) and (5) by the substitution of “High Court” for “Court” in  
each place that it occurs, and
(b)in subsection (6)—
(i)by the substitution of “decision of the High Court” for “decision of the  
Court”, and
(ii)by the substitution of “leave of the High Court” for “leave of the Court”.
Amendment of section 97 of Act of 1996
104.Section 97 of the Act of 1996 is amended in subsection (3) by the substitution of “High  
Court” for “Court”.
Amendment of First Schedule to Act of 1996
105.The First Schedule to the Act of 1996 is amended in paragraph 11(4)(a) and (6) by the  
substitution of “appropriate court” for “Court” in each place that it occurs.
Amendment of Second Schedule to Act of 1996
106.The Second Schedule to the Act of 1996 is amended —
(a)in  paragraph  13(4)(a)  and  (6)  by the  substitution  of  “appropriate  court”  for  
“Court” in each place that it occurs, and
(b)in paragraph 14(3) by the substitution of “High Court” for “Court”.
CHAPTER 3
Miscellaneous amendments of Act of 1996 in relation to fines
Miscellaneous amendments of Act of 1996 in relation to fines
107.(1)The provision of the Act of 1996 specified in column (2), opposite a reference number  
specified in column (1), is amended by  the substitution of the words specified in  
column (4), opposite that reference number, for the words specified in column (3)  
opposite that reference number.
43PT.4 S.107 [No. 19.]Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
(2)In subsection (1), a reference to a column is a reference to the column of the Table set  
out in Schedule 4.
PART 5
DIGITAL LEGAL DEPOSIT SCHEME
Digital legal deposit scheme
108.Within twelve months of the enactment of this Act the Government shall bring forward a  
report on the feasibility of establishing a digital legal deposit scheme to serve as a web  
archive for .ie domain contents and advise on steps taken towards that goal.
44[2019.] Copyright and Other [No. 19.] 
Intellectual Property Law Provisions Act 2019.
SCHEDULE 1
Section 45
MISCELLANEOUS AMENDMENTS OF PRINCIPAL ACT IN RELA TION TO EDUCATION
Table
Reference 
No.
(1)Provision of 
Principal Act
(2)Words to be substituted
 
(3)Substituting words
 
(4)
1
 
 section 53(1) instruction or of 
preparation for 
instructioneducation or of preparation  
for education
 
2section 53(2)(a) instruction education
3
 
 section 53(3) instruction or of 
preparation for 
instructioneducation or of preparation  
for education
 
4section 53(4)(a) instruction education
5section 55(1)(b) instruction education
6section 55(2) instruction education
7section 61(2) research education, research
8section 62(2) research education, research
9section 63(2)(b) instructions education
10section 67(3) research education, research
11section 92(3)(a) research education, research
12section 168(1) instruction education
13section 171(1) instruction education
14section 172(1) instruction education
15
 
 
 
 section 223(1) instruction or preparation  
for instruction where the  
copying is done by or on  
behalf of a person giving  
or receiving instructioneducation or of preparation  
for education where the  
copying is done by or on  
behalf of a person giving or  
receiving education
16section 224(1)(b) instruction education
17section 229(2) research education, research
18section 230(2)(b) instructions education 
19section 234(3) research education, research
20section 245(3)(a) research education, research
21section 329(1) research education, research
22
 
 section 330(1) instruction or of 
preparation for 
instructioneducation or of preparation  
for education
 
23section 330(1)(a) instruction education
 
45 [No. 19.] Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
SCHEDULE 2
Section 46
MISCELLANEOUS AMENDMENTS OF PRINCIPAL ACT IN RELA TION TO FINES
Reference 
No.
(1)Provision of 
Principal Act
(2)Words to be substituted
 
(3)Substituting words
 
(4)
1section 14(5) fine not exceeding £1,500 class C fine
2section 140(7)(a) fine not exceeding £1,500 class C fine
3section 140(7)(b) £100,000 €130,000
4section 140(8)(a) fine not exceeding £1,500 class C fine
5section 140(8)(b) £100,000 €130,000
6section 141 £100,000 €130,000
7section 143(3) fine not exceeding £1,500 class C fine
8section 181(3)(a) fine not exceeding £1,500 class C fine
9section 181(3)(b) £100,000 €130,000
10section 198(9) fine not exceeding £500 class D fine
11section 258(6)(a) fine not exceeding £1,500 class C fine
12section 258(6)(b) £100,000 €130,000
13section 258(7)(a) fine not exceeding £1,500 class C fine
14section 258(7)(b) £100,000 €130,000
15section 259 £100,000 €130,000
16section 261(3) fine not exceeding £1,500 class C fine
17section 262(2) fine not exceeding £1,500 class C fine
18section 286(3)(a) fine not exceeding £1,500 class C fine
19section 286(3)(b) £100,000 €130,000
20section 361(3)(a) fine not exceeding £1,500 class C fine
21section 361(3)(b) £100,000 €130,000
22section 371 fine not exceeding £1,500 class C fine
23section 376(2)(a) fine not exceeding £1,500 class C fine
24section 376(2)(b) £100,000 €130,000
46[2019.] Copyright and Other [No. 19.] 
Intellectual Property Law Provisions Act 2019.
SCHEDULE 3
Section 82
MISCELLANEOUS AMENDMENTS OF ACT OF 1992 IN RELATION TO FINES
Reference 
No.
(1)Provision of Act of 
1992
(2)Words to be substituted
 
(3)Substituting words
 
(4)
1section 92(6) fine not exceeding £1,000 class C fine
2section 106(5) fine not exceeding £500 class D fine
3section 106(5) £1,000 a class C fine
4section 111 fine not exceeding £1,000 class C fine
5section 112(1) fine not exceeding £1,000 class C fine
6section 113 fine not exceeding £500 class D fine
7section 125(4) fine not exceeding £500 class D fine
8section 125(4) £1,000 a class C fine
47 [No. 19.] Copyright and Other [2019.]
Intellectual Property Law Provisions Act 2019.
SCHEDULE 4
Section 107
MISCELLANEOUS AMENDMENTS OF ACT OF 1996 IN RELATION TO FINES
Reference 
No.
(1)Provision of Act 
of 1996
(2)Words to be substituted
 
(3)Substituting words
 
(4)
1section 85(6)fine not exceeding £500 class D fine
2section 85(6)£1,000 a class C fine
3section 92(4)(a)fine not exceeding £1,000 class C fine
4section 92(4)(b)£100,000 €130,000
5section 93(3)(a)fine not exceeding £1,000 class C fine
6section 93(3)(b)£200,000 €255,000
7section 94(3)fine not exceeding £1,000 class C fine
8section 94(3)further fine not exceeding £100 class E fine
9section 97(2)fine not exceeding £1,000 class C fine
10section 97(2)further fine not exceeding £100 class E fine
48