Copyright Act , 1963

PART I. Preliminary and General.

1 Short title and commencement.

1.—(1) This Act may be cited as the Copyright Act, 1963.

(2) This Act shall come into operation on such day as the Minister may by order appoint; and different days may be appointed for the purposes of different provisions of this Act, and, for the purposes of any provision of this Act whereby enactments are repealed, different days may be appointed for the operation of the repeal in relation to different enactments, including different enactments in the same Act.

2 Interpretation generally.

2.—(1) In this Act, except in so far as the context otherwise requires—

“the Act of 1927” means the Industrial and Commercial Property (Protection) Act, 1927;

“adaptation” in relation to a literary, dramatic or musical work, has the meaning assigned to it by section 8 of this Act;

“artistic work” has the meaning assigned to it by section 9 of this Act;

“building” includes any structure;

“cinematograph film” has the meaning assigned to it by section 18 of this Act;

“construction” includes erection, and references to reconstruction shall be construed accordingly;

“Controller” means the Controller of Industrial and Commercial Property appointed under the Industrial and Commercial Property (Protection) Act, 1927;

“dramatic work” includes a choreographic work or entertainment in dumb show if reduced to writing in the form in which the work or entertainment is to be presented, but does not include a cinematograph film, as distinct from a scenario or script for a cinematograph film;

“drawing” includes any diagram, map, chart or plan;

“engraving” includes any etching, lithograph, woodcut, print or similar work not being a photograph;

“future copyright” and “prospective owner” have the meanings assigned to them by section 49 of this Act;

“judicial proceeding” means a proceeding before any court, tribunal or person having by law power to hear, receive and examine evidence on oath;

“literary work” includes any written table or compilation;

“manuscript”, in relation to a work, means the original document embodying the work, whether written by hand or not;

“the Minister” means the Minister for Industry and Commerce;

“performance” includes delivery, in relation to lectures, addresses, speeches and sermons, and in general, subject to the provisions of subsection (5) of this section, includes any mode of visual or acoustic presentation, including any such presentation by the operation of wireless telegraph apparatus, or by the exhibition of a cinematograph film, or by the use of a record, or by any other means, and references to performing a work or an adaptation of a work shall be construed accordingly;

“photograph” means any product of photography or of any process akin to photography, other than a part of a cinematograph film, and “author”, in relation to a photograph, means the person who, at the time when the photograph is taken, is the owner of the material on which it is taken;

“qualified person” has the meaning assigned to it by section 7 of this Act;

“Radio Éireann” means the broadcasting authority established by virtue of section 3 of the Broadcasting Authority Act, 1960;

“record” means any disc, tape, perforated roll or other device in which sounds are embodied so as to be capable (with or without the aid of some other instrument) of being automatically reproduced therefrom, and references to a record of a work or other subject-matter are references to a record (as herein defined) by means of which it can be performed;

“reproduction”, in the case of a literary, dramatic or musical work, includes a reproduction in the form of a record or of a cinematograph film, and, in the case of an artistic work includes a version produced by converting the work into a three-dimensional form, or, if it is in three dimensions, by converting it into a two-dimensional form, and references to reproducing a work shall be construed accordingly;

“sculpture” includes any cast or model made for purposes of sculpture;

“sound recording” has the meaning assigned to it by section 17 of this Act;

“sufficient acknowledgement” has the meaning assigned to it by section 12 of this Act;

“television broadcast” and “sound broadcast” have the meanings assigned to them by section 19 of this Act;

“wireless telegraphy apparatus” has the same meaning as “apparatus for wireless telegraphy” has in the Wireless Telegraphy Act, 1926, as amended by the Broadcasting Authority Act, 1960;

“work of joint authorship” has the meaning assigned to it by section 16 of this Act;

“writing” includes any form of notation, whether by hand or by printing, typewriting or other process.

(2) References in this Act to broadcasting are references to broadcasting by wireless telegraphy (within the meaning of the Wireless Telegraphy Act, 1926, as amended by the Broadcasting Authority Act, 1960) whether by way of sound broadcasting or by television.

(3) References in this Act to the transmission of a work or other subject-matter to subscribers to a diffusion service are references to the transmission thereof in the course of a service of distributing broadcast programmes, or other programmes (whether provided by the person operating the service or other persons), over wires, or other paths provided by a material substance, to the premises of subscribers to the service; and for the purposes of this Act where a work or other subject-matter is so transmitted—

(a) the person operating the service (that is to say, the person who, in the agreements with the subscribers to the service, undertakes to provide them with the service, whether he is the person who transmits the programmes or not) shall be taken to be the person causing the work or other subject-matter to be so transmitted, and

(b) no person, other than the person operating the service, shall be taken to be causing it to be so transmitted, notwithstanding that he provides any facilities for the transmission of the programmes:

Provided that, for the purposes of this subsection, and of references to which this subsection applies, no account shall be taken of a service of distributing broadcast or other programmes, where the service is only incidental to a business of keeping or letting premises where persons reside or sleep, and is operated as part of the amenities provided exclusively or mainly for residents or inmates therein.

(4) References in this Act to the doing of any act by the reception of a television broadcast or sound broadcast made by Radio Éireann are references to the doing of that act by means of receiving the broadcast either—

(a) from the transmission whereby the broadcast is made by Radio Éireann, or

(b) from a transmission made by Radio Éireann otherwise than by way of broadcasting, but simultaneously with the transmission mentioned in the preceding paragraph,

whether (in either case) the reception of the broadcast is directly from the transmission in question or from a re-transmission thereof made by any person from any place, whether in the State or elsewhere; and in this subsection “re-transmission” means any retransmission whether over paths provided by a material substance or not, including any re-transmission made by making use of any record, print, negative, tape or other article on which the broadcast in question has been recorded.

(5) For the purposes of this Act, broadcasting, or the causing of a work or other subject-matter to be transmitted to subscribers to a diffusion service, shall not be taken to constitute performance, or to constitute causing visual images or sounds to be seen or heard; and where visual images or sounds are displayed or emitted by any receiving apparatus, to which they are conveyed by the transmission of electromagnetic signals (whether over paths provided by a material substance or not)—

(a) the operation of any apparatus whereby the signals are transmitted, directly or indirectly, to the receiving apparatus shall not be taken to constitute performance or to constitute causing the visual images or sounds to be seen or heard; but

(b) in so far as the display or emission of the images or sounds constitutes a performance, or causes them to be seen or heard, the performance, or the causing of the images to be seen or heard, as the case may be, shall be taken to be effected by the operation of the receiving apparatus.

(6) (a) Without prejudice to the last preceding subsection, where a work or an adaptation of a work is performed, or visual images or sounds are caused to be seen or heard, by the operation of any apparatus to which this subsection applies, being apparatus provided by or with the consent of the occupier of the premises where the apparatus is situated, the occupier of those premises shall, for the purposes of this Act, be taken to be the person giving the performance, or causing the images or sounds to be seen or heard, whether he is the person operating the apparatus or not.

(b) This subsection applies to any such receiving apparatus as is mentioned in the last preceding subsection, and to any apparatus for reproducing sounds by the use of a record.

(7) Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment.

3 Supplementary provisions as to interpretation.

3.—(1) Except in so far as the context otherwise requires, any reference in this Act to the doing of an act in relation to a work or other subject-matter shall be taken to include a reference to the doing of that act in relation to a substantial part thereof, and any reference to a reproduction, adaptation or copy of a work, or a record embodying a sound recording, shall be taken to include a reference to a reproduction, adaptation or copy of a substantial part of the work, or a record embodying a substantial part of the sound recording, as the case may be:

Provided that, for the purposes of the following provisions of this Act, namely, subsections (1) and (2) of section 8, subsections (2) and (3) of section 9, subsections (2) and (3) of section 44, section 50, and subsections (3) to (5) of section 51, this subsection shall not affect the construction of any reference to the publication, or absence of publication, of a work.

(2) With regard to publication, the provisions of this subsection shall have effect for the purposes of this Act, that is to say—

(a) the performance, or the issue of records, of a literary, dramatic or musical work, the exhibition of an artistic work, the construction of a work of architecture, and the issue of photographs or engravings of a work of architecture or of a sculpture, do not constitute publication of the work;

(b) except in so far as it may constitute an infringement of copyright, or a contravention of any restriction imposed by section 54 of this Act, a publication which is merely colourable, and not intended to satisfy the reasonable requirements of the public shall be disregarded;

(c) subject to the preceding paragraphs of this subsection, a literary, dramatic or musical work, or an edition of such a work, or an artistic work, shall be taken to have been published if, but only if, reproductions of the work or edition have been issued to the public;

(d) a publication in the State, or outside the State, shall not be treated as being other than the first publication by reason only of an earlier publication elsewhere, if the two publications took place within a period of not more than thirty days;

and in determining for the purposes of paragraph (c) of this subsection, whether reproductions of a work have been issued to the public, subsection (1) of this section shall not apply.

(3) In determining for the purposes of any provision of this Act—

(a) whether a work or other subject-matter has been published, or

(b) whether a publication of a work or other subject-matter was the first publication thereof, or

(c) whether a work or other subject-matter was published or otherwise dealt with in the lifetime of a person,

no account shall be taken of any unauthorised publication or of the doing of any other unauthorised act; and a publication or other act shall for the purposes of this subsection be taken to have been unauthorised—

(i) if copyright subsisted in the work or other subject-matter and the act in question was done otherwise than by, or with the licence of, the owner of the copyright, or

(ii) if copyright did not subsist in the work or subject-matter, and the act in question was done otherwise than by, or with the licence of, the author (or, in the case of a sound recording or a cinematograph film, or an edition of a literary, dramatic or musical work, the maker or publisher, as the case may be) or persons lawfully claiming under him:

so, however, that nothing in this subsection shall affect any provisions of this Act as to the acts restricted by any copyright or as to acts constituting infringements of copyrights, or any provisions of section 54 of this Act.

(4) References in this Act to the time at which, or the period during which, a literary, dramatic or musical work was made are references to the time or period at or during which it was first reduced to writing or some other material form.

(5) In the case of any copyright to which (whether in consequence of a partial assignment or otherwise) different persons are entitled in respect of the application of the copyright—

(a) to the doing of different acts or classes of acts, or

(b) to the doing of one or more acts or classes of acts in different countries or at different times,

the owner of the copyright, for any purpose of this Act, shall be taken to be the person who is entitled to the copyright in respect of its application to the doing of the particular act or class of acts, or, as the case may be, to the doing thereof in the particular country or at the particular time, which is relevant to the purpose in question; and in relation to any future copyright to which different persons are prospectively entitled, references in this Act to the prospective owner shall be construed accordingly.

(6) Without prejudice to the generality of the last preceding subsection of this section, where under any provision of this Act a question arises whether an article of any description has been imported or sold, or otherwise dealt with, without the licence of the owner of any copyright, the owner of the copyright, for the purpose of determining that question, shall be taken to be the person entitled to the copyright in respect of its application to the making of articles of that description in the country into which the article was imported, or, as the case may be, in which it was sold or otherwise dealt with.

(7) Where the doing of anything is authorised by the grantee of a licence, or a person deriving title from the grantee, and it is within the terms (including any implied terms) of the licence for him to authorise it, it shall for the purposes of this Act be taken to be done with the licence of the grantor and of every other person (if any) upon whom the licence is binding.

(8) References in this Act to deriving title are references to deriving title either directly or indirectly.

(9) Where, in the case of copyright of any description—

(a) provisions contained in this Act specify certain acts as being restricted by the copyright, or as constituting infringements thereof, and

(b) other provisions of this Act specify certain acts as not constituting infringements of the copyright,

the omission or exclusion of any matter from the latter provisions shall not be taken to extend the operation of the former provisions.

(10) References in this Act to copyright include references to copyright under the Act of 1927.

(11) References in the Act of 1927 to that Act shall, in so far as they are or include references to Part VI or VII of that Act, be deemed to include references to this Act.

4 Orders, rules and regulations.

4.—(1) Where a power to make orders, rules or regulations is conferred by any provision of this Act, such orders, rules or regulations may be made either as respects all, or as respects any one or more, of the matters to which the provision relates; and different provisions may be made by any such orders, rules or regulations as respects different classes of cases to which the orders, rules or regulations apply.

(2) Every order, rule or regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution annulling the order, rule or regulation is passed by either House within the next subsequent twenty-one days on which that House has sat after the order, rule or regulation is laid before it, the order, rule or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

5 Expenses.

5.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

6 Transitional provisions and repeals.

6.—(1) The transitional provisions contained in the First Schedule to this Act shall have effect for the purposes of this Act.

(2) Subject to the said transitional provisions, the enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3) The repeal of section 163 of the Act of 1927 shall not enable any action which was barred before the commencement of this section to be brought.

PART II Copyright in Original Works.

7 Nature of copyright.

7.—(1) In this Act, except where the context otherwise requires, “copyright” in relation to a work of any description means the exclusive right, by virtue and subject to the provisions of this Act, to do, and to authorise other persons to do, certain acts in the State in relation to that work which, in the relevant provision of this Act, are designated as the acts restricted by the copyright in a work of that description.

(2) In the preceding subsection of this section “the relevant provision of this Act” means, in relation to a work of any description, any provision of this Act which provides that, subject to compliance with the conditions specified in that provision, copyright shall subsist in works of that description.

(3) Copyright in a work is infringed by any person who, not being the owner of the copyright, and without the licence of the owner thereof, does, or authorises another person to do, in the State any of the acts referred to in subsection (1) of this section.

(4) The preceding subsections of this section shall apply, in relation to any subject-matter (other than a work) of a description to which any provision of Part III of this Act relates as they apply in relation to a work.

(5) For the purposes of any provision of this Act which specifies the conditions under which copyright may subsist in any description of work or other subject-matter “qualified, person”—

(a) in the case of an individual, means a person who is an Irish citizen or is domiciled or resident within the State, and

(b) in the case of a body corporate, means a body incorporated under the laws of the State.

8 Copyright in literary, dramatic and musical works.

8.—(1) Copyright shall, subject to the provisions of this Act, subsist in every original literary, dramatic or musical work which is unpublished and of which the author was a qualified person—

(a) at the time at which the work was made, or

(b) where the making of the work extended over a period, for a substantial part of that period.

(2) Copyright shall, subject to the provisions of this Act, subsist in every original literary, dramatic or musical work which is published if—

(a) the work was first published within the State, or

(b) the author of the work was a qualified person at the time when the work was first published, or

(c) the author had died before that time but was a qualified person immediately before his death.

(3) Where copyright subsisted in an original literary, dramatic or musical work immediately before its first publication, the copyright shall continue to subsist in that work after the first publication if, but only if, that publication complies with the provisions of the immediately preceding subsection of this section relating to copyright in a published work.

(4) The term of copyright subsisting in a work under this section shall, subject to the provisions of subsection (5) of this section, be the lifetime of the author of the work and a period of fifty years from the end of the year in which the author died.

(5) (a) If before the death of the author none of the following acts had been done—

(i) the publication of the work,

(ii) the performance of the work in public,

(iii) the offer for sale to the public of records of the work, and

(iv) the broadcasting of the work,

the copyright shall continue to subsist for a period of fifty years from the end of the year during which the first of those acts to be done is done.

(b) In paragraph (a) of this subsection, references to the doing of any act in relation to a work include references to the doing of that act in relation to an adaptation of that work.

(6) The acts restricted by the copyright in a literary, dramatic or musical work are—

(a) reproducing the work in any material form,

(b) publishing the work,

(c) performing the work in public,

(d) broadcasting the work,

(e) causing the work to be transmitted to subscribers to a diffusion service,

(f) making any adaptation of the work,

(g) doing in relation to an adaptation of the work any of the acts mentioned in paragraphs (a) to (e) of this subsection.

(7) In this Act “adaptation”—

(a) in relation to a literary or dramatic work, means any of the following—

(i) in the case of a non-dramatic work, a version of the work, whether in its original language or a different language, in which it is converted into a dramatic work;

(ii) in the case of a dramatic work, a version of the work, whether in its original language or a different language, in which it is converted into a non-dramatic work;

(iii) a translation of the work;

(iv) a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical; and

(b) in relation to a musical work, means an arrangement or transcription of the work.

(8) The mention of any matter in the definition of “adaptation” in subsection (7) of this section shall not affect the generality of paragraph (a) of subsection (6) of this section.

9 Copyright in artistic works.

9.—(1) In this Act “artistic work” means a work of any of the following descriptions—

(a) paintings, sculptures, drawings, engravings and photographs, irrespective of their artistic quality,

(b) works of architecture, being either buildings or models for buildings, and

(c) works of artistic craftsmanship not falling within the descriptions contained in paragraph (a) or paragraph (b) of this subsection.

(2) Copyright shall subsist, subject to the provisions of this Act, in every original artistic work which is unpublished and the author of which was a qualified person—

(a) when the work was made, or

(b) if the making of the work extended over a period, for a substantial part of that period.

(3) Copyright shall subsist, subject to the provisions of this Act, in every original artistic work which is published, if—

(a) the first publication of the work took place in the State, or

(b) the author of the work was a qualified person at the time when it was first published, or

(c) the author had died before that time but was a qualified person immediately before his death.

(4) Where copyright subsisted in an original artistic work immediately before its first publication, the copyright shall continue to subsist in that work after its first publication if, but only if, that publication complies with the provisions of the immediately preceding subsection of this section relating to copyright in a published work.

(5) The term of copyright subsisting in a work under this section shall, subject to the provisions of subsection (6) and subsection (7) of this section, be the lifetime of the author of the work and a period of fifty years from the end of the year in which the author died.

(6) In the case of an engraving which was not published before the death of the author, the copyright shall continue to subsist for a period of fifty years from the end of the year in which it is first published.

(7) In the case of a photograph, the copyright shall continue to subsist for a period of fifty years from the end of the year in which the photograph is first published.

(8) The acts restricted by the copyright in an artistic work are—

(a) reproducing the work in any material form,

(b) publishing the work,

(c) including the work in a television broadcast,

(d) causing a television programme which includes the work to be transmitted to subscribers to a diffusion service.

10 Ownership of copyright in literary, dramatic, musical and artistic works.

10.—(1) Subject to the provisions of this section, the author of an original literary, dramatic, musical or artistic work shall be entitled to any copyright subsisting in the work by virtue of this Part of this Act.

(2) Where a literary, dramatic or artistic work is made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, and is so made for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall be entitled to the copyright in the work in so far, but only in so far, as it relates to publication of the work in a newspaper, magazine or similar periodical, or to its reproduction for the purpose of its being so published; but in all other respects the author shall be entitled to the copyright.

(3) Subject to the provisions of subsection (2) of this section, where a person commissions the taking of a photograph, or the painting or drawing of a portrait, or the making of an engraving, and pays or agrees to pay for it in money or money's worth, and the work is made in pursuance of that commission, the person who commissioned the work shall be entitled to any copyright subsisting therein by virtue of this Part of this Act.

(4) Where, in any case other than that mentioned either in subsection (2) or (3) of this section, a work is made in the course of the author's employment by another person under a contract of service or apprenticeship, that other person shall be entitled to any copyright subsisting therein by virtue of this Part of this Act.

(5) Each of the subsections (2), (3) and (4) of this section shall have effect subject, in any particular case, to any agreement excluding the operation thereof in that case.

(6) The preceding provisions of this section shall have effect subject to the provisions of Part VII of this Act.

11 Infringements by importation, sale and other dealings.

11.—(1) Without prejudice to the general provisions of section 7 of this Act as to infringements of copyright, the provisions of this section shall have effect in relation to copyright subsisting by virtue of this Part of this Act.

(2) The copyright in a literary, dramatic, musical or artistic work is infringed by any person who, without the licence of the owner of the copyright—

(a) imports an article (otherwise than for his private and domestic use) into the State, or

(b) sells, lets for hire, or by way of trade offers or exposes for sale or hire any article, or

(c) by way of trade exhibits any article in public,

if to his knowledge the making of that article constituted an infringement of that copyright, or (in the case of an imported article) would have constituted such an infringement if the article had been made in the State.

(3) The provisions of subsection (2) of this section which relate to the sale of an article shall apply in relation to the distribution of any articles either—

(a) for the purposes of trade, or:

(b) for other purposes, but to such an extent as to affect prejudicially the owner of the copyright in question,

as those provisions apply in relation to the sale of an article.

(4) Subject to the provisions of subsection (5) of this section, the copyright in a literary, dramatic or musical work is also infringed by any person who permits a place of public entertainment to be used for a performance in public of the work, where the performance constitutes an infringement of the copyright in the work.

(5) Subsection (4) of this section shall not apply in a case where the person permitting the place of public entertainment to be used as mentioned in that subsection—

(a) was not aware, and had not reasonable grounds for suspecting that the performance would be an infringement of the copyright, or

(b) gave the permission gratuitously, or for a consideration which—

(i) was only nominal, or

(ii) if more than nominal, did not exceed a reasonable estimate of the expenses to be incurred by him in consequence of the use of the place for the performance.

(6) In this section “place of public entertainment” includes any premises which are occupied mainly for other purposes, but are from time to time made available for hire to such persons as may desire to hire them for purposes of public entertainment.

12 General exceptions from protection of literary, dramatic or musical works.

12.—(1) No fair dealing with a literary, dramatic or musical work for purposes of—

(a) research or private study, or

(b) criticism or review, whether of that work or another work, which is accompanied by a sufficient acknowledgment,

shall constitute an infringement of the copyright in the work.

(2) No fair dealing with a literary, dramatic or musical work shall constitute an infringement of the copyright in the work if it is for the purpose of reporting current events—

(a) in a newspaper, magazine or similar periodical, which is accompanied by a sufficient acknowledgment, or

(b) by means of broadcasting, or in a cinematograph film.

(3) The copyright in a literary, dramatic or musical work is not infringed by reproducing it for the purposes of a judicial proceeding or of a report of any such proceeding.

(4) The reading or recitation in public or in a broadcast by one person of any reasonable extract from a published literary or dramatic work, if accompanied by a sufficient acknowledgment, shall not constitute an infringement of copyright in the work.

(5) The copyright in a published literary or dramatic work is not infringed by the inclusion of a short passage from it in a collection intended for use in schools, if—

(a) the collection is described in its title, and in any advertisements thereof by or on behalf of the publisher, as being so intended,

(b) the work in question was not published for use in schools,

(c) the collection consists mainly of material in which no copyright subsists,

(d) the inclusion of the passage is accompanied by a sufficient acknowledgment, and

(e) not more than one other excerpt from works by the author of the passage, being works in which copyright subsists when the collection is published, is contained in that collection or in that collection taken together with every similar collection (if any) published by the same publisher within the period of five years immediately preceding the publication of that collection.

(6) Where, at a time more than fifty years from the end of the year in which the author of a literary, dramatic or musical work died, and more than one hundred years after the time, or the end of the period, at or during which the work was made—

(a) copyright subsists in the work, but

(b) the work has not been published, and

(c) the manuscript or a copy of the work is kept in a library, or museum or other institution where (subject to any provisions regulating the institution in question) it is open to inspection,

the copyright in the work is not infringed by a person who publishes the work in accordance with regulations in that behalf made by the Minister.

(7) Where, by virtue of an assignment or licence or otherwise, Radio Éireann is authorised to broadcast a literary, dramatic or musical work but (apart from this subsection) would not be entitled to make a reproduction of it in the form of a record or cinematograph film, the copyright in the work is not infringed if Radio Éireann by means of its own facilities makes such reproduction for the purpose of the authorised broadcast.

(8) The general exception mentioned in the immediately preceding subsection of this section shall not apply if, without the consent of the owner of the relevant rights in the work—

(a) the reproduction or any copy thereof is used for any purpose except that of making the broadcast in accordance with the authorisation, if any, or

(b) the reproduction or any copy thereof is not destroyed before the end of the period of six months next following the making of the reproduction, or such longer period as may be agreed between Radio Éireann and the person who, in relation to the making of reproductions of the description in question, is the owner of the copyright subsisting in the work.

(9) Any reproduction of a work made under subsection (7) of this section which is of an exceptional documentary character may be preserved in the archives of Radio Éireann, which are hereby designated official archives for the purpose, but, subject to the provisions of this Act, shall not be used for broadcasting or for any other purpose without the consent of the owner of the relevant rights in the work.

(10) The preceding provisions of this section shall apply to the doing of any act in relation to the adaptation of a work as they apply to the doing of that act in relation to the work itself.

(11) The provisions of this section shall apply where a work, or an adaptation of a work, is caused to be transmitted to subscribers to a diffusion service as they apply where a work or adaptation is broadcast.

(12) In this Act “sufficient acknowledgment” means an acknowledgment identifying the work in question by its title or other description and, unless the work is anonymous or the author has previously agreed or required that no acknowledgment of his name should be made, also identifying the author.

13 Special exception in respect of records of musical works.

13.—(1) The copyright in a musical work is not infringed by a person (in this section referred to as the manufacturer) who makes a record of the work, or of an adaptation thereof, in the State, if—

(a) records of the work or, as the case may be, of a similar adaptation of the work, have previously been made in or imported into the State for the purposes of retail sale, and were so made or imported by, or with the licence of, the owner of the copyright in the work;

(b) before making the record, the manufacturer gave to the owner of the copyright the prescribed notice of his intention to make it;

(c) the manufacturer intends to sell the record by retail, or to supply it for the purpose of being sold by retail by another person, or intends to use it for making other records which are to be so sold or supplied; and

(d) in the case of a record which is sold by retail, the manufacturer pays to the owner of the copyright, in the prescribed manner and at the prescribed time, a fair royalty.

(2) Where—

(a) either party to a dispute in relation to the amount of a royalty payable under paragraph (d) of subsection (1) of this section undertakes to refer the dispute to the Controller under section 31 of this Act, and

(b) the manufacturer pays to the owner of the copyright a sum on account of the amount of the royalty equal to five per cent. of the ordinary retail selling price of the record in respect of which the royalty is payable and gives to such owner an undertaking to pay to him the amount of the royalty determined under the said section 31 less the sum aforesaid and such owner gives to the manufacturer an undertaking to repay to the manufacturer the amount (if any) by which the sum aforesaid exceeds the amount of the royalty determined under the said section 31,

the copyright in the work is not infringed on the ground of non-fulfilment of the condition specified in paragraph (d) of subsection (1) of this section by the making of a record by the manufacturer.

(3) In the case of a record—

(a) which comprises (with or without other material, and either in their original form or in the form of adaptations) two or more musical works in which copyright subsists, and

(b) the owners of the copyright in the works are different persons,

the royalty shall be apportioned between or among the owners as they may agree.

(4) Where a record comprises (with or without other material) a performance of a musical work, or of an adaptation of a musical work, in which words are sung, or are spoken incidentally to or in association with the music, and either no copyright subsists in that work, or if such copyright subsists, the conditions specified in subsection (1) of this section are fulfilled in relation to that-copyright, then if—

(a) the words consist or form part of a literary or dramatic work in which copyright subsists, and

(b) such previous records as are referred to in paragraph (a) of subsection (1) of this section were made or imported by, or with the licence of, the owner of the copyright in that literary and dramatic work, and

(c) the conditions specified in paragraphs (b), (c) and (d) of the said subsection (1) are fulfilled in relation to the owner of that copyright,

the making of the record shall not constitute an infringement of the copyright in the literary or dramatic work.

(5) The provisions of subsection (4) of this section shall not be construed as requiring more than one royalty to be paid in respect of a record; and if copyright subsists both in the musical work and in the literary or dramatic work, and their owners are different persons, the royalty shall be apportioned between or among them (or among them and any other person entitled to a share thereof in accordance with subsection (3) of this section) as they may agree.

(6) For the purposes of this section an adaptation of a work shall be taken to be similar to an adaptation thereof contained in previous records if the two adaptations do not substantially differ in their treatment of the work either in respect of style or (apart from any difference in numbers) in respect of the performers required for performing them.

(7) Where, for the purposes of paragraph (a) of subsection (1) of this section, the manufacturer requires to know whether such previous records as are mentioned in that paragraph were made or imported as therein mentioned, the manufacturer may make the prescribed enquiries; and if the owner of the copyright fails to reply to those enquiries within the prescribed period, the previous records shall be taken to have been made or imported, as the case may be, with the licence of the owner of the copyright.

(8) Nothing in this section shall be construed as authorising the importation for sale by retail of records which could not lawfully be imported apart from this section; and accordingly, for the purposes of any provision of this Act relating to imported articles, where the question arises in relation to a record made outside the State and so imported whether the making of the record would have constituted an infringement of copyright if the record had been made in the State, that question shall be determined as if subsection (1) of this section had not been enacted.

(9) The preceding provisions of this section shall apply in relation to records of part of a work or adaptation as they apply in relation to records of the whole of it save that subsection (1) of this section—

(a) shall not apply to a record of the whole of a work or adaptation unless the previous records referred to in paragraph (a) of that subsection were records of the whole of the work or of a similar adaptation, and

(b) shall not apply to a record of part of a work or adaptation unless those previous records were records of, or comprising, that part of the work or of a similar adaptation.

(10) The Minister may make regulations for the purposes of this section and in this section “prescribed” means prescribed by regulations made by the Minister.

14 General exceptions from protection of artistic works.

14.—(1) No fair dealing with an artistic work for purposes of—

(a) research or private study, or

(b) criticism or review, whether of that work or another work, if accompanied by a sufficient acknowledgment,

shall constitute an infringement of the copyright in the work.

(2) No fair dealing with an artistic work for the purpose of reporting current events by means of broadcasting or in a cinematograph film shall constitute an infringement of the copyright in the work.

(3) (a) The making of a painting, drawing, engraving or photograph of a work to which this subsection applies, or the inclusion of the work in a cinematograph film or a television broadcast shall not constitute an infringement of the copyright in the work.

(b) This subsection applies to works of sculpture, and the works of artistic craftsmanship referred to in paragraph (c) of subsection (1) of section 9 of this Act, which are permanently situated in a public place or in premises open to the public and to works of architecture.

(4) Without prejudice to the immediately preceding subsection of this section, the inclusion of an artistic work in a cinematograph film or a television broadcast, if its inclusion is only by way of background or is otherwise incidental to the principal matters represented in the film or broadcast, shall not constitute an infringement of the copyright in the work.

(5) The publication of a painting, drawing, engraving, photograph or cinematograph film of an artistic work, the making of which, by virtue of subsection (3) of this section did not constitute an infringement of the copyright in the work, shall not constitute an infringement of that copyright.

(6) The reproduction of an artistic work for the purposes of a judicial proceeding or a report of any such proceedings shall not constitute an infringement of the copyright in the work.

(7) The making of an object of any description which is in three dimensions shall not be taken to constitute an infringement of the copyright in an artistic work in two dimensions, if the object would not appear, to persons who are not experts in relation to objects of that description, to be a reproduction of the artistic work.

(8) Where the author of an artistic work (in this subsection referred to as the earlier work) makes another such work (in this subsection referred to as the subsequent work) and part of the earlier work—

(a) is reproduced in the subsequent work, and

(b) is so reproduced by the use of a mould, cast, sketch, plan, model or study made for the purposes of the earlier work,

the making of the subsequent work shall not constitute an infringement of the copyright in the earlier work unless the author of the subsequent work in the making of that work repeats or imitates the main design of the earlier work.

(9) Where copyright subsists in a building as a work of architecture, any reconstruction of the building shall not constitute an infringement of that copyright.

(10) Where a building has been constructed in accordance with architectural drawings or plans in which copyright subsists, and has been so constructed by, or with the licence of, the owner of that copyright, any subsequent reconstruction of the building by reference to those drawings or plans shall not constitute an infringement of that copyright.

(11) Where by virtue of an assignment or licence or otherwise, Radio Éireann is authorised to include an artistic work in a television broadcast but (apart from this subsection) would not be entitled to make a reproduction of it, the copyright in the work is not infringed if Radio Éireann by means of its own facilities makes a reproduction, in any form, for the purpose of the authorised broadcast.

(12) The general exception mentioned in the immediately preceding subsection of this section shall not apply if without the consent of the owner of the relevant rights in the work—

(a) the reproduction so made or any copy thereof is used for any purpose except that of making the broadcast in accordance with the authorisation, if any, or

(b) the reproduction or any copy thereof is not destroyed before the end of the period of six months next following the making of the reproduction, or such longer period as may be agreed between Radio Éireann and the person who, in relation to the making of reproductions of the description in question, is the owner of the copyright subsisting in the work.

(13) A reproduction of an artistic work made by virtue of subsection (11) of this section which is of exceptional documentary character may be preserved in the archives of Radio Éireann, which are hereby designated official archives for the purpose but, subject to the provisions of this Act, shall not be used for broadcasting or for any other purpose without the consent of the owner of the relevant rights in the work.

(14) The provisions of this section shall apply in relation to a television programme which is caused to be transmitted to subscribers to a diffusion service as they apply in relation to a television broadcast.

15 Anonymous and pseudonymous works.

15.—(1) The preceding provisions of this Part of this Act shall, in the case of works published anonymously or pseudonymously, have effect subject to the provisions of this section.

(2) (a) Where the first publication of a literary, dramatic or musical work, or of an artistic work other than a photograph, is anonymous or pseudonymous, any copyright subsisting in the work, by virtue of section 8 or 9 of this Act shall continue to subsist until the end of the period of fifty years from the end of the year in which the work was first published.

(b) This subsection shall not apply to any work as respects which, at any time before the end of the period mentioned in the subsection, it is possible for a person without previous knowledge of the facts to ascertain the identity of the author of the work by reasonable enquiry.

(3) The publisher of a work which is published anonymously or pseudonymously may be authorised by the author of the work to grant any assignment or licence in the copyright subsisting in the work and owned by the author without disclosing the identity of the author to the assignee or licensee.

(4) For the purposes of this Act a publication of a work under two or more names shall not be taken to be pseudonymous unless all those names are pseudonyms.

16 Works of joint authorship.

16.—(1) In this Act “work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of each author is not separate from the contribution of the other author or authors.

(2) In relation to a work of joint authorship, the references to the author in subsections (1) and (2) of section 8, in subsections (2) and (3) of section 9, and in paragraph (b) of subsection (2) of section 15 of this Act shall be construed as references to any one or more of the authors.

(3) In relation to a work of joint authorship, other than a work to which the next following section applies, references to the author in subsection (4) of section 8 and in subsection (5) of section 9 of this Act shall be construed as references to the author who died last.

(4) (a) This subsection applies to any work of joint authorship which was first published under two or more names—

(i) of which one or more (but not all) were pseudonyms, or

(ii) all of which were pseudonyms, if, at any time within the period of fifty years from the end of the calendar year in which the work was first published, it is possible for a person without previous knowledge of the facts to ascertain the identity of any one or more (but not all) of the authors by reasonable enquiry

(b) In relation to a work to which this subsection applies, references to the author in subsection (4) of section 8 and in subsection (5) of section 9 of this Act shall be construed as references to the author whose identity was disclosed, or, if the identity of two or more of the authors was disclosed, to that one of those authors who died last.

(c) For the purposes of this subsection the identity of an author shall be taken to have been disclosed if either—

(i) in his case, the name under which the work was published was not a pseudonym, or

(ii) it is possible to ascertain his identity as mentioned in subparagraph (ii) of paragraph (a) of this subsection.

(5) (a) This subsection applies, in the case of a work, to any person such that, if he had been the sole author of the work, copyright would not have subsisted in the work under this Part of this Act.

(b) In relation to a work of joint authorship of which one or more of the authors are persons to whom this subsection applies, subsection (1) of section 10 of this Act shall have effect as if the author or authors, other than persons to whom this subsection applies, had been the sole author or (as the case may be) sole authors of the work.

(6) In paragraph (e) of subsection (5) of section 12 of this Act, the reference to not more than one other excerpt from works by the author of the passage in question—

(a) shall be taken to include a reference to excerpts from works by the author of that passage in collaboration with any other person, or

(b) if the passage in question is from a work of joint authorship, shall be taken to include a reference to excerpts from works by any one or more of the authors of that passage, or by any one or more of those authors in collaboration with any other person.

(7) Subject to the provisions of this section of this Act, any reference in this Act to the author of a work shall (unless it is otherwise expressly provided) be construed, in relation to a work of joint authorship as a reference to all the authors of the work.

PART III. Copyright in Sound Recordings, Cinematograph Films, Broadcasts, etc.

17 Copyright in sound recordings.

17.—(1) Copyright shall subsist, subject to the provisions of this Act—

(a) in every sound recording of which the maker was a qualified person at the time the recording was made, and

(b) without prejudice to the preceding paragraph of this subsection, in every published sound recording the first publication of which took place in the State.

(2) Copyright subsisting in a sound recording by virtue of this section shall continue to subsist until the end of the period of fifty years from the end of the year in which the recording is first published.

(3) Subject to the provisions of this Act, the maker of a sound recording shall be entitled to any copyright subsisting in the recording by virtue of this section, save, however, that where a person commissions the making of a sound recording, and pays or agrees to pay for it in money or money's worth, and the recording is made in pursuance of that commission, that person, in the absence of an agreement to the contrary, shall be entitled to any copyright subsisting in the recording by virtue of this section.

(4) The acts restricted by the copyright in a sound recording are—

(a) making a record embodying the recording;

(b) in the case of a published recording, causing the recording or any reproduction thereof to be heard in public, or to be broadcast, or to be transmitted to subscribers to a diffusion service, without the payment of equitable remuneration to the owner of the copyright subsisting in the recording;

(c) in the case of an unpublished recording, causing the recording or any reproduction thereof to be heard in public, or to be broadcast, or to be transmitted to subscribers to a diffusion service.

(5) Where—

(a) either party to a dispute in relation to the amount of remuneration payable under paragraph (b) of subsection (4) of this section undertakes to refer the dispute to the Controller under section 31 of this Act, and

(b) an undertaking has been given to the owner of the copyright subsisting in the recording by the other party to the dispute to pay to him the amount of remuneration determined under the said section 31,

the copyright in the recording is not infringed on the ground of non-fulfilment of the condition specified in the said paragraph (b).

(6) The copyright in a sound recording is not infringed by a person who does any of the acts mentioned in subsection (4) of this section in the State in relation to a sound recording, or part of a sound recording, if—

(a) records embodying that recording, or that part of the recording, as the case may be, have previously been issued to the public in the State, and

(b) at the time when those records were so issued, neither the records nor the containers in which they were issued bore a label or other mark indicating the year in which the recording was first published.

(7) The immediately preceding subsection of this section shall not apply if it is shown—

(a) that the records in question were not issued by or with the licence of the owner of the copyright, or

(b) that the owner of the copyright had taken all reasonable steps for securing that records embodying the recording, or part thereof, would not be issued to the public in the State without a label or mark either on the records themselves or on their containers indicating the year in which the recording was first published.

(8) Where a published sound recording is caused to be heard in public—

(a) at any premises where persons reside or sleep, as part of the amenities provided exclusively or mainly for residents or inmates therein, or

(b) as part of the activities of, or for the benefit of, a club, society or other organisation which is not established or conducted for profit and whose main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare,

the act of causing the sound recording to be so heard without the payment of equitable remuneration to the owner of the copyright subsisting in the recording shall not, subject to the provisions of the next following subsection of this section, constitute an infringement of the copyright subsisting therein.

(9) The immediately preceding subsection of this section shall not apply—

(a) in the case of the premises mentioned in paragraph (a) of that subsection, if a special charge is made for admission to the part of the premises where the recording is to be heard, or

(b) in the case of any such organisation as is mentioned in paragraph (b) of that subsection, if a charge is made for admission to the place where the recording is to be heard, and any of the proceeds of the charge are applied otherwise than for the purposes of the organisation.

(10) For the purposes of this Act, a sound recording shall be taken to be made at the time when the first record embodying the recording is made, and the maker of a sound recording is the person who owns that record at the time when the recording is made.

(11) Where, by virtue of an assignment or licence or otherwise, Radio Éireann is authorised to broadcast a sound recording, but (apart from this subsection) would not be entitled to make a record of it, the copyright in the recording is not infringed if Radio Éireann by means of its own facilities makes a record of the recording for the purpose of the authorised broadcast.

(12) The general exception mentioned in the immediately preceding subsection of this section shall not apply if, without the consent of the owner of the relevant rights in the sound recording—

(a) the record or any copy thereof is used for any purpose except that of making the broadcast in accordance with the authorisation, if any, or,

(b) the record or any copy thereof is not destroyed before the end of the period of six months next following the making of the record, or such longer period as may be agreed between Radio Éireann and the person who, in relation to the making of records of the description in question, is the owner of the copyright subsisting in the recording

(13) Any record of a recording made under subsection (11) of this section which is of an exceptional documentary character may be preserved in the archives of Radio Éireann, which are hereby designated official archives for the purpose, but, subject to the provisions of this Act, shall not be used for broadcasting or for any other purpose without the consent of the owner of the relevant rights in the recording.

(14) In this Act—

“sound recording” means the aggregate of the sounds embodied in, and capable of being reproduced by means of, a record of any description, other than a sound-track associated with a cinematograph film; and

“publication”, in relation to a sound recording, means the issue to the public of records embodying the recording or any part thereof.

18 Copyright in cinematograph films.

18.—(1) Copyright shall subsist, subject to the provisions of this Act—

(a) in every cinematograph film the maker of which was a qualified person for the whole or a substantial part of the period during which the film was made, and

(b) without prejudice to the provision contained in paragraph (a) of this subsection, in every published cinematograph film the first publication of which took place in the State.

(2) Copyright subsisting in a cinematograph film by virtue of this section shall continue to subsist until the end of the period of fifty years from the end of the year in which the film is first published.

(3) Subject to the provisions of this Act the maker of a cinematograph film shall be entitled to any copyright subsisting in the film by virtue of this section, except, however, that where a person commissions the making of a cinematograph film, and pays or agrees to pay for it in money or money's worth, and the film is made in pursuance of that commission, that person, in the absence of an agreement to the contrary, shall be entitled to any copyright subsisting in the film by virtue of this section.

(4) The acts restricted by the copyright in a cinematograph film are—

(a) making a copy of the film;

(b) causing the film, in so far as it consists of visual images, to be seen in public, or, in so far as it consists of sounds, to be heard in public;

(c) broadcasting the film;

(d) causing the film to be transmitted to subscribers to a diffusion service.

(5) The making of a copy of a cinematograph film for the purposes of a judicial proceeding, or causing it to be seen or heard in public for those purposes, shall not constitute an infringement of any copyright subsisting therein by virtue of this section.

(6) Where copyright has subsisted in a cinematograph film by virtue of this section and has ceased to so subsist, a person who, after such cesser, causes the film to be seen, or to be seen and heard, in public, or to be broadcast, does not thereby infringe any copyright subsisting by virtue of Part II of this Act in any literary, dramatic, musical or artistic work presented in the film.

(7) In the case of a cinematograph film which is a newsreel, the causing of the film to be seen, or seen and heard, in public, or to be broadcast, after the end of the period of fifty years from the end of the year in which the principal events depicted in the film occurred, shall not constitute an infringement of the copyright subsisting by virtue of this section in the film.

(8) For the purposes of this Act, a cinematograph film shall be taken to include the sounds embodied in any sound-track associated with the film, and references to a copy of a cinematograph film shall be construed accordingly.

(9) Where the sounds embodied in any sound-track associated with a cinematograph film are also embodied in a record not derived from that sound-track, any use made of that record shall not constitute an infringement of the copyright in the film.

(10) In this Act—

“cinematograph film” means any sequence of visual images recorded on material of any description (whether translucent or not) so as to be capable, by use of that material—

(a) of being shown as a moving picture, or

(b) of being recorded on other material (whether translucent or not) by the use of which it can be shown;

“maker”, in relation to a cinematograph film, means the person by whom the arrangements necessary for the making of the film are undertaken;

“publication”, in relation to a cinematograph film, means the sale, letting on hire, or offer for sale or hire, of copies of the film to, or for showing by any means to, the public;

“copy”, in relation to a cinematograph film, means any print, negative, tape or other article on which the film or part of it is recorded.

(11) References in this Act to a sound-track associated with a cinematograph film are references to any record of sounds which is incorporated in any print, negative, tape or other article on which the film or part of it, in so far as it consists of visual images, is recorded, or which is issued by the maker of the film for use in conjunction with such an article.

19 Copyright in television broadcasts and sound broadcasts.

19.—(1) Copyright shall, subject to the provisions of this Act, subsist in every television broadcast and in every sound broadcast made by Radio Éireann from a place in the State.

(2) Copyright in a television broadcast and copyright in a sound broadcast shall continue to subsist until the end of the period of fifty years from the end of the year in which the broadcast is first made.

(3) Subject to the provisions of this Act, Radio Éireann shall be entitled to any copyright subsisting in a television broadcast and to any copyright subsisting in a sound broadcast made by Radio Éireann from a place in the State.

(4) In so far as a television broadcast or a sound broadcast is a repetition (whether the first or any subsequent repetition) of a television broadcast or a sound broadcast previously made by Radio Éireann from a place in the State, and is made by broadcasting material recorded on film, records or otherwise—

(a) copyright shall not subsist therein by virtue of this section if it is made after the end of the period of fifty years from the end of the year in which the previous broadcast was made; and

(b) if it is made before the end of that period, any copyright subsisting therein by virtue of this section shall cease to subsist therein at the end of that period.

(5) The acts restricted by the copyright in a television broadcast or a sound broadcast are—

(a) in the case of a television broadcast in so far as it consists of visual images, making, otherwise than for private purposes, a cinematograph film of it or part of it or a photograph of part of it or a copy of such film or photograph;

(b) in the case of a sound broadcast, or of a television broadcast in so far as it consists of sounds, making, otherwise than for private purposes, a sound recording of it, or a record embodying such a recording;

(c) in the case of a television broadcast, causing it, in so far as it consists of visual images, to be seen in public, or, in so far as it consists of sounds, to be heard in public, if it is seen or heard by a paying audience;

(d) in the case either of a television broadcast or a sound broadcast, rebroadcasting it.

(6) The restrictions imposed by virtue of subsection (5) of this section in relation to a television broadcast or a sound broadcast made by Radio Éireann shall apply whether the act in question is done by—

(a) the reception of the broadcast, or

(b) making use of any record, print, negative, tape, or other article on which the broadcast has been recorded.

(7) In relation to copyright in television broadcasts, in so far as they consist of visual images, the restrictions imposed by virtue of subsection (5) of this section in relation to a cinematograph film or a copy of such a film shall apply to any sequence of images sufficient to be seen as a moving picture; and accordingly, for the purpose of establishing an infringement of such copyright, it shall not be necessary to prove that the act in question extended to more than a sequence of images.

(8) For the purposes of subsection (5) of this section, a cinematograph film or a copy thereof, a photograph or a copy thereof, or a sound recording or a record embodying a recording, shall be taken to be made otherwise than for private purposes if it is made for the purposes of the doing by any person of any of the following acts, that is to say—

(a) the sale or letting for hire of any copy of the film or photograph, or, as the case may be, of any record embodying the recording;

(b) broadcasting the film, recording or photograph;

(c) causing the film, photograph or recording to be seen or heard in public.

(9) For the purposes of paragraph (c) of subsection (5) of this section, a television broadcast shall be taken to be seen or heard by a paying audience if it is seen or heard by persons who either—

(a) have been admitted for payment to the place where the broadcast is to be seen or heard, or have been admitted for payment to a place of which that place forms part, or

(b) have been admitted to the place where the broadcast is to be seen or heard in circumstances where goods or services are supplied there at prices which exceed the prices usually charged at that place and are partly attributable to the facilities afforded for seeing or hearing the broadcast.

(10) For the purposes of paragraph (a) of the immediately preceding subsection of this section no account shall be taken—

(a) of persons admitted to the place in question as residents or inmates therein, or

(b) of persons admitted to that place as members of a club or society, where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing television broadcasts is only incidental to the main purposes of the club or society.

(11) Anything done in relation to a television broadcast or a sound broadcast for the purposes of a judicial proceeding does not constitute an infringement of the copyright subsisting in the broadcast.

(12) In this Act—

“television broadcast” means visual images broadcast by way of television, together with any sounds broadcast for reception along with those images;

“sound broadcast” means sounds broadcast otherwise than as part of a television broadcast.

(13) For the purposes of this Act, a television broadcast or a sound broadcast shall be taken to be made by the body by whom, at the time when, and from the place from which, the visual images or sounds in question, or both, as the case may be, are broadcast.

20 Copyright in published editions of works.

20.—(1) Subject to the provisions of this Act, copyright shall subsist in every published edition of any one or more literary, dramatic or musical works where either—

(a) the first publication of the edition took place in the State, or

(b) the publisher of the edition was a qualified person at the date of the first publication thereof.

(2) Copyright shall not subsist in an edition which reproduces the typographical arrangement of a previous edition of the same work or works.

(3) Subject to the provisions of this Act, the publisher of an edition shall be entitled to any copyright subsisting therein by virtue of this section

(4) Copyright subsisting in a published edition by virtue of this section shall continue to subsist until the end of the period of twenty-five years from the end of the year in which the edition is first published.

(5) The act restricted by the copyright subsisting in a published edition by virtue of this section is the making, by any photographic or similar process, of a reproduction of the typographical arrangement of the edition.

(6) The making, by any such process as aforesaid, of a reproduction of the typographical arrangement of the edition for the purposes of research or private study involving the work contained in the edition, shall not constitute an infringement of the copyright subsisting in the edition by virtue of this section.

21 Supplementary provisions for purposes of Part III.

21.—(1) The provisions of this section shall have effect with respect to copyright subsisting by virtue of this Part of this Act in sound recordings, cinematograph films, television broadcasts and sound broadcasts, and in published editions of literary, dramatic and musical works; and in those provisions references to the relevant provision of this Part of this Act, in relation to copyright in a subject-matter of any of those descriptions, are references to the provision of this Part of this Act whereby it is provided that (subject to compliance with the conditions specified therein) copyright shall subsist in that description of subject-matter.

(2) Where copyright subsists by virtue of this Part of this Act in a sound recording, cinematograph film, broadcast or other subject-matter, nothing in this Part of this Act shall be construed as affecting the operation of Part II of this Act in relation to any literary, dramatic, musical or artistic work from which that subject-matter is wholly or partly derived; and copyright subsisting by virtue of this Part of this Act shall be additional to, and independent of, any copyright subsisting by virtue of Part II of this Act.

(3) The immediately preceding subsection of this section shall have effect subject to the provisions of subsection (6) of section 18 of this Act.

(4) The subsistence of copyright under any of the preceding sections of this Part of this Act shall not affect the operation of any other of those sections under which copyright can subsist.

(5) Any copyright subsisting by virtue of this Part of this Act is infringed by any person who, without the licence of the owner of the copyright, imports an article (otherwise than for his private and domestic use) into the State, if to his knowledge the making of that article constituted an infringement of that copyright, or would have constituted such an infringement if the article had been made in the State.

(6) Any such copyright is also infringed by any person who, in the State, and without the licence of the owner of the copyright—

(a) sells, lets for hire, or by way of trade offers or exposes for sale or hire any article, or

(b) by way of trade exhibits any article in public,

if to his knowledge the making of the article constituted an infringement of that copyright, or (in the case of an imported article) would have constituted an infringement of that copyright if the article had been made in the State.

(7) The immediately preceding subsection of this section shall apply in relation to the distribution of articles either—

(a) for purposes of trade, or

(b) for other purposes, but to such an extent as to affect prejudicially the owner of the copyright in question, as it applies to the sale of an article.

(8) Subsections (5), (6) and (7) of this section shall have effect without prejudice to the general provisions of section 7 of this Act as to infringements of copyright.

PART IV. Remedies for Infringement of Copyright.

22 Action by owner of copyright for infringement.

22.—(1) Subject to the provisions of this Act infringements of copyright shall be actionable at the suit of the owner of the copyright.

(2) In any action by the owner of a copyright for an infringement thereof all such relief, by way of damages, injunction, accounts or otherwise shall be available to the plaintiff as is available in any corresponding proceedings in respect of infringement of other proprietary rights.

(3) Where in an action for infringement of copyright it is proved or admitted—

(a) that an infringement was committed, but

(b) that at the time of the infringement the defendant was not aware, and had no reasonable grounds for suspecting, that copyright subsisted in the work or other subject-matter to which the action relates,

the plaintiff shall not be entitled under this section to any damages against the defendant in respect of the infringement, but shall be entitled to an account of profits in respect of the infringement whether any other relief is granted under this section or not.

(4) Where in an action under this section an infringement of copyright is proved or admitted, and the court, having regard (in addition to all other material considerations) to—

(a) the flagrancy of the infringement, and

(b) any benefit shown to have accrued to the defendant by reason of the infringement,

is satisfied that effective relief would not otherwise be available to the plaintiff, the court, in assessing damages for the infringement, shall have power to award such additional damages by virtue of this subsection as the court may consider appropriate in the circumstances.

(5) In an action for infringement of copyright in respect of the construction of a building, no injunction or other order shall be made—

(a) after the construction of the building has been begun, so as to prevent it from being completed, or

(b) so as to require the building, in so far as it has been constructed, to be demolished.

(6) In this Part of this Act “action” includes a counterclaim, and references to the plaintiff and to the defendant shall be construed accordingly.

23 Limitation on amount of plaintiff's costs in certain actions for infringement of copyright.

23.—(1) In any action for infringement of copyright commenced and heard in the High Court—

(a) where any relief (other than damages) claimed is within the jurisdiction of the Circuit Court and, if damages are claimed, the amount of the damages recovered by the plaintiff is not more than six hundred pounds, the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the action had been brought in the Circuit Court, unless the judge hearing the action grants a special certificate under this section, and

(b) where the only relief claimed is damages and the amount of the damages recovered by the plaintiff is not more than fifty pounds, the plaintiff shall not be entitled to recover more costs than he would have been entitled to recover if the action had been brought in the District Court, unless the judge hearing the action grants a special certificate under this section.

(2) In any action referred to in subsection (1) of this section the judge hearing the action may, on the application of the plaintiff, grant a special certificate in writing that, in the opinion of the judge, it was reasonable, owing to the substantial or important nature of the action or the importance of any question of law involved therein that the action should have been commenced in the High Court.

(3) The reference in subsection (3) of section 12 (which limits the amount of plaintiffs' costs in certain actions in the High Court) of the Courts of Justice Act, 1936, to a restriction imposed by that section shall be construed as including a reference to the restrictions imposed by this section on the amount of costs recoverable by plaintiffs in the actions referred to in subsection (1) of this section.

24 Rights of owner of copyright in respect of infringing copies.

24.—(1) Subject to the provisions of this Act, the owner of any copyright shall be entitled to all such rights and remedies, in respect of the conversion or detention by any person of an infringing copy, or of any plate used or intended to be used for making infringing copies, as he would be entitled to if he were the owner of every such copy or plate and had been the owner thereof since the time when it was made.

(2) Where by virtue of subsection (2) of section 12 (which relates to successive conversions or detentions) of the Statute of Limitations, 1957, the title of the owner of the copyright to such a copy or plate as is mentioned in subsection (1) of this section would (if he had been the owner of the copy or plate) have been extinguished at the end of the period mentioned in the said subsection (2), he shall not be entitled to any rights or remedies under subsection (1) of this section in respect of anything done in relation to that copy or plate after the end of that period.

(3) A plaintiff shall not be entitled by virtue of this section to any damages or to any other pecuniary remedy (except costs) if it is proved or admitted that, at the time of the conversion or detention in question—

(a) the defendant was not aware, and had no reasonable grounds for suspecting, that copyright subsisted in the work or other subject-matter to which the action relates, or

(b) where the articles converted or detained were infringing copies, the defendant believed, and had reasonable grounds for believing, that they were not infringing copies, or

(c) where the article converted or detained was a plate used or intended to be used for making any articles, the defendant believed, and had reasonable grounds for believing, that the articles so made or intended to be made were not, or (as the case may be) would not be, infringing copies.

(4) In this Part of this Act—

“infringing copy”—

(a) in relation to a literary, dramatic, musical or artistic work, or to such a published edition as is mentioned in section 20 of this Act, means a reproduction otherwise than in the form of a cinematograph film,

(b) in relation to a sound recording, means a record embodying that recording,

(c) in relation to a cinematograph film, means a copy of the film, and

(d) in relation to a television broadcast or a sound broadcast, means a copy of a cinematograph film of it or of part of it or a photograph of part of it or a record embodying a sound recording of it,

being (in any such case) an article the making of which constituted an infringement of the copyright in the work, edition, recording, film or broadcast, or, in the case of an imported article, would have constituted an infringement of that copyright if the article had been made in the State;

“plate” includes any stereotype, stone, block, mould, matrix, transfer, negative or other appliance.

25 Proceedings in case of copyright subject to exclusive licence.

25.—(1) The provisions of this section shall have effect as to proceedings in the case of any copyright in respect of which an exclusive licence has been granted and is in force at the time of the events to which the proceedings relate.

(2) Subject to the following provisions of this section—

(a) the exclusive licensee shall (except as against the owner of the copyright) have the same rights of action, and be entitled to the same remedies, under section 22 of this Act as if the licence had been an assignment, and those rights and remedies shall be concurrent with the rights and remedies of the owner of the copyright under that section;

(b) the exclusive licensee shall (except against the owner of the copyright) have the same rights of action, and be entitled to the same remedies, by virtue of section 24 of this Act as if the licence had been an assignment; and

(c) the owner of the copyright shall not have any rights of action or be entitled to any remedies, by virtue of section 24 of this Act which he would not have had or been entitled to if the licence had been an assignment.

(3) Where an action is brought either by the owner of the copyright or by the exclusive licensee, and the action in so far as it is brought under section 22 of this Act, relates (wholly or partly) to an infringement in respect of which they have concurrent rights of action under that section, the owner or licensee, as the case may be, shall not be entitled, except with the leave of the court, to proceed with the action, in so far as it is brought under that section and relates to that infringement, unless the other party is either joined as a plaintiff in the action or added as a defendant.

(4) The immediately preceding subsection of this section shall not affect the granting of an interlocutory injunction on the application of either of the parties referred to in the subsection.

(5) In any action brought by the exclusive licensee by virtue of this section, any defence which would have been available to a defendant in the action, if this section had not been enacted and the action had been brought by the owner of the copyright, shall be available to that defendant as against the exclusive licensee.

(6) Where an action is brought in the circumstances mentioned in subsection (3) of this section, and the owner of the copyright and the exclusive licensee are not both plaintiffs in the action, the court, in assessing damages in respect of any such infringement as is mentioned in that subsection—

(a) if the plaintiff is the exclusive licensee, shall take into account any liabilities (in respect of royalties or otherwise) to which the licence is subject, and

(b) whether the plaintiff is the owner of the copyright or the exclusive licensee, shall take into account any pecuniary remedy already awarded to the other party under section 22 of this Act in respect of that infringement, or, as the case may require, any right of action exercisable by the other party under that section in respect thereof.

(7) Where an action, in so far as it is brought under section 22 of this Act, relates (wholly or partly) to an infringement in respect of which the owner of the copyright and the exclusive licensee have concurrent rights of action and in that action (whether they are both parties to it or not) an account of profits is directed to be taken in respect of that infringement, then, subject to any agreement of which the court is aware, whereby the application of those profits is determined as between the owner of the copyright and the exclusive licensee, the court shall apportion the profits between them as the court may consider just, and shall give such directions as the court may consider appropriate for giving effect to that apportionment.

(8) In an action brought either by the owner of the copyright or by the exclusive licensee—

(a) no judgment or order for the payment of damages in respect of an infringement of copyright shall be given or made under section 22 of this Act, if a final judgment or order has been given or made awarding an account of profits to the other party under that section in respect of the same infringement; and

(b) no judgment or order for an account of profits in respect of an infringement of copyright shall be given or made under the said section 22, if a final judgment or order has been given or made awarding either damages or an account of profits to the other party under that section in respect of the same infringement.

(9) Where, in an action brought in the circumstances mentioned in subsection (3) of this section, whether by the owner of the copyright or by the exclusive licensee, the other party is not joined as a plaintiff (either at the commencement of that action or subsequently), but is added as a defendant, he shall not be liable for any costs in the action unless he enters an appearance and takes part in the proceedings.

(10) In this section—

“exclusive licence” means a licence in writing, signed by or on behalf of an owner or prospective owner of copyright, authorising the licensee, to the exclusion of all other persons, including the grantor of the licence, to exercise a right which by virtue of this Act would (apart from the licence) be exercisable exclusively by the owner of the copyright, and “exclusive licensee” shall be construed accordingly;

“the other party” in relation to the owner of the copyright means the exclusive licensee, and, in relation to the exclusive licensee means the owner of the copyright; and

“if the licence had been an assignment” means if, instead of the licence, there had been granted (subject to terms and conditions corresponding as nearly as may be with those subject to which the licence was granted) an assignment of the copyright in respect of its application to the doing, at the places and times authorised by the licence, of the acts so authorised.

26 Proof of facts in copyright actions.

26.—(1) In any action brought by virtue of this Part of this Act—

(a) copyright shall be presumed to subsist in the work or other subject-matter to which the action relates, if the defendant does not put in issue the question whether copyright subsists therein, and

(b) where the subsistence of the copyright is proved or admitted, or is presumed in pursuance of the preceding paragraph, the plaintiff shall be presumed to be the owner of the copyright, if he claims to be the owner of the copyright and the defendant does not put in issue the question of his ownership thereof.

(2) Subject to the preceding subsection of this section, where, in the case of a literary, dramatic, musical or artistic work, a name purporting to be that of the author appeared on copies of the work as published, or in the case of an artistic work, appeared on the work when it was made, the person whose name so appeared (if it was his true name or a name by which he was commonly known) shall, in any action brought by virtue of this Part of this Act be presumed, unless the contrary is proved—

(a) to be the author of the work, and

(b) to have made the work in circumstances not falling within subsection (2), subsection (3) or subsection (4) of section 10 of this Act.

(3) In the case of a work alleged to be a work of joint authorship, subsection (2) of this section shall apply in relation to each person alleged to be one of the authors of the work, as if references in that subsection to the author were references to one of the authors.

(4) Where in an action brought by virtue of this Part of this Act with respect to a literary, dramatic, musical or artistic work, subsection (2) of this section does not apply, but it is established—

(a) that the work was first published in the State, and was so published within the period of fifty years ending with the beginning of the year in which the action was brought, and

(b) that a name purporting to be that of the publisher appeared on copies of the work as first published,

then, unless the contrary is shown, copyright shall be presumed to subsist in the work and the person whose name so appeared shall be presumed to have been the owner of that copyright at the time of the publication.

(5) For the purposes of subsection (4). of this section a fact shall be taken to be established if it is proved or admitted, or if it is presumed in pursuance of the subsequent provisions of this section.

(6) Where in an action brought by virtue of this Part of this Act with regard to a literary, dramatic, musical or artistic work it is proved or admitted that the author is dead—

(a) the work shall be presumed to be an original work unless the contrary is proved, and

(b) if it is alleged by the plaintiff that a publication specified in the allegation was the first publication of the work, and that it took place in a country and on a date so specified, that publication shall be presumed, unless the contrary is proved, to have been the first publication of the work, and to have taken place in that country and on that date.

(7) Paragraphs (a) and (b) of subsection (6) of this section shall apply where a work has been published, and—

(a) the publication was anonymous, or was under a name alleged by the plaintiff to have been a pseudonym, and

(b) it is not shown that the work has ever been published under the true name of the author or under a name by which he was commonly known, or that it is possible for a person without previous knowledge of the facts to ascertain the identity of the author by reasonable inquiry,

as those paragraphs apply in a case where it is proved that the author is dead.

(8) In any action brought by virtue of this Part of this Act with respect to copyright in a sound recording, if records embodying that recording or part thereof have been issued to the public, and at the time when those records were so issued they or their containers bore a label or other mark comprising any one or more of the following statements, that is to say—

(a) that a person named on the label or mark was the maker of the sound recording;

(b) that the recording was first published in a year specified on the label or mark;

(c) that the recording was first published in a country specified on the label or mark,

that label or mark shall be sufficient evidence of the facts as stated except in so far as the contrary is proved.

27 Penalties and summary proceedings in respect of dealings which infringe copyright.

27.—(1) Any person who, at a time after the commencement of this section when copyright subsists in a work—

(a) makes for sale or hire, or

(b) sells or lets for hire, or by way of trade offers or exposes for sale or hire, or

(c) by way of trade exhibits in public, or

(d) imports into the State, otherwise than for his private and domestic use,

any article which he knows to be an infringing copy of the work, shall be guilty of an offence under this subsection.

(2) Any person who, at a time after the commencement of this section when copyright subsists in a work, distributes, either—

(a) for purposes of trade, or

(b) for other purposes, but to such an extent as to affect prejudicially the owner of the copyright,

articles which he knows to be infringing copies of the work, shall be guilty of an offence under this subsection.

(3) Any person who, at a time after the commencement of this section when copyright subsists in a work, makes or has in his possession a plate, knowing that it is to be used for making infringing copies of the work, shall be guilty of an offence under this subsection.

(4) The District Court, upon the application of the owner of the copyright in any work, may act as follows: If satisfied by evidence that there is reasonable ground for believing that infringing copies of the work are being hawked, carried about, sold, or offered for sale, may by order authorise a member of the Garda Síochána to seize the copies without warrant and to bring them before the court, and the court, on proof that the copies are infringing copies, may order them to be destroyed, or to be delivered up to the owner of the copyright or otherwise dealt with as the court may think fit.

(5) If the District Court is satisfied by information on oath that there is reasonable ground for suspecting that an offence under subsection (1), (2) or (3) of this section is being committed on any premises, the court may grant a search warrant authorising a member of the Garda Síochána not below the rank of Inspector, accompanied by such other members of the Garda Síochána as that member thinks proper, to enter the premises between the hours of 6 a.m. and 9 p.m., if need be by force, and to seize any copies of any work or any plates in respect of which he has reasonable ground for suspecting that an offence under any of the said subsections is being committed.

(6) All copies of any work and plates seized under subsection (5) of this section shall be brought before the District Court, and if proved to be infringing copies or plates intended to be used for the printing or reproduction of infringing copies shall be destroyed or delivered up to the owner of the copyright in question or otherwise dealt with as the court thinks fit.

(7) The preceding subsections of this section shall apply in relation to copyright subsisting in any subject-matter by virtue of Part III of this Act, as they apply in relation to copyright subsisting by virtue of Part II of this Act.

(8) Any person who after the commencement of this section causes a literary, dramatic or musical work to be performed in public, knowing that copyright subsists in the work and that the performance constitutes an infringement of the copyright, shall be guilty of an offence under this subsection.

(9) A person guilty of an offence under subsection (1) or subsection (2) of this section shall on summary conviction—

(a) if it is his first conviction of an offence under this section, be liable to a fine not exceeding five pounds for each article to which the offence relates;

(b) in any other case, be liable to such a fine, or to imprisonment for a term not exceeding six months:

so, however, that a fine imposed by virtue of this subsection shall not exceed one hundred pounds in respect of articles comprised in the same transaction.

(10) A person guilty of an offence under subsection (3) or subsection (8) of this section shall, on summary conviction—

(a) if it is his first conviction of an offence under this section, be liable to a fine not exceeding one hundred pounds;