COPYRIGHT AND RELATED RIGHTS ACT, 2000

AN ACT TO MAKE PROVISION IN RESPECT OF COPYRIGHT, PROTECTION OF RIGHTS OF PERFORMERS AND RIGHTS IN PERFORMANCES, TO MAKE PROVISION FOR LICENSING SCHEMES AND REGISTRATION SCHEMES FOR COPYRIGHT AND RELATED RIGHTS; TO RESTATE THE LAW IN RESPECT OF COUNCIL DIRECTIVE NO. 91/250/EEC OF 14 MAY 1991¹ ON THE LEGAL PROTECTION OF COMPUTER PROGRAMS; TO GIVE EFFECT TO COUNCIL DIRECTIVE NO. 92/100/EEC OF 19 NOVEMBER 1992² ON RENTAL RIGHT AND LENDING RIGHT AND ON CERTAIN RIGHTS RELATING TO COPYRIGHT IN THE FIELD OF INTELLECTUAL PROPERTY; TO GIVE EFFECT TO COUNCIL DIRECTIVE NO. 93/83/EEC OF 27 SEPTEMBER 1993³ ON THE CO-ORDINATION OF CERTAIN RULES CONCERNING COPYRIGHT AND RIGHTS RELATED TO COPYRIGHT APPLICABLE TO SATELLITE BROADCASTING AND CABLE RETRANSMISSION; TO RESTATE THE LAW IN RESPECT OF COUNCIL DIRECTIVE NO. 93/98/EEC OF 29 OCTOBER 1993⁴ HARMONISING THE TERM OF PROTECTION OF COPYRIGHT AND CERTAIN RELATED RIGHTS AND TO GIVE EFFECT TO ARTICLE 2.1 THEREOF; TO GIVE EFFECT TO DIRECTIVE NO. 96/9/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 11 MARCH 1996⁵ ON THE LEGAL PROTECTION OF DATABASES; AND TO PROVIDE FOR RELATED MATTERS. [10th July, 2000]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I Preliminary and General

1. Short title and commencement.

1.—(1) This Act may be cited as the Copyright and Related Rights Act, 2000.

• (2) This Act shall come into operation on such day or days as the Minister may be order or orders either generally or with reference to any particular purpose appoint, and different days may be so appointed for different purposes or different provisions of this Act.

• (3) An order under subsection (2) may, in respect of the repeals or revocations effected by section 10 of the enactments mentioned in the Second Schedule, fix different days for the repeal or revocation of different enactments or for the repeal or revocation for different purposes of any enactment.

2. Interpretation.

2.—(1) In this Act, unless the context otherwise requires—

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

“anonymous work” means a work where the identity of the author is unknown or, in the case of a work of joint authorship, where the identity of the authors is unknown;

“appropriate court” means—

• (a) the District Court, where the damages or the value of the other relief sought in any action to which the application relates is not liable to exceed such sum as stands specified by an enactment to be the jurisdiction of the District Court for actions in contract or tort,

• (b) the Circuit Court, where the damages or the value of the other relief sought in any action to which the application relates is not liable to exceed such sum as stands specified by an enactment to be the jurisdiction of the Circuit Court for actions in contract or tort, and

• (c) in any other case, the High Court;

“artistic work” includes a work of any of the following descriptions, irrespective of their artistic quality—

• (a) photographs, paintings, drawings, diagrams, maps, charts, plans, engravings, etchings, lithographs, woodcuts, prints or similar works, collages or sculp-tures (including any cast or model made for the purposes of a sculpture),

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

• (c) works of artistic craftsmanship;

“author” has the meaning assigned to it by section 21;

“authorised broadcaster” means Radio Telefís Éireann, Seirbhísí Theilifís na Gaeilge Teoranta or a person with whom the Independent Radio and Television Commission has entered into a contract for the provision of broadcasting services under the Radio and Television Act, 1988, and is licensed under that Act to provide those services;

“authorised cable programme service provider” means the provider of any cable programme service other than a cable programme service provided unlawfully;

F1["broadcast" means an electronic transmission of sounds, images or data, or any combination or representation thereof, for direct public reception or for presentation to members of the public;]

F2["broadcasting organisation" means—

• (a) in the State, an authorised broadcaster, or

• (b) in another Member State, a broadcasting organisation for the purposes of Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019¹;]

“building” includes any structure;

“cable programme” means any item included in a cable programme service;

“cable programme service” means a service, F3[including MMDS and digital terrestrial retransmission], which consists wholly or mainly of sending sounds, images or data or any combination of sounds, images or data, or the representations thereof, by means of a telecommunications system—

• (a) for reception at 2 or more places (whether for simultaneous reception or at different times in response to requests by different users), or

• (b) for presentation to members of the public,

but shall not include:

• (i) a service or part of a service of which it is an essential feature that while sounds, images or data or any combination of sounds, images or data, or the representations thereof, are being conveyed by the person providing the service, there may be sent from each place of reception, by means of the same system or, as the case may be, the same part of it, data (other than signals sent for the operation or control of the service) for reception by the person providing the service or other persons receiving the service;

• (ii) a service operated for the purposes of a business, trade or profession where—

• (I) no person except that person carrying on the business, trade or profession is concerned in the control of the apparatus comprised in the system,

• (II) sounds, images or data or any combination of sounds, images or data, or the representations thereof, are conveyed by the system exclusively for the purposes of the internal management of that business, trade or profession and not for the purpose of rendering a service or providing amenities for others, and

• (III) the system is not connected to any other telecommunications system;

• (iii) a service operated by an individual where—

• (I) all the apparatus comprised in the system is under his or her control,

• (II) sounds, images or data or any combination of sounds, images or data, or the representations thereof, conveyed by the system are conveyed solely for his or her private and domestic use by that individual, and

• (III) the system is not connected to any other telecommunications system;

• (iv) services, other than services operated as part of the amenities provided for residents or occupants of premises operated as a business, trade or profession, where—

• (I) all the apparatus comprised in the system is situated in, or connects, premises which are in single occupation, and

• (II) the system is not connected to any other telecommunications system;

• (v) services which are, or to the extent that they are, operated for persons providing broadcasting or cable programme service or providing programmes for such services;

F4["collective management organisation" has the same meaning as it has in the European Union (Collective Rights Management) (Directive 2014/26/EU) Regulations 2016 (SI. No. 156 of 2016);]

“computer-generated”, in relation to a work, means that the work is generated by computer in circumstances where the author of the work is not an individual;

“computer program” means a program which is original in that it is the author's own intellectual creation and includes any design materials used for the preparation of the program;

F1["Controller" means the Controller of Intellectual Property;]

“copyright work” means a work in which copyright subsists;

F4["cultural heritage institution" has the meaning assigned to it in the European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (S.I. No. 567 of 2021);]

“database” means a collection of independent works, data or other materials, arranged in a systematic or methodical way and individually accessible by any means but excludes computer programs used in the making or operation of a database;

F5["digital terrestrial retransmission" means the reception and immediate retrans-mission on an encrypted basis without alteration by means of a multiplex of a broadcast or a cable programme initially transmitted from another Member State of the EEA;]

F1["disability" has the meaning assigned to it in section 2 of the Disability Act 2005;]

“dramatic work” includes a choreographic work or a work of mime;

F6["education" means instruction, lectures, study, research, teaching or training either in an educational establishment or by any person acting under the authority of an educational establishment, and includes all activities necessary or expedient or ancillary to such a programme, and "educational purposes" shall be construed accordingly;]

“educational establishment” means—

• (a) any school,

• (b) any university to which the Universities Act, 1997, F1[applies,]

• F6[(ba) any relevant provider within the meaning of section 2 of the Qualifica-tions and Quality Assurance (Education and Training) Act 2012, and]

• (c) any other educational establishment prescribed by the Minister under section 55;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the Protocol signed at Brussels on 17 March 1993 and as amended from time to time;

F6["electronic transmission" means a specified transmission through the Internet, a transmission by wireless means and a transmission prescribed for the purposes of this definition, but does not include—

• (a) a transmission by means of MMDS, or

• (b) a digital terrestrial retransmission;]

“enactment” means an Act of the Oireachtas or an instrument made thereunder;

F6["excluded data information", means—

• (a) a computer program (whether in whole or in part), or

• (b) a program source code of a website;]

“film” means a fixation on any medium from which a moving image may, by any means, be produced, perceived or communicated through a device;

“fixation” means the embodiment of sounds or images or any combination of sounds or images, or the representations thereof, from which they can be perceived, reproduced or communicated through a device;

“general licence” means a licence granted by a licensing body that includes all works of the description to which it applies;

F6["intellectual property claim" means—

• (a) any proceedings instituted, application or reference made, or appeal lodged, under the Patents Act 1992 other than an application under section 47, 49, 50, 51, 52, 53, 54, 57, 59, 74, 86, 91, 96, 108, 123 or 124 of that Act,

• (b) any proceedings instituted, application or reference made, or appeal lodged, under the Trade Marks Act 1996 other than an application under section 25, 51, 52, 57, 65, 67, 72, 77, 78, 79, 85(5), 88 or 97 of that Act, or under paragraph 14(3) of the Second Schedule to that Act in so far as that para-graph relates to an application under section 51 of that Act,

• (c) any proceedings instituted, application or reference made, or appeal lodged, under this Act other than an application under section 133, 143, 170, 256, 257, 261, 299B, 366 or 367, or

• (d) any proceedings instituted, application or reference made, or appeal lodged, under the Industrial Designs Act 2001 other than an application under section 33, 34, 35, 62, 70, 81, 84 or 86 of that Act;]

“judicial proceeding” includes proceedings before any court or tribunal which has power to hear, receive and examine evidence on oath or otherwise and has authority to decide any matter affecting the legal rights or liabilities of a person;

“licensing body” means a body referred to in section 38, 149, 265 or 340, as the case may be;

“literary work” means a work, including a computer program, but does not include a dramatic or musical work or an original database, which is written, spoken or sung;

“marketed” means sold, hired rented or lent, or offered or exposed for sale, hire, rental or loan, or otherwise distributed, and references to “marketing” shall be construed accordingly;

“Member State of the EEA” means a state which is a contracting state to the EEA Agreement;

“Minister” means the Minister for Enterprise, Trade and Employment;

“MMDS” means a Multipoint Microwave Distribution System;

F5["multiplex" has the meaning assigned to it in section 129 of the Broadcasting Act 2009;]

“musical work” means a work consisting of music, but does not include any words, or action, intended to be sung, spoken or performed with the music;

“original database” means a database in any form which by reason of the selection or arrangement of its contents constitutes the original intellectual creation of the author;

F4["out-of-commerce work" means a work where it can be presumed in good faith that the whole work or other subject matter is not available to the public through customary channels of commerce, after a reasonable effort has been made to determine whether it is available to the public;]

“parliamentary proceeding” includes proceedings of either or both of the Houses of the Oireachtas or committees established by either or both of the Houses of the Oireachtas or proceedings of the European Parliament or committees established by the European Parliament;

“photograph” means a recording of light, or any other radiation on any medium on which an image is produced, or from which an image may by any means be produced and which is not part of a film;

“premises” means any building or place, including any land, vehicle, vessel, moveable structure, trailer, hovercraft or aircraft;

“prescribe” means prescribe by regulations and cognate words shall be construed accordingly;

“producer”, in relation to a film or sound recording, means the person by whom the arrangements necessary for the making of the film or sound recording, as the case may be, are undertaken;

“protection-defeating device” includes any device, function or product, or component incorporated into a device, function or product, the primary purpose or effect of which is to avoid, bypass, remove, deactivate or otherwise circumvent, without authority, any rights protection measure F7[or which is promoted, advertised or marketed for the purpose of circumvention of any rights protection measure, or which has only a limited commercially significant purpose or use other than to circumvent any rights protection measure];

“pseudonymous work” means a work where the pseudonym adopted by the author or, in the case of a work of joint authorship the authors, does not reveal the identity of the author or authors and the identity of the author or authors is unknown;

“published edition”, in relation to the copyright in the typographical arrangement of a published edition, means a published edition of the whole or any part of one or more literary, dramatic or musical works or original databases;

“repeat broadcast” means a repeat of a broadcast which has been previously transmitted;

“repeat cable programme” means a repeat of a cable programme which has been previously included in a cable programme service;

“reprographic process” means a process—

• (a) for making facsimile copies, or

• (b) involving the use of an appliance for making multiple copies,

and includes, in relation to a work held in electronic form, any copying by electronic means, but does not include the making of a film or sound recording;

F6["rights identifying information", in relation to a work, means data information (other than excluded data information) about the work, including digital data (whether or not it is incorporated within the work or is otherwise associated with it) that provides information about—

• (a) the authorship, condition, content, context, origin, ownership, provenance, quality or structure of the work,

• (b) rights pertaining to or associated with the work, or

• (c) matters similar to any matter which falls within paragraph (a) or (b);]

“rights protection measure” means any process, treatment, mechanism or system which is designed to prevent or inhibit the unauthorised exercise of any of the rights conferred by this Act;

“sound recording” means a fixation of sounds, or of the representations thereof, from which the sounds are capable of being reproduced, regardless of the medium on which the recording is made, or the method by which the sounds are reproduced;

F6["specified transmission through the Internet" means—

• (a) a transmission taking place simultaneously through the Internet and by other means,

• (b) a concurrent transmission of a live event, or

• (c) a transmission of recorded moving images or sounds, or both, forming part of a programme service offered by the person responsible for making the transmission, being a service in which programmes are transmitted at scheduled times determined by that person;]

“statutory inquiry” means an inquiry held, or investigation conducted, pursuant to a duty imposed or power conferred by an enactment;

“statutory register” means a register maintained pursuant to a statutory requirement;

“statutory requirement” means a requirement imposed by an enactment;

“sufficient acknowledgement” has the meaning assigned to it by section 51;

“telecommunications system” means a system for conveying sounds, data or information or any combination of sounds, images or information, or the represent-ations thereof, by means of a wire, beam or any other conducting device through which electronically generated programme-carrying signals are guided over a distance;

“work” means a literary, dramatic, musical or artistic work, sound recording, film, broadcast, cable programme, typographical arrangement of a published edition or an original database and includes a computer program except in Part II, Chapter 7 where “work” means “literary, dramatic, musical or artistic work or film”;

“work of joint authorship” has the meaning assigned to it by section 22;

“writing” includes any form of notation or code whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded, and references to “written” shall be construed accordingly.

• (2) A reference in this Act to the reception of a broadcast shall include the reception of a broadcast relayed by means of a telecommunications system.

• (3) A reference in this Act to a prescribed archive shall include references to a prescribed museum.

• (4) A reference in this Act to an archive shall include references to a museum and a reference in this Act to an archivist shall include references to a curator.

• (5) A reference in this Act to a librarian or archivist shall include references to a person acting on his or her behalf.

• (6) A computer program used in the making or operation of databases shall not be regarded as a database.

• (7) The author of a work shall be deemed to be known where 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.

• (8) The authors of a work of joint authorship shall be deemed to be known where it is possible for a person, without previous knowledge of the facts, to ascertain the identity of one or more of the authors of the work by reasonable enquiry.

• (9) References in this Act to a permanent collection shall include a collection of works or sound recordings in the possession of a library or archive that have been loaned to that library or archive for an indefinite period.

• (10) Where an act which would otherwise infringe any of the rights conferred by this Act is permitted under this Act it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict that act.

• (11) A reference in this Act to the copyright owner or the rightsowner shall include a reference to a person designated by the copyright owner or the rightsowner to act on his or her behalf in infringement proceedings.

• (12)
• (a) A reference in this Act to a Part, Chapter, Division, section or Schedule is a reference to a Part, Chapter, Division or section of, or Schedule to, this Act unless it is indicated that a reference to some other Act is intended.

• (b) A reference in this Act to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

• (c) A reference in this Act to any other enactment shall, except where the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment including this Act.

2A. F8[Provisions supplementary to definition of “broadcast"

2A.—The definition of "broadcast" shall not be construed to prejudice the exclusive right under this Act of a person to make a work available by means of a broadcast of the work.]

3. Construction of references to rightsowner.

3.—(1) In the case of a right conferred by this Act to which different persons are entitled (whether in consequence of a partial assignment of such right or otherwise) in respect of the application of the right—

• (a) to undertake different acts or classes of acts restricted by that right, or

• (b) to undertake one or more acts or classes of acts restricted by that right in different countries, territories, states or areas, or at different times,

the rightsowner shall be deemed to be the person who is entitled to the right in respect of its application to the undertaking of the act or class of acts restricted by the right, or, as the case may be, to the undertaking of the act or class of acts restricted by the right in the particular country, territory, state or area or at the particular time, which is relevant to the purpose concerned.

• (2) In relation to a future right to which different persons are prospectively entitled, references in this Act to the prospective owner shall be construed accordingly.

• (3) Where a right conferred by this Act (or any aspect of such right) is owned by more than one person jointly, references in this Act to the rightsowner are to all the owners, and any requirement of the licence of the rightsowner requires the licence of all of the owners.

4. Construction of references to copyright.

4.—(1) References in this Act to copyright shall include references to copyright under any previous enactment conferring copyright.

• (2) References in the Act of 1927 to Part VI or VII of that Act shall be deemed to include references to this Act.

5. Encrypted broad- casts.

5.—A broadcast that is encrypted shall be regarded as being broadcast for lawful direct public reception where the means required for decoding the signals for those broadcasts have been made available by, or with the authority of, the person making the broadcast.

6. Making and protection of broadcasts.

6.—(1) Subject to subsection (3), a reference in this Act to the person making a broadcast, broadcasting a work, or including a work in a broadcast shall be construed as a reference—

• (a) to the person transmitting the programme, where he or she has responsibility to any extent for its contents, and

• (b) to any person providing the programme who makes the arrangements necessary for its transmission with the person transmitting that programme,

and references to a programme, in the context of broadcasting, shall be construed as references to any item included in the broadcast.

• (2) Subject to subsection (3), the place from which a broadcast is made is the place where, under the control and responsibility of the person making the broad-cast, the programme-carrying signals are introduced into an uninterrupted chain of communication including, in the case of a satellite transmission, the chain leading to the satellite and down towards the earth.

• (3) Where the place from which a broadcast by way of satellite transmission is made is located in a country, territory, state or area other than a Member State of the EEA and the law of that country, territory, state or area fails to provide, at least, the following level of protection:

• (a) exclusive rights in relation to broadcasting equivalent to those conferred by section 37;

• (b) a right in relation to live broadcasting equivalent to that conferred on a performer by section 204; and

• (c) a right for authors of sound recordings and performers to share in a single equitable remuneration in respect of the broadcasting of sound recordings,

then, the following provisions shall apply:

• (i) where the place from which the programme-carrying signals are transmitted to the satellite (in this Act that place is referred to as the “uplink station”) is located in a Member State of the EEA—

• (I) that uplink station shall be treated as the place from which the broadcast is made, and

• (II) the person operating the uplink station shall be treated as the person making the broadcast;

or

• (ii) where the uplink station is not located in a Member State of the EEA but a person who is established in a Member State of the EEA has commissioned the making of the broadcast—

• (I) the place in which that person has his or her principal establishment in a Member State of the EEA shall be treated as the place from which the broadcast is made, and

• (II) that person shall be treated as the person making the broadcast.

6A. F9[Ancillary online services

6A.—(1) An ancillary online service provided by wire or wireless means that contains works, as well as the acts of reproduction of such works which are necessary for the provision of, the access to or the use of the ancillary online service, shall be deemed to occur solely in the Member State in which the broadcasting organisa-tion has its principal establishment for the purposes of exercising the copyright and related rights required for that service.

• (2) Subject to subsection (3), when setting the charges to be paid for the rights referred to in subsection (1), the rightholder and the broadcasting organisation shall take into account all aspects of the ancillary online service, including –

• (a) the duration of online availability of the programmes provided in that service,

• (b) the audience, and

• (c) the language versions provided.

• (3) The charges to be paid for the rights referred in in subsection (1) may be calculated on the basis of the revenues of the broadcasting organisation.

• (4) The principle set out in subsection (1) shall not affect the right of the rightholder and the broadcasting organisation to limit the exploitation of such rights in accordance with the law of the European Union.

• (5) If an agreement on the exercise of copyright and related rights concerning an ancillary online service and for any acts of reproduction which are necessary for such a service is in force on 7 June 2021, this section shall not apply to that agreement until 7 June 2023.

• (6) In this section –

"ancillary online service" means an online broadcast, by or under the control and responsibility of a broadcasting organisation, of programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation and any material which is ancillary to such broadcast, where a member of the public can access the programme from a place and at a time chosen by them;

"programmes" means –

• (a) radio programmes, or

• (b) television programmes (other than the broadcast of sports events and works included in them) which are –

• (i) news and current affairs programmes, or

• (ii) fully financed own productions of the broadcasting organisation.]

7. Regulations and orders.

7.—(1) The Minister may make regulations for the purpose of enabling this Act to have full effect.

• (2) Regulations made under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of this Act.

• (3) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed.

• (4) The Government or Minister, as the case may be, may by order amend or revoke an order made by the Government or the Minister under this Act including an order made under this subsection (other than an order made under section 1(2)).

8. Laying of regula- tions and orders.

8.—Every order (other than an order made under section 1(2)) or regulation made by the Minister F10[, the Minister for the Environment, Heritage and Local Government] or the Minister for Finance 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 or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

9. Expenses.

9.—The expenses incurred by the Minister F11[and the Minister for the Environ-ment, Heritage and Local Government] 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.

10. Transitional provisions and repeals.

10.—(1) The First Schedule shall have effect with respect to transitional matters.

• (2) The Acts mentioned in column (2) of Part I of the Second Schedule are hereby repealed to the extent mentioned in column (3) of that Schedule.

• (3) The statutory instruments mentioned in column (2) of Part II of the Second Schedule are hereby revoked to the extent mentioned in column (3) of that Schedule.

11. Prosecution of offences.

11.—(1) Summary proceedings for an offence under this Act may be brought and prosecuted by the Minister.

• (2) Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be commenced at any time within 12 months from the date on which the offence was committed.

12. Offences by bodies corporate.

12.—Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or any other person who was acting or purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

13. Offences by members of part- nership.

13.—(1) Without prejudice to any liability of a partner under subsection (3), where an offence under this Act is committed by a partnership any proceedings shall be brought against the partnership in the name of the partnership and not in the name of the individual partner.

• (2) A fine imposed on a partnership on its conviction in proceedings brought under subsection (1) shall be paid out of the assets of the partnership.

• (3) Where a partnership is guilty of an offence under this Act, every partner, other than a partner who is proved to have been ignorant of or to have attempted to prevent commission of the offence, shall also be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

14. Service of notices.

14.—(1) A notice required to be served or given under this Act shall, subject to subsection (2), be addressed to the person concerned by name, and may be served on or given to the person in one of the following ways—

• (a) by delivering it to the person,

• (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address,

• (c) by sending it by post in a prepaid letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address,

• (d) by sending it by such other method (including electronic method) as the Minister may decide,

• (e) where the address at which the person ordinarily resides cannot be ascer-tained by reasonable enquiry and notice is required to be served on, or given to, him or her in respect of any premises, by delivering it to a person over the age of 16 years of age resident in or employed at the premises or by affixing it in a conspicuous position on or near the premises.

• (2) Where a notice under this Act is to be served on or given to a person who is the owner or occupier of any premises and the name of the person cannot be ascertained by reasonable enquiry, it may be addressed to the person by using the words “the owner” or, as the case may require, “the occupier”.

• (3) For the purposes of this section, a company within the meaning of the Companies Acts, 1963 to 1999, shall be deemed to be ordinarily resident at its registered office, and every other body corporate, unincorporated body or person, including a partnership shall be deemed to be ordinarily resident at its principal office or place of business.

• (4) A person shall not at any time during the period of 3 months after a notice is affixed under subsection (1)(e) remove, alter, damage or deface the notice without lawful authority.

• (5) A person who contravenes subsection (4) shall be guilty of an offence and shall be liable on summary conviction to a F12[class C fine].

15. Fees.

15.—The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under this Act.

16. Jurisdiction of Courts.

16.—An appeal lies from the making of an order under this Act—

• (a) from the District Court to the Circuit Court, where the order is made by the District Court,

• (b) from the Circuit Court to the High Court, where the order is made by the Circuit Court,

• (c) from the Central Criminal Court to the Court of Criminal Appeal, where the order is made by the Central Criminal Court.

16A. F13[Circuit Court

16A.—The Circuit Court shall have jurisdiction to hear and determine intellectual property claims.]

16B. F14[District Court

16B.—(1) The District Court shall have jurisdiction to hear and determine intellec-tual property claims.

• (2) The District Court in which such a claim shall be heard is the District Court Area in which the defendant concerned ordinarily resides or carries on any business, trade or profession.]

PART II Copyright

Chapter 1 Subsistence of Copyright

17. Copyright and copyright works.

17.—(1) Copyright is a property right whereby, subject to this Act, the owner of the copyright in any work may undertake or authorise other persons in relation to that work to undertake certain acts in the State, being acts which are designated by this Act as acts restricted by copyright in a work of that description.

• (2) Copyright subsists, in accordance with this Act, in—

• (a) original literary, dramatic, musical or artistic works,

• (b) sound recordings, films, broadcasts or cable programmes,

• (c) the typographical arrangement of published editions, and

• (d) original databases.

• (3) Copyright protection shall not extend to the ideas and principles which underlie any element of a work, procedures, methods of operation or mathematical concepts and, in respect of original databases, shall not extend to their contents and is without prejudice to any rights subsisting in those contents.

• (4) Copyright shall not subsist in a work unless the requirements for copyright protection specified in this Part with respect to qualification are complied with.

• (5) Copyright shall not subsist in a work which infringes, or to the extent that it infringes, the copyright in another work.

• (6) Copyright shall not subsist in a work which is, or to the extent that it is, a copy taken from a work which has been previously made available to the public.

18. Copyright in liter- ary, dramatic or musical works and original data- bases.

18.—(1) Copyright shall not subsist in a literary, dramatic or musical work or an original database until that work is recorded in writing or otherwise by or with the consent of the author.

• (2) References in this Part to the time at which, or the period during which, a work referred to in subsection (1) is made are to the time at which, or the period during which, that work is so recorded.

• (3) Copyright may subsist in a work that is recorded and may subsist in the recording of a work.

19. Copyright in sound recordings.

19.—Copyright shall not subsist in a sound recording until the first fixation of the sound recording is made.

20. Exclusion of copyright in retransmission.

20.—(1) Subject to subsection (2), copyright shall not subsist in the transmission of a broadcast or other material in a cable programme service unless the transmis-sion alters the content of the broadcast or other materials.

• (2) Nothing in subsection (1) shall affect the copyright subsisting in the broadcast or other material arising other than by virtue of the transmission.

Chapter 2 Authorship and Ownership of Copyright

21. Interpretation of author.

21.—In this Act, “author” means the person who creates a work and includes:

• (a) in the case of a sound recording, the producer;

• (b) in the case of a film F15[(including the soundtrack accompanying the film)], the producer and the principal director;

• (c) in the case of a broadcast, the person making the broadcast or in the case of a broadcast which relays another broadcast by reception and immediate retransmission, without alteration, the person making that other broadcast;

• (d) in the case of a cable programme, the person providing the cable programme service in which the programme is included;

• (e) in the case of a typographical arrangement of a published edition, the publisher;

• (f) in the case of a work which is computer-generated, the person by whom the arrangements necessary for the creation of the work are undertaken;

• (g) in the case of an original database, the individual or group of individuals who made the database; and

• (h) in the case of a photograph, the photographer.

22. Works of joint authorship.

22.—(1) In this Act, “a 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 distinct from that of the other author or authors.

• (2) A film shall be treated as a work of joint authorship unless the producer and the principal director are the same person.

• (3) A broadcast shall be treated as a work of joint authorship if more than one person makes the broadcast and the contribution of each person is not distinct from that of any of the others involved in making that broadcast.

• (4) References in this Act to the author of a work shall, unless otherwise provided, be construed, in relation to a work of joint authorship, as references to all of the authors of the work.

23. First ownership of copyright.

23.—(1) The author of a work shall be the first owner of the copyright unless—

• (a) the work is made by an employee in the course of employment, in which case the employer is the first owner of any copyright in the work, subject to any agreement to the contrary,

• (b) the work is the subject of Government or Oireachtas copyright,

• (c) the work is the subject of the copyright of a prescribed international organisation, or

• (d) the copyright in the work is conferred on some other person by an enactment.

• (2) Where a work, other than a computer program, is made by an author in the course of employment by the proprietor of a newspaper or periodical, the author may use the work for any purpose, other than for the purposes of making available that work to newspapers or periodicals, without infringing the copyright in the work.

Chapter 3 Duration of Copyright

24. Duration of copy- right in a literary, dramatic, musical or artistic work or an original database.

24.—F16[(1) The copyright in a literary, dramatic, musical or artistic work, or an original database, shall expire 70 years after the death of the author irrespective of—

• (a) the date (if any) on which the work is first lawfully made available to the public, or

• (b) whether the work is ever lawfully made available to the public.]

• F17[(1A) Notwithstanding subsection (1), the copyright in a musical composition with words shall expire 70 years after the last of the following persons dies, namely:

• (a) the author or authors of the musical composition whose identity is known;

• (b) the author or authors of the words whose identity is known;

provided that both the musical composition and the words were specifically created for the musical composition with words and that either the musical composition or the words were protected by copyright in at least one Member State on 1 November 2013, or were created on or after that date.]

• (2) The copyright in a work specified in subsection (1) F17[, or, in the case of a musical composition with words referred to in subsection (1A), a musical composition with words,] which is anonymous or pseudonymous shall expire 70 years after the date on which the work is first lawfully made available to the public.

• (3) In respect of an anonymous or pseudonymous work referred to in subsection (2)—

• (a) where the pseudonym adopted by the author leaves no doubt as to his or her identity,

• (b) where the author discloses his or her identity, or

• (c) where his or her identity becomes known during the 70 years from the date on which the work is first lawfully made available to the public,

the copyright in that work shall expire 70 years after the death of that author.

• F17[(4) In relation to a musical composition with words referred to in subsection (1A), references in subsection (3) and in section 32(1) to the identity of the author becoming known or being disclosed shall be construed as references to the identity of any of the authors of the musical composition or the words becoming known or being disclosed.]

24A. F18[Transitional provisions relat- ing to section 24(1A).

24A.—(1) Subject to subsection (2), where, in relation to a musical composition with words referred to in section 24(1A)—

• (a) the copyright in either the musical composition or the words had expired prior to 1 November 2013 and is revived by virtue of section 24(1A), or

• (b) the copyright in the musical composition or the words did not expire before 1 November 2013 and is extended by virtue of section 24(1A),

the owner of the copyright as so revived or extended shall be the author, or, in the event that that person is deceased, his or her legal personal representative.

• (2) Where, in the case of revived or extended copyright specified in subsection (1), a deed of assignment or other binding legal instrument transferring ownership in the copyright of the musical composition or the words expressly provided that, in the event of any revival or extension of the copyright being effected by or under any enactment, the copyright as so revived or extended would vest in the person to whom ownership in the copyright was transferred, the ownership of the copyright shall vest accordingly.

• (3) Where, in relation to a musical composition with words referred to in section 24(1A), the copyright in either the musical composition or the words had expired prior to 1 November 2013 and was revived by virtue of section 24(1A) ("revived copyright")—

• (a) a person who, before 1 November 2013, undertook the exploitation of such a work at a time when that work was not protected by copyright shall not be regarded as having infringed the revived copyright,

• (b) a person who, before 1 November 2013, undertook the exploitation of such a work at a time when that work was not protected by copyright shall not infringe the revived copyright by continuing that exploitation of that work,

• (c) a person who, before 1 November 2013, made preparations to exploit such a work at a time when that work was not protected by copyright shall not infringe the revived copyright by the exploitation which he or she undertakes of that work on foot of such preparations,

• (d) a person who does anything in relation to a literary, dramatic or musical work or a film that contains a copy of such a work or is an adaptation of such a work, where the literary, dramatic or musical work or film—

• (i) was made before commencement, or

• (ii) was made on foot of preparations made before 1 November 2013,

shall not infringe the revived copyright in such a work if—

• (I) the copy or adaptation of that work was made before 1 November 2013 at a time when that work was not protected by copyright, or

• (II) the copy or adaptation of that work was made on foot of preparations made before 1 November 2013 at a time when that work was not protected by copyright, and

• (e) a person who exploits such a work on or after 1 November 2013 shall not infringe revived copyright in that work if the exploitation is done at a time when, or is on foot of preparations made at a time when, the name and the address of a person entitled to authorise the exploitation cannot by reasonable inquiry be ascertained.

• (4) It is not an infringement of any moral right conferred by Chapter 7 of Part II to do anything which by virtue of subsection (3) is not an infringement of copyright.]

25. Duration of copy- right in films.

25.—(1) Subject to subsection (2), the copyright in a film shall expire 70 years after the last of the following persons dies, namely:

• (a) the principal director of the film;

• (b) the author of the screenplay of the film;

• (c) the author of the dialogue of the film;

• (d) the author of music specifically composed for use in the film.

• (2) Where a film is first lawfully made available to the public during the period of 70 years following the death of the last of the persons specified in subsection (1), the copyright in that film shall expire 70 years after the date of such making available.

• (3) Where the copyright in a film has expired, a person who, after such expiration, makes available to the public the film or causes the film to be so made available shall not infringe the copyright in any work included in the film.

26. Duration of copy- right in sound recordings.

26.—The copyright in a sound recording shall expire—

• (a) 50 years after the sound recording is made, or

• (b) where it is first lawfully made available to the public during the period specified in paragraph (a), 50 years after the date of such making F19[available, or]

• F20[(c) notwithstanding paragraph (b), where the sound recording is lawfully made available to the public during the period specified in paragraph (a), and—

• (i) where the rights of the performer and the producer would still have been protected on 1 November 2013, had the European Union (Term of Protection of Copyright and Certain Related Rights) (Directive 2011/77/EU) Regulations 2013 not come into operation on that date, or

• (ii) where the sound recording is created on or after 1 November 2013,

70 years after the date of such making available.]

27. Duration of copy- right in broad- casts.

27.—(1) The copyright in a broadcast shall expire 50 years after the broadcast is first lawfully transmitted.

• (2) The copyright in a repeat broadcast shall expire at the same time as the copyright in the original broadcast and no copyright shall subsist in a repeat broadcast which is transmitted after the expiration of the copyright in the original broadcast.

28. Duration of copy- right in cable programmes.

28.—(1) The copyright in a cable programme shall expire 50 years after the cable programme is first lawfully included in a cable programme service.

• (2) The copyright in a repeat cable programme shall expire at the same time as the copyright in the original cable programme and no copyright shall subsist in a repeat cable programme which is included in a cable programme service after the expiration of the copyright in the original cable programme.

29. Duration of copy- right in typo- graphical arrangements.

29.—The copyright in a typographical arrangement of a published edition shall expire 50 years after the date on which it is first lawfully made available to the public.

30. Duration of copy- right in computer-gener- ated works.

30.—The copyright in a work which is computer-generated shall expire 70 years after the date on which the work is first lawfully made available to the public.

31. Duration of copy- right in works in volumes, parts, etc.

31.—Where a work is lawfully made available to the public in volumes, parts, instalments, issues or episodes and the copyright subsists from the date on which the work is so made available, the copyright shall subsist in respect of each separate item.

31A. F21[Duration of copyright in rela- tion to registered design.

31A.—F22[...]]

31B. F23[Transitional provisions for section 31A

31B.—(1) An act to which subsection (2) applies is not an infringement of the copyright in a design registered under the Industrial Designs Act 2001 if—

• (a) that act is done pursuant to a contract entered into before the relevant date, and

• (b) that act, if it were done immediately before the relevant date, would not, by virtue of section 31A, have been such an infringement.

• (2) An act to which this subsection applies is any of the following acts done, in relation to a design referred to in subsection (1), during the 6 months period immediately following and including the relevant date:

• (a) the copying of the design;

• (b) the provision of means for making a copy of the design;

• (c) the importation into the State of a copy of the design.

• (3) An act to which subsection (4) applies is not an infringement of the copyright in a design registered under the Industrial Designs Act 2001 if that act, if it were done on the day immediately before the relevant date, would not, by virtue of section 31A, have been such an infringement.

• (4) An act to which this subsection applies is any of the following acts done, in relation to a design referred to in subsection (3), during the 6 months period immediately following and including the relevant date:

• (a) the issuing or selling, or renting or lending, to the public of a copy of the design that was made in, or imported into, the State—

• (i) before the relevant date, or

• (ii) during that 6 months period pursuant to a contract entered into before the relevant date;

• (b) the communication to the public of that design in connection with anything done in reliance on paragraph (a).

• (5) In this section, "relevant date" means the date referred to in section 1(7) of the Copyright and Other Intellectual Property Law Provisions Act 2019.]

32. Miscellaneous matters in rela- tion to duration.

32.—(1) Where the identity of the author of an anonymous or pseudonymous work becomes known or is disclosed after the term of copyright provided in section 24(2) has expired, the term of copyright provided in subsection (1) F24[or subsection (1A), as the case may be,] of that section shall not apply, and copyright in the work shall be deemed to have expired 70 years from the date on which the work was first lawfully made available to the public.

• (2) Copyright shall not subsist in an anonymous or pseudonymous literary, dramatic, musical or artistic work, F24[or a musical composition with words,] or original database where it is reasonable to presume that the author has been dead for 70 years or more.

• (3) Copyright shall not subsist in an anonymous or pseudonymous film where it is reasonable to presume that the last of any of the persons specified in section 25 has been dead for 70 years or more.

• (4) In relation to works of joint authorship, the reference in section 24 to the death of the author shall be construed—

• (a) where the identity of all of the authors is known, as a reference to the death of the last of the joint authors, or

• (b) where the identity of any of the authors is known and the identity of one or more of the others is not, as a reference to the death of the last of the joint authors whose identity is known.

• (5) In relation to a work of joint authorship, references to the identity of the author becoming known or being disclosed shall be construed as references to the identity of any of the authors becoming known or being disclosed.

33. Expiry of copy- right.

33.—Where the term of copyright in a work is not calculated from the death of the author or authors and the work is not lawfully made available to the public within 70 years of its creation, the copyright in that work shall expire on the expiration of that period of 70 years.

34. Making available of a work not previously made available.

F25[34.—(1) Subject to subsection (2), any person who, after the expiration of the copyright in a work, lawfully makes available to the public for the first time a work which was not previously so made available, shall benefit from rights equivalent to the rights of an author (other than the moral rights) for 25 years from the date on which the work is first lawfully made available to the public.

• (2) A work is not lawfully made available to the public by a person for the purposes of subsection (1) if the person has made the work available to the public without first obtaining the express consent of the owner of the physical medium in which the work is embodied, or on which the work is recorded, to do so.].

34A. F26[Presumption relevant to section 34.

34A.—In civil proceedings for infringement of a right conferred in respect of a work made available to the public under section 34, where copies of the work bear or incorporate a statement, label or other mark that a named person is the owner of rights in the work under that section, the statement, label or mark shall be admissible as evidence of the fact stated or indicated and shall be presumed to be correct, unless the contrary is proved.]

35. Calculation of term of copy- right.

35.—Where a term of copyright is provided for in this Act, the term shall be calculated from the first day of January of the year following the event that gives rise to that term.

36. Non-application of certain provi- sions on duration to Government copyright, etc.

36.—Sections 24 to 35 shall not apply to Government or Oireachtas copyright or to the copyright of prescribed international organisations.

Chapter 4 Rights of Copyright Owner

37. Acts restricted by copyright in a work.

37.—(1) Subject to the exceptions specified in Chapter 6 and to any provisions relating to licensing in this Part, the owner of the copyright in a work has the exclusive right to undertake or authorise others to undertake all or any of the following acts, namely:

• (a) to copy the work;

• (b) to make available to the public the work;

• (c) to make an adaptation of the work or to undertake either of the acts referred to in paragraph (a) or (b) in relation to an adaptation,

and those acts shall be known and in this Act referred to as “acts restricted by copyright”.

• (2) The copyright in a work is infringed by a person who without the licence of the copyright owner undertakes, or authorises another to undertake, any of the acts restricted by copyright.

• F27[(3) For the purposes of any reference in this Act to the undertaking of an act restricted by the copyright in a work—

• (a) "work" shall be construed as a reference to—

• (i) the work as a whole,

• (ii) any substantial part of the work, or

• (iii) rights identifying information embedded or otherwise incorporated in the work, and

• (b) the undertaking of an act indirectly, as well as directly, shall be taken to be included in such reference.]

38. Playing of sound recordings — licences of right.

38.—(1) Notwithstanding the provisions of section 37, where a person proposes to—

• (a) play a sound recording in public, or

• (b) include a sound recording in a broadcast or a cable programme service,

he or she may do so as of right where he or she—

• (i) agrees to make payments in respect of such playing or inclusion in a broadcast or a cable programme service to a licensing body, and

• (ii) complies with the requirements of this section.

• (2) A person may avail of the right to play a sound recording in public or to include a sound recording in a broadcast or a cable programme service, where he or she—

• (a) gives notice to each licensing body concerned of his or her intention to play sound recordings in public or include sound recordings in a broadcast or a cable programme service,

• (b) informs each of those bodies of the date on and from which he or she intends to play sound recordings in public or include sound recordings in a broadcast or a cable programme service,

• (c) makes payments to the licensing body at intervals of not less than 3 months in arrears,

• (d) complies with any reasonable conditions relating to payments under this section as may be notified to him or her by the licensing body from time to time, and

• (e) complies with any reasonable requests for information from the licensing body to enable it to calculate and manage payments under this section.

• (3) A person who satisfies the conditions specified in subsection (2) shall be deemed to be in the same position as regards infringement of copyright as if he or she had been the holder of a licence granted by the owner of the copyright in question at all material times.

• (4) Where the person intending to play sound recordings in public or to include sound recordings in a broadcast or a cable programme service and the licensing body fail to reach agreement as to fair payment under subsection (2) within a reasonable time, the terms of the proposed agreement shall be referred to the Controller for determination of the amount and terms of payment.

• (5) In the case of a dispute referred to the Controller under subsection (4), a person shall not exercise the right conferred by subsection (1) unless he or she—

• (a) gives reasonable notice to the Controller that he or she has commenced or intends to commence the playing of sound recordings in public and that a dispute has arisen between him or her and the licensing body concerned as to the terms of payment and the exercise of the right; and

• (b) applies to the Controller for a determination under subsection (4).

• (6) Where the terms of a proposed agreement are referred to the Controller under subsection (4) a person shall not exercise a right conferred by subsection (1) unless he or she—

• (a) gives notice in writing to the Controller of his or her intention to exercise the right, and of the date on which he or she proposes to begin to do so, and

• (b) applies in writing to the Controller for a determination under subsection (4).

• (7) On an application to settle the terms of payment being referred to the Controller, he or she shall consider the matter and make such order as he or she may determine to be reasonable in the circumstances and that order shall take effect on and from the date on which the applicant begins to exercise the right, and any necessary repayments or further payments shall be made in respect of amounts which, in consequence of the terms of the order, have fallen due.

• (8) Where no request for payment has been made by the licensing body, or where the amount requested by the licensing body is disputed by the person exercising the right then, pending the making of an order by the Controller under subsection (7), the person exercising the right shall pay to the licensing body such amount as he or she considers reasonable, and shall notify the licensing body and the Controller of his or her intention to do so.

• (9) A person exercising the right conferred by subsection (1), or who has given notice to the Controller of his or her intention to do so, may also refer to the Controller the question of—

• (a) whether any condition relating to payment, notice of which has been given to him or her by the licensing body concerned is a reasonable condition, or

• (b) whether any licence condition, notice of which has been given to him or her by the licensing body in question, is a reasonable condition, or

• (c) whether any information required by the licensing body is information which the licensing body can reasonably require him or her to provide.

• (10) Where a reference is made under subsection (9), the Controller shall consider the matter and make such order as he or she may determine to be reasonable in the circumstances.

• (11) A person exercising the right conferred by subsection (1) or a licensing body may apply to the Controller to review any order under subsection (7) or (10).

• (12) An application under subsection (11) may not be made except with the special leave of the Controller—

• (a) within 12 months from the date of the order or of the decision on a previous application under this section, or

• (b) where the order was made so as to be in force for 15 months or less or, as a result of the decision on a previous application, is due to expire within 15 months of that decision,

until at least 3 months before the expiration of the order.

• (13) Where an application is made under subsection (11), the Controller shall consider the matter and make such order confirming or varying the original order as he or she may determine to be reasonable in the circumstances and any order made under this subsection shall be for such period as may be specified by the Controller.

• (14) This section shall not apply in any circumstances where sound recordings are made available to the public by wire or wireless means in such a way that members of the public may access the sound recordings from a place and at a time individually chosen by them (including the making available of copies of sound recordings through the Internet).

• (15) Notwithstanding section 149, in this section “licensing body” means a society, a company registered under the Companies Acts, 1963 to 1999, or other organisation which has as one of its objects the negotiation or granting of licences to play sound recordings in public or to include sound recordings in broadcasts or cable programme services, either as owner or prospective owner of copyright in the said sound recording or as his or her exclusive licensee, agent or designated representative and shall include a human person who has the right to negotiate or grant a licence to play sound recordings in public or to include sound recordings in broadcasts or cable programme services, either as owner or prospective owner of copyright in the sound recordings.

39. Reproduction right.

39.—(1) References in this Part to copying shall be construed as including refer-ences to all or any of the following, namely:

• (a) in relation to any work—

• (i) storing the work in any medium,

• (ii) the making of copies which are transient or incidental to some other use of the work;

• (b) in relation to an artistic work, the making of a copy in three dimensions of a two dimensional work and the making of a copy in two dimensions of a three dimensional work;

• (c) in relation to a film, television broadcast or cable programme, making a photograph of the whole or a substantial part of any image forming part of the film, broadcast or programme;

• (d) in relation to a typographical arrangement of a published edition, making a reprographic copy of the arrangement.

• (2) There shall be a right of the owner of copyright to copy a work or to authorise others to do so which shall be known and in this Part referred to as the “reproduc-tion right”.

40. Making available right.

40.—(1) References in this Part to the making available to the public of a work shall be construed as including all or any of the following, namely:

• (a) making available to the public of copies of the work, by wire or wireless means, in such a way that members of the public may access the work from a place and at a time chosen by them (including the making available of copies of works through the Internet);

• (b) performing, showing or playing a copy of the work in public;

• (c) broadcasting a copy of the work;

• (d) including a copy of the work in a cable programme service;

• (e) issuing copies of the work to the public;

• (f) renting copies of the work;

• (g) lending copies of the work F28[...],

and references to “lawfully making available to the public” shall mean the under-taking of any of the acts referred to in paragraphs (a) to (g) by or with the licence of the copyright owner.

• (2) References in this Part to the making available to the public of copies of a work shall include the making available to the public of the original of the work.

• (3) Subject to subsection (4), the provision of facilities for enabling the making available to the public of copies of a work shall not of itself constitute an act of making available to the public of copies of the work.

• (4) Without prejudice to subsection (3), where a person who provides facilities referred to in that subsection is notified by the owner of the copyright in the work concerned that those facilities are being used to infringe the copyright in that work and that person fails to remove that infringing material as soon as practicable thereafter that person shall also be liable for the infringement.

• (5) Without prejudice to subsection (4), the Minister may prescribe the form of the notice to be given under that subsection and the form shall specify—

• (a) the name and address of the person claiming to be the owner of the copyright in the work concerned,

• (b) the grounds that the person requesting the removal of material has for such removal, and

• (c) a list of the material which is to be removed.

F29[(5A)(a) The owner of the copyright in a work may, in respect of that work, apply to the High Court for an injunction against an intermediary to whom paragraph 3 of Article 8 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001¹ on the harmonisation of certain aspects of copyright and related rights in the information society applies.

• (b) In considering an application for an injunction under this subsection, the court shall have due regard to the rights of any person likely to be affected by virtue of the grant of any such injunction and the court shall give such directions (including, where appropriate, a direction requiring a person be notified of the application) as the court considers appropriate in all of the circumstances.]

• (6) References in this Part to “performance”, in relation to a work, shall include—

• (a) delivery, in the case of lectures, addresses, speeches and sermons, and

• (b) any means of presentation of sounds or images, or any combination of sounds or images or representations thereof, including presentation by means of a sound recording, film, broadcast or cable programme of the work.

• (7) Where copyright in a work is infringed by its being performed, played or shown in public, by means of apparatus for receiving sounds, images or data or any combination of sounds, images or data, or the representations thereof, conveyed by any means, the person by whom sounds, images or data or any combination of sounds, images or data, or the representations thereof, are sent shall not be regarded as liable for the infringement and a performer shall not be regarded as liable for the infringement to the extent that the infringement relates to his or her activity as a performer.

• F30[(7A) For the avoidance of doubt, no infringement of any right created by this Part in relation to an artistic or literary work occurs by reason of the placing on display the work, or a copy thereof, in a place or premises to which members of the public have access.]

• (8) There shall be a right of the owner of copyright to make available to the public copies of a work or to authorise others to do so which shall be known and in this Part referred to as the “making available right”.

41. Distribution right.

41.—(1) References in this Part to the issue of copies of a work to the public shall be construed as including: