COPYRIGHT AND RELATED RIGHTS ACT, 2000

• (a) the act of putting into circulation in a Member State of the EEA copies not previously put into circulation in a Member State of the EEA by or with the licence of the copyright owner; or

• (b) the act of putting into circulation outside the Member States of the EEA copies not previously put into circulation in a Member State of the EEA or elsewhere.

• (2) Without prejudice to the rental right or the lending right, references in this Part to the issue of copies of a work to the public shall not include:

• (a) any subsequent circulation of copies previously put into circulation; or

• (b) any subsequent importation of such copies into the State or any other Member State of the EEA,

except in so far as subsection (1)(a) applies to putting into circulation in the Member States of the EEA copies previously put into circulation outside the Member States of the EEA.

• (3) References in this section to “circulation” shall include sale, rental or loan.

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

42. Rental and lend- ing right.

42.—(1) References in this Part to “rental” or “lending” shall be construed as including references to the rental or lending of:

• (a) a literary, dramatic or musical work, film or original database;

• (b) an artistic work, other than—

• (i) a work of architecture in the form of a building or a model for a building, or

• (ii) a work of applied art;

• (c) a sound recording; or

• (d) a typographical arrangement of a published edition,

and shall not include, in the case of a computer program, rentals where the program itself is not the essential object of the rental.

• (2) In this Part, subject to subsection (3)—

• (a) “rental” means making a copy of a work available for use, on terms that it is to be or may be returned after a limited period of time, for direct or indirect economic or commercial advantage, and

• (b) “lending” means making a copy of a work available for use, on terms that it is to be or may be returned after a limited period of time, otherwise than for direct or indirect economic or commercial advantage, through an establishment to which members of the public have access.

• (3) References in this Part to “rental” or “lending” shall not include the making available of copies of a work for the purposes of—

• (a) performing, playing or showing in public, broadcasting or inclusion in a cable programme service,

• (b) exhibition in public, or

• (c) on the spot reference use.

• (4) The making of a copy of a work available between establishments to which members of the public have access shall not infringe the copyright in the work.

• (5) For the purpose of this section, where lending by an establishment to which members of the public have access gives rise to a payment the amount of which does not exceed that which is necessary to cover the operating costs of the estab-lishment, there is no direct or indirect economic or commercial advantage.

• (6)
• (a) There shall be a right of the owner of copyright to rent copies of a work or to authorise others to do so which shall be known and in this Part referred to as the “rental right”.

• (b) F31[Subject to subsection (7), there] shall be a right of the owner of copyright to lend copies of a work or to authorise others to do so which shall be known and in this Part referred to as the “lending right”.

• F32[(7) The lending right in relation to a work does not apply at any time in a period during which a scheme for the remuneration of authors is in effect, pursuant to section 42A, in relation to works of a class in which that work is included, whether the author, or (in the case of a work of joint authorship) any of the authors, is a participant in that scheme or not.]

42A. F33[Public Lend- ing Remuneration Scheme.

42A.—(1) The Minister for the Environment, Heritage and Local Government may by regulation establish a scheme, to be known as the Public Lending Remuneration Scheme, to remunerate authors, out of moneys voted by the Oireachtas for the purpose, for the lending by public libraries of qualifying works.

• (2) For the purposes of subsection (1), a work is a qualifying work in relation to a particular period if—

• (a) in relation to that period, it is a work included in a class of works declared by regulations made for the purposes of that subsection to be a class of works to which the scheme applies, and

• (b) the author of the work (or, in the case of a work of joint authorship, any one or more of the joint authors) is a citizen or subject of, or is an indi-vidual domiciled or ordinarily resident in, a Member State of the EEA.

• (3) Regulations made for the purposes of subsection (1) shall make comprehensive provision for the operation of the Public Lending Remuneration Scheme, and may include, in particular, provisions relating to—

• (a) the manner of participation in the scheme by individual authors, including, but not limited to—

• (i) a requirement for the registration of authors and their works as a condition of participation in the scheme, and

• (ii) in the case of works of joint authorship, provision for distinguishing, between those of the joint authors who are citizens or subjects of, or are individuals domiciled or ordinarily resident in, Member States of the EEA and those who are not,

• (b) in relation to any requirement for the registration of authors—

• (i) the manner of maintaining the register, and

• (ii) the form and particulars of entries in it,

• (c) the manner of calculating the entitlements of participating authors, including, but not limited to—

• (i) the manner of calculating, or estimating, the number of instances of lending of the works of individual authors or of individual works of individual authors,

• (ii) the rate of remuneration, including—

• (I) differential rates of remuneration for particular classes of work, and

• (II) in the case of works of joint authorship, differential rates of remu-neration for the individual joint authors,

• (iii) the periods in respect of which payments may be made under the scheme, and

• (iv) minimum and maximum amounts payable, in respect of a specified period, to individual participating authors,

• (d) the manner in which payments under the scheme are to be made,

• (e) the establishment or designation of one or more persons or bodies to exercise powers and perform duties in respect of the administration of the scheme or any part of it (including the making of payments under the scheme), and

• (f) the making of arrangements with authorities in other countries for—

• (i) reciprocal registration of authors and works, and

• (ii) the sharing and exchange of data relating to the operation of the scheme and similar schemes in those countries.

• (4) A person who contravenes a provision of regulations made for the purposes of subsection (1) that is expressed to be a provision contravention of which attracts the operation of this subsection is guilty of an offence punishable on summary conviction by a fine not exceeding €5,000.

• (5) In this section—

"author" includes, in relation to a recording of a performance, the performer;

"public library" means a library to which members of the public have access that is operated by or under the direction of a library authority within the meaning of section 77(1) of the Local Government Act 2001.]

43. Infringement by adaptation of works.

43.—(1) For the purposes of section 37—

• (a) an adaptation is made when it is recorded in writing or otherwise, and

• (b) it shall be immaterial to the interpretation of this section whether the adaptation has been recorded in writing or otherwise at the time an act restricted by copyright is undertaken.

• (2) Without prejudice to the generality of section 37(1)(c), in this Part, “adaptation” in relation to—

• (a) a literary or dramatic work, film, sound recording, broadcast, cable programme or typographical arrangement of a published edition, includes—

• (i) a translation, arrangement or other alteration of the work,

• (ii) a version of a dramatic work which is converted into a non-dramatic work or the conversion of a non-dramatic work into a dramatic work, and

• (iii) a version of a work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction;

• (b) a musical work, includes a translation, arrangement or other alteration or transcription of the work;

• (c) an artistic work, includes a collage of the work with other works, an arrangement or other alteration of the work;

• (d) a computer program, includes a translation, arrangement or other alteration of the computer program; or

• (e) an original database, includes a translation, arrangement or other alteration of the original database.

• (3) In this section “translation”, in relation to a computer program, includes the making of a version of the computer program in which it is converted into or out of a computer language or code or into a different computer language or code.

Chapter 5 Secondary Infringement of Copyright

44. Interpretation of infringing copy.

44.—(1) In this Part “infringing copy”, in relation to a copyright work, shall be construed in accordance with this section.

• (2) A copy shall be an infringing copy—

• (a) where the making of it constitutes an infringement of the copyright in the work concerned, or

• (b) where it has been or is to be imported into the State, and its making in the State would have constituted an infringement of the copyright in the work concerned, or a breach of an exclusive licence agreement relating to that work.

• (3) A copy of a work which has previously been issued to the public in accordance with section 41 in any Member State of the EEA by, or with the licence of, the copyright owner shall not be deemed to be an infringing copy for the purposes of subsection (2).

• (4) Where, in any proceedings for infringement of the copyright in a work, the issue arises whether a copy is an infringing copy and it is proved that—

• (a) the copy is a copy of the work concerned, and

• (b) copyright subsists in that work or has subsisted at any time in that work,

it shall be presumed until the contrary is proved that the copy was made at a time when copyright subsisted in the work.

45. Secondary infringement: dealing with infringing copy.

45.—A person infringes the copyright in a work where he or she without the licence of the copyright owner—

• (a) sells, rents or lends, or offers or exposes for sale, rental or loan,

• (b) imports into the State, otherwise than for his or her private and domestic use,

• (c) in the course of a business, trade or profession, has in his or her possession, custody or control, or makes available to the public, or

• (d) otherwise than in the course of a business, trade or profession, makes available to the public to such an extent as to prejudice the interests of the owner of the copyright,

a copy of the work which is, and which he or she knows or has reason to believe is, an infringing copy of the work.

46. Secondary infringement: providing means for making infringing copies.

46.—(1) A person infringes the copyright in a work where he or she, without the licence of the copyright owner—

• (a) makes,

• (b) sells, rents or lends, or offers or exposes for sale, rental or loan,

• (c) imports into the State, or

• (d) has in his or her possession, custody or control,

an article specifically designed or adapted for making copies of that work, knowing or having reason to believe that it has been or is to be used to make infringing copies.

• (2) A person infringes the copyright in a work where he or she, without the licence of the copyright owner, transmits the work by means of a telecommunications system (otherwise than by broadcasting or inclusion in a cable programme service) knowing or having reason to believe that infringing copies of the work may be made by means of the reception of the transmission in the State or elsewhere.

47. Secondary infringement: permitting use of premises for infringing performances.

47.—(1) Where the copyright in a work is infringed by a performance at a place of public entertainment, any person who gave permission for that place to be used for the performance shall also be liable for the infringement unless, when that person gave permission, he or she had reason to believe that the performance would not infringe copyright.

• (2) In this section, “place of public entertainment” includes premises which are occupied mainly for other purposes and which are from time to time made available for hire for the purpose of public entertainment.

48. Secondary infringement: permitting use of apparatus for infringing performances.

48.—Where the copyright in a work is infringed by a public performance of the work, or by playing or showing the work in public, by means of apparatus for—

• (a) playing sound recordings,

• (b) showing films, or

• (c) receiving sounds or images or any combination of sounds or images, or the representations thereof, conveyed by any means,

the following persons shall also be liable for the infringement:

• (i) a person who supplied the apparatus, or any substantial part thereof if, when he or she supplied the apparatus or part thereof—

• (I) he or she knew or had reason to believe that the apparatus was likely to be used to infringe copyright, or

• (II) in the case of apparatus the normal use of which involves a public performance, playing or showing, he or she had reason to believe that it would be used to infringe copyright;

• (ii) an owner or occupier of premises who gave permission for the apparatus to be brought onto the premises if, when the owner or occupier gave permission, he or she knew or had reason to believe that the apparatus was likely to be used to infringe copyright; and

• (iii) a person who supplied a copy of a sound recording or film used to infringe copyright if, when the person supplied it, he or she knew or had reason to believe that what was supplied, or a copy made directly or indirectly therefrom, was likely to be used to infringe copyright.

Chapter 6 Acts Permitted in Relation to Works Protected by Copyright

49. Exemptions in respect of copy- right works.

49.—In this Part, an act may be exempted under more than one category of exemption and the exemption of an act under one category of exemption shall not preclude its exemption under another category.

50. Fair dealing: research or private study.

50.—(1) Fair dealing with a literary, dramatic, musical or artistic work, sound recording, film, broadcast, cable programme, or non-electronic original database, for the purposes of research or private study, shall not infringe any copyright in the work.

• (2) Fair dealing with a typographical arrangement of a published edition for the purposes of research or private study shall not infringe any copyright in the arrangement.

• (3) The copying by a person, other than the researcher or private student, is not fair dealing where—

• (a) in the case of a librarian or archivist, he or she does anything which is not permitted under section 63, or

• (b) in any other case, the person copying knows or has reason to believe that the copying will result in copies of substantially the same material being provided to more than one person at approximately the same time and for substantially the same purpose.

• (4) In this Part, “fair dealing” means the making use of a literary, dramatic, musical or artistic work, film, sound recording, broadcast, cable programme, non-electronic original database or typographical arrangement of a published edition which has already been lawfully made available to the public, for a purpose and to an extent which will not unreasonably prejudice the interests of the owner of the copyright.

• (5) In this Part, the following acts are not fair dealing—

• (a) converting a computer program expressed in a low level computer language into a version expressed in a higher level computer language, or

• (b) copying a computer program in an incidental manner in the course of converting that program.

• F34[(6) The exemption provided for in this section shall not apply to reproductions of sheet music, on paper or any similar medium, effected by the use of any kind of photographic technique or by some other process having similar effects.]

51. Fair dealing: criti- cism or review.

51.—(1) Fair dealing with a work for the purposes of criticism or review of that or another work or of a performance of a work shall not infringe any copyright in the work where the criticism or review is accompanied by a sufficient acknowledge-ment.

• F35[(2) It is not an infringement of the rights conferred by this Part if a copy of a work (other than a photograph) on current economic, political or religious matters or similar matters is made by a media business (within the meaning of section 28A(1) of the Competition Act 2002) and communicated by the media business to the public if—

• (a) such use is not expressly reserved, and

• (b) the copy and communication are accompanied by a sufficient acknowledge-ment.

• (2A) Where a copy which would otherwise be an infringing copy is made under subsection (2) but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.]

• (3) In F35[this Act], “sufficient acknowledgement” means an acknowledgement identifying the work concerned by its title or other description and identifying the author unless—

• (a) in the case of a work which has been lawfully made available to the public, it was so made available anonymously, or

• (b) in the case of a work which has not been made available to the public, it is not possible for a person without previous knowledge of the facts to ascertain the identity of the author of the work by reasonable enquiry.

52. Incidental inclu- sion of copyright material.

52.—(1) The copyright in a work is not infringed by its inclusion in an incidental manner in another work.

• (2) The copyright in a work is not infringed by the making available to the public of copies of anything the making of which was not, by virtue of subsection (1), an infringement of the copyright.

• (3) A work shall not be regarded as included in an incidental manner in another work where it is included in a manner where the interests of the owner of the copyright are unreasonably prejudiced.

• (4) The copyright in a work which has been lawfully made available to the public is not infringed by the use of quotations or extracts from the work, where such use does not prejudice the interests of the owner of the copyright in that work and such use is accompanied by a sufficient acknowledgement.

• F36[(5) Fair dealing with a work for the purposes of caricature, parody or pastiche shall not infringe the copyright in that work.]

Education

53. Acts done for purposes of instruction or examination.

53.—(1) Subject to subsection (2), the copyright in a literary, dramatic, musical or artistic work or the typographical arrangement of a published edition is not infringed by its being copied in the course of F37[education or of preparation for education].

• (2) Subsection (1) shall not apply unless—

• (a) the copying is done by or on behalf of a person giving or receiving F37[education],

• (b) the copying is not by means of a reprographic process, and

• (c) the copy is accompanied by a sufficient acknowledgement.

• (3) Subject to subsection (4), the copyright in a sound recording, film, broadcast, cable programme or an original database is not infringed by its being copied in the course of F37[education or of preparation for education].

• (4) Subsection (3) shall not apply unless—

• (a) the copying is done by or on behalf of a person giving or receiving F37[education],

• (b) the copying results in only a single copy being made, and

• (c) the copy is accompanied by a sufficient acknowledgement.

• (5) Subject to subsection (6), the copyright in a work is not infringed by anything done for the purposes of an examination by way of setting questions, communicating questions to the candidates or answering questions.

• (6) Subsection (5) shall not apply to the making of a reprographic copy of a musical work for use by an examination candidate in performing the work.

• (7) Where a copy that would otherwise be an infringing copy is made under this section but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.

53A. F38[Text and data mining for non-commercial research

53A.—(1) Subject to subsection (3), the making of a copy of a work by a person who has lawful access to the work does not infringe copyright in the work where the copy is—

• (a) made in order that the person may carry out a computational analysis of anything in the work for the sole purpose of research for a non-commercial purpose, and

• (b) accompanied by a sufficient acknowledgement.

• (2) A copy made under subsection (1) of a work which was, at the time when the copy was made, available without a restriction as to its access does not infringe copyright, and whether or not that work continues to be so available after that time.

• (3) Where a copy of a work has been made under subsection (1) by a person, the copyright in the work is infringed where the copy—

• (a) is transferred to any other person, except where the transfer is authorised by the copyright owner, or

• (b) is used for any purpose other than the purpose referred to in subsection (1)(a).

• F39[(3A) A copy of a work made in compliance with subsection (1) shall be stored in a secure manner appropriate to the nature of the work concerned and may be retained for the purposes of research, including for the purposes of the verification of research results.

• (3B) In order to ensure that a copy of a work is stored with an appropriate level of security in accordance with subsection (3A), the person responsible for the security and integrity of the networks and databases where the copy is hosted (in this section referred to as “the responsible person”) shall ensure that only persons who have lawful access to the data contained in that copy shall be permitted to access those data, including through IP address validation or user authentication.

• (3C) Where a copy of a work is made in compliance with subsection (1), the author of the work, in order to satisfy himself or herself of the security and integrity of the networks and databases where the copy is hosted, shall –

• (a) be informed of the making of the copy,

• (b) be entitled to request information on the steps taken by the responsible person to comply with subsection (3B), and

• (c) be entitled, where he or she requests any additional security measures, to a response as soon as practicable as to whether or not those additional security measures will be applied.

• (3D) The exceptions and limitations provided for under this section shall only be applied in certain special cases which do not conflict with a normal exploitation of the work or other subject matter and do not unreasonably prejudice the legitimate interests of the rightholder.

• (3E) Where a beneficiary of an exception or limitation under this section has legal access to the relevant protected work or subject matter, the relevant F40[rightholder] shall ensure that that beneficiary has the means of benefiting from that exception or limitation to the extent necessary to do so.

• (3F) Any contractual provision contrary to this section shall be unenforceable.]

• (4) Without prejudice to section 374, nothing in Part VII shall be construed as operating to prevent a person from undertaking an act permitted by this section.

• (5) Without prejudice to the generality of section 52(1), where the publication of the results of a computational analysis referred to in subsection (1)(a) of a copy of a work includes the reproduction of extracts from the work, such inclusion shall constitute inclusion in an incidental manner referred to in section 52(1) if the extracts are not more than are reasonably necessary to explain, or to assist in explaining, the results of the analysis.]

53B. F41[Text and data mining for commercial purposes - excep- tion

53B.—(1) Where F42[a rightholder] has not expressly reserved in an appropriate manner, in accordance with subsection (3), the use of a work for reproduction or extraction for the purposes of text and data mining, a person who has lawful access to it but does not fall within the scope of section 53A(1), may reproduce it for the purposes of text and data mining.

• (2) Reproductions and extractions made pursuant to subsection (1) may be retained for as long as is necessary for the purposes of text and data mining.

• (3) For the purposes of subsection (1), F42[a rightholder] reserves the use of a work for reproduction or extraction for the purposes of text and data mining in an appropriate manner where the reservation concerned –

• (a) is machine-readable in the case of content made publicly available online, including metadata and terms and conditions of a website or a service, and

• (b) in case of content not made publicly available online, is clearly communicated to all persons who have lawful access to it.

• (4) The exceptions and limitations provided for under this section shall only be applied in certain special cases which do not conflict with a normal exploitation of the work or other subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder.

• (5) Where a beneficiary of an exception or limitation under this section has legal access to the relevant protected work or subject matter, the relevant F42[rightholder] shall ensure that that beneficiary has the means of benefiting from that exception or limitation to the extent necessary to do so.

• (6) Any contractual provisions contrary to this section shall be unenforceable.]

54. Anthologies for educational use.

54.—(1) Subject to subsection (2), the inclusion of a short passage from a literary, dramatic or musical work, original database or typographical arrangement of a published edition which has been lawfully made available to the public in a collection that—

• (a) is intended for use—

• (i) in educational establishments and is so described in its title, or

• (ii) in any advertisements issued by or on behalf of the publisher,

and

• (b) consists mainly of material in which no copyright subsists,

shall not infringe the copyright in the work where the work itself is not intended for use in those establishments and the inclusion is accompanied by a sufficient acknowledgement.

• (2) Subsection (1) shall not authorise the inclusion of more than 2 excerpts from works by the same author in collections which have been lawfully made available to the public by the same publisher within a period of 5 years.

• (3) In relation to any given passage the reference in subsection (2) to excerpts from works of the same author—

• (a) includes excerpts from works by him or her in collaboration with another author, and

• (b) where the passage concerned is from such a work, includes excerpts from works by any of the authors, whether alone or in collaboration with another author.

• (4) References in this section to the use of a work in an educational establishment shall be construed as references to any use of that work for the educational purposes of that establishment.

55. Performing, play- ing or showing work in course of activities of educational establishment.

55.—(1) The performance of a literary, dramatic or musical work before an audi-ence limited to persons who are teachers in or pupils in attendance at an educational establishment or other persons directly connected with the activities of that establishment—

• (a) by a teacher or pupil in the course of the activities of the establishment concerned, or

• (b) at the establishment by any person for the purposes of F43[education],

is not a public performance for the purposes of infringement of copyright.

• (2) The playing or showing of a sound recording, film, broadcast or cable programme at an educational establishment before an audience referred to in subsection (1) for the purposes of F43[education] is not a playing or showing of the work in public for the purposes of infringement of copyright.

• (3) For the purposes of this section, a person is not directly connected with the activities of an educational establishment by reason only that he or she is a parent or guardian of a pupil in attendance at the educational establishment concerned.

• (4) The Minister may specify by order establishments (other than schools) to be educational establishments for the purposes of this Act.

56. Recording by educational establishments of broadcasts and cable programmes.

56.—(1) A fixation of a broadcast or a cable programme, or a copy of such a fixation, may be made by or on behalf of an educational establishment for the educational purposes of that establishment without infringing the copyright in the broadcast or cable programme, or in any work included in the broadcast or cable programme.

• (2) This section shall not apply where there is a licensing scheme certified under section 173 and the person making the copies knew or ought to have been aware of the existence of the licensing scheme.

• (3) Where a copy which would otherwise be an infringing copy is made under this section but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.

57. F44[Illustration for education, teaching or scientific research

57.—(1) Subject to subsections (2) to (4), it is not an infringement of the rights conferred by this Part—

• (a) to make or cause to be made a copy or communication of a work for the sole purpose of illustration for education, teaching or scientific research or of preparation for education, teaching or scientific research, or

• (b) for an educational establishment, for the educational purposes of that establishment, to reproduce or cause to be reproduced a work, or to do or cause to be done, any other necessary act, in order to display it.

• (2) Subsection (1) shall apply only if the reproduction or communication is—

• (a) made for purposes that are non-commercial,

• (b) made only to the extent justified by the non-commercial purposes to be achieved, and

• (c) accompanied by a sufficient acknowledgement.

• (3) Not more than 5 per cent of any work can be copied under this section in any calendar year.

• (4) Where a copy which would otherwise be an infringing copy is made under this section but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.]

• F45[(5) Any contractual provisions contrary to this section shall be unenforceable.]

57A. F46[Distance learning provided by educational establishment

57A.—F47[(1)] F48[Subject to subsection (2), it is not an infringement of the rights conferred by this Part for]—

• (a) an educational establishment, for the educational purposes of that establish-ment, to communicate a work as part of a lesson or examination to a student of that establishment by telecommunication, and

• (b) a student who has received such a lesson or examination to make a copy of the work in order to be able to listen to or view it at a more convenient time.]

• F47[(2) Subsection (1) shall apply on condition that such use takes place –

• (a) under the authority of an educational establishment, on its premises or at other venues, or through a secure electronic environment access to which is limited to an educational establishment’s teaching staff and to pupils or students enrolled in a study programme, in particular through appropriate authentication procedures including password-based authentication, and

• (b) is accompanied by an indication of the source, including the author’s name, unless this turns out to be impossible.

• (3) The exceptions and limitations provided for under this section shall only be applied in certain special cases which do not conflict with a normal exploitation of the work or other subject matter and do not unreasonably prejudice the legitimate interests of the rightholder.

• (4) Where a beneficiary of an exception or limitation under this section has legal access to the relevant protected work or subject matter, the relevant F49[rightholder] shall ensure that that beneficiary has the means of benefiting from that exception or limitation to the extent necessary to do so.

• (5) Any contractual provisions contrary to this section shall be unenforceable.]

57B. F50[Use by educational establishment of work available through Internet

57B.—(1) Subject to subsection (2), it is not an infringement of the rights conferred by this Part if an educational establishment, for the educational purposes of that establishment, makes a copy or communication of a work that is available through the Internet.

• (2) Subsection (1) shall not apply unless the copy or communication of the work concerned is accompanied by a sufficient acknowledgement.]

57C. F51[Licensing schemes for educational establishments

57C.—(1) An exemption in respect of education provided in section 57, 57A, 57B, 61(2), 62(2), 67(3), 92, 221, 225B, 225C, 225D, 229(2), 234(3), 245(3)(a) or 329 shall not apply where—

• (a) there is a licensing scheme certified under section 173 that is applicable to the exemption concerned, and

• (b) the person making use of the work knew or ought to have been aware of the existence of the licensing scheme.

• (2) The terms of a licence granted to an educational establishment on foot of a licensing scheme certified under section 173 shall be void in so far as they purport to restrict the proportion of a work which may be copied or communicated (whether on payment or free of charge) to less than that which would be permitted under section 57, 61 or 62, as the case may be.

• (3) Sections 152 to 155 shall apply in relation to a licensing scheme referred to in subsection (1)(a) as if the scheme were one to which those sections applied pursuant to section 150.]

58. F52[Copyright not infringed by lending by educa- tional establish- ments.

58.—The copyright in a work is not infringed by the lending by an educational establishment of a copy of the work.]

58A. F53[Cultural Heritage Institu- tions

58A.—(1) It is not an infringement of the rights conferred by this Part for a cultural heritage institution to make available, for non-commercial purposes, out-of-commerce works or other subject matter that are permanently in its collections, where –

• (a) no collective management organisation exists that fulfils the conditions set out in Regulation 8(1)(a) of the European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (S.I. No. 567 of 2021) in relation to that database right,

• (b) it is accompanied by sufficient acknowledgment, and

• (c) such work is only made available on non-commercial websites.

• (2) A copyright owner under this Part may exclude his or her work from the use referred to in subsection (1) at any time by notifying the relevant cultural heritage institution by electronic or other means and by including the following in the notice—

• (a) notification that the owner is asserting his or her right pursuant to this section;

• (b) sufficient details of the work to enable it to be identified and removed from public display.

• (3) Upon receipt of a written request in accordance with subsection (2), a cultural heritage institution shall terminate its use of the work or works referred to in that written request within 4 weeks of receiving it.

• (4) This section shall not apply to sets of out-of-commerce works or other subject matter if, on the basis of the reasonable effort referred to in subsection (5), there is evidence that such sets predominantly consist of—

• (a) works, other than cinematographic or audiovisual works, first published or, in the absence of publication, first broadcast in a third country,

• (b) cinematographic or audiovisual works, of which the producers have their headquarters or habitual residence in a third country, or

• (c) works of third country nationals, where after a reasonable effort no Member State or third country could be determined pursuant to paragraphs (a) and (b).

• (5) At least 6 months before the work used under subsection (1) is distributed, communicated to the public or made available to the public, cultural heritage institutions, collective management organisations and library authorities, within the meaning of section 32 of the Local Government Act 1994, shall provide the following information on the Out-of-Commerce Works Portal established by the European Union Intellectual Property Office:

• (a) the title, where possible, the author, and a brief summary of the contents of the out-of-commerce work that is proposed to be used in accordance with subsection (1);

• (b) the information about the options available to rightholders under this section;

• (c) as soon as it is available and where relevant, information on the parties to the licence, the territories covered and the uses authorised under the license.

• (6) For the purposes of subsection (1), a work may be considered to be perman-ently in the collections of a cultural heritage institution where it is owned or permanently held by that institution, including as a result of a transfer of ownership or a licence agreement, legal deposit obligations or permanent custody arrange-ments.]

Libraries and Archives

59. Regulations relat- ing to copying by libraries and archives.

59.—(1) The Minister may make regulations for the purposes of this section and those regulations may make different provisions for different descriptions of libraries or archives and for different purposes.

• (2) Without prejudice to the generality of subsection (1), the Minister may prescribe the libraries and archives to which F54[sections 60 to 70] apply and may prescribe all or any of the following:

• (a) the conditions that are to be complied with when a librarian or archivist of a prescribed library or prescribed archive makes and supplies F55[, or causes to be made and supplied,] a copy of any part of a work which has been lawfully made available to the public to a person requiring a copy;

• (b) the conditions that are to be complied with when a librarian or archivist of a prescribed library or prescribed archive makes and supplies F55[, or causes to be made and supplied,] to another prescribed library or prescribed archive a copy of a work or part of a work which has been lawfully made available to the public and is required by that other prescribed library or prescribed archive;

• (c) the conditions that are to be complied with before a librarian or archivist of a prescribed library or prescribed archive makes F55[, or causes to be made,] a copy of a work in the permanent collection of the prescribed library or prescribed archive in order to preserve or replace that work in the permanent collection of that library or archive, or in the permanent collection of another prescribed library or prescribed archive;

• (d) the conditions that are to be complied with by a librarian or archivist of a prescribed library or prescribed archive when making or supplying F55[, or causing to be made or supplied,] a copy of the whole or part of certain works which have not been lawfully made available to the public from a work in the prescribed library or prescribed archive to a person requiring the copy.

60. Libraries and archives: declara- tions.

60.—(1) Where regulations made by the Minister under section 59 require a librarian or archivist to be satisfied as to any matter before making or supplying a copy of a work—

• (a) the librarian or archivist concerned may rely on a declaration as to that matter by the person requesting the copy, unless the librarian or archivist is aware that it is false in a material particular, and

• (b) in such cases as may be prescribed, the librarian or archivist shall not make or supply the copy in the absence of a declaration in such form as may be prescribed.

• (2) Where a person requesting a copy of a work makes a declaration which is false in a material particular and is supplied with a copy which would have been an infringing copy if made by him or her—

• (a) he or she shall be liable for infringement of copyright as if he or she had made the copy, and

• (b) the copy shall be treated as an infringing copy.

61. Copying by librar- ians or archivists: articles in period- icals.

61.—(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make and supply a copy of an article or the contents page in a periodical without infringing any copyright in the article, the contents page or in any illustrations accompanying the article or the contents page or in the typographical arrangement.

• (2) A copy made under subsection (1) shall not be supplied other than to a person who satisfies the librarian or archivist that he or she requires that copy for the purposes of F56[education, research] or private study and he or she shall not use it for any other purpose and that person shall not be furnished with more than one copy of the same article unless the person satisfies the librarian or archivist that the previous copy has been lost, stolen, discarded or destroyed or a reasonable period of time has elapsed, and that person shall not be furnished with more articles from a volume of a periodical than the number of issues that comprise that volume or 10 per cent of the volume, whichever is the greater.

• (3) In this section, “article” includes an item of any description in a periodical with the exception of the table of contents.

62. Copying by librar- ians or archivists: parts of works lawfully made available to public.

62.—(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make and supply a copy of part of a work (other than an article or the contents page in a periodical) which has been lawfully made available to the public without infringing any copyright in the work, in any illustrations accompanying the work or in the typographical arrangement.

• (2) A copy made under subsection (1) shall not be supplied other than to a person who satisfies the librarian or archivist that he or she requires that copy for the purposes of F57[education, research] or private study and he or she shall not use it for any other purpose and that person shall not be furnished with more than one copy of the same material unless the person satisfies the librarian or archivist that the previous copy has been lost, stolen, discarded or destroyed or a reasonable period of time has elapsed, and that person shall not be furnished with a copy of more than a reasonable proportion of any work.

63. Multiple copying.

63.—(1) A copy of a work shall not be supplied under section 61 or 62 to more than 3 persons whose requirements are related to any similar requirement of any other person.

• (2) For the purposes of subsection (1)—

• (a) the requirements of persons shall be deemed to be similar where the requirements are for copies of substantially the same material at approx-imately the same time and for substantially the same purpose, and

• (b) the requirements of persons shall be deemed to be related where those persons receive F58[education] to which the material is relevant at the same time and place.

64. Copying by librar- ians or archivists: supply of copies to other libraries and archives.

64.—(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make and supply to another prescribed library or prescribed archive a copy of—

• (a) a periodical or articles or the contents page contained therein, or

• (b) the whole or part of a work,

which has been lawfully made available to the public, without infringing any copy-right in the periodical, in the article, in the contents page or in the work, in any illustrations accompanying the periodical, the article, the contents page or the work or in the typographical arrangement.

• (2) Subsection (1) shall not apply where, at the time the copy is made, the librarian or archivist making it could, by reasonable enquiry, obtain the consent of a person entitled to authorise the making of the copy.

65. Copying by librar- ians or archivists: replacement copies of works.

65.—(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make a copy of a work in the permanent collection of the library or archive in order—

• (a) to preserve or replace that work by placing the copy in the permanent collection of that library or archive in addition to or in place of that work, or

• (b) to replace in the permanent collection of another prescribed library or prescribed archive a work which has been lost, destroyed or damaged,

without infringing the copyright in the work, in any illustrations accompanying the work or in the typographical arrangement.

• (2) This section shall only apply where it is not reasonably practicable to purchase a copy of the work concerned for the purposes of subsection (1).

66. Copying by librar- ians or archivists for certain purposes.

66.—(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make F59[, or cause to be made,] a copy of a work in the permanent collection of the library or archive—

• (a) for the purposes of obtaining insurance cover for the works concerned;

• (b) for purposes of security;

• (c) for the purposes of compiling or preparing a catalogue F59[(including a published catalogue relating to an exhibition)];

• (d) for exhibition in the library or archive; or

• (e) for the purposes of informing the public of an exhibition,

without infringing any copyright in the work, in any illustrations accompanying the work, or in the typographical arrangement.

• F60[(2) This section shall apply to copying—

• (a) conducted for the curatorial purposes referred to in subsection (1),

• (b) to an extent reasonably justified by the non-commercial purpose to be achieved, and

• (c) accompanied by a sufficient acknowledgement.]

67. Copying by librar- ians or archivists: certain works not lawfully made available to public.

67.—(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make and supply a copy of a work or part of a work which has not been lawfully made available to the public from any work in the permanent collection of the library or archive without infringing the copyright in the work or in any illustrations accompanying the work or in the typographical arrangement.

• (2) This section shall not apply where the copyright owner has prohibited copying of the work and at the time the copy is made the librarian or archivist making the copy knew, or ought to have been aware of, that fact.

• (3) A copy made under subsection (1) shall not be supplied other than to a person who satisfies the librarian or archivist that he or she requires that copy for the purposes of F61[education, research] or private study and he or she will not use it for any other purpose and that person shall not be furnished with more than one copy of that work or part of that work.

68. Copy of work required to be made as condi- tion of export.

68.—Where a work of cultural or historical importance or interest may not lawfully be exported from the State unless a copy of it is made and deposited in a library, archive or other institution designated by the Minister for Arts, Heritage, Gaeltacht and the Islands under section 50 of the National Cultural Institutions Act, 1997, it shall not be an infringement of copyright to make that copy.

68A. F62[Format shift- ing by librarians or archivists

68A.—(1) Subject to subsection (2), it is not an infringement of the rights conferred by this Part where the librarian or archivist of a prescribed library or prescribed archive makes, or causes to be made, a copy of a work, in the permanent collection of the library or archive, in a different form to that which the copy takes if—

• (a) that librarian or archivist lawfully uses the means used to make the copy, and

• (b) the copy is made solely for preservation or archival purposes where those purposes are neither directly nor indirectly commercial.

• (2) Subsection (1) shall not apply where—

• (a) the work being copied is an infringing copy, and

• (b) the librarian or archivist making the copy, or causing it to be made, did not have reasonable grounds for believing that the work was not an infringing copy.]

• F63[(3) Any contractual provisions contrary to this section shall be unenforceable.]

69. Copying by librar- ians or archivists: exemptions.

69.—F64[...]

69A. F65[Fair dealing by librarians and archivists

69A.—(1) Without prejudice to the generality of section 50(1), the communication, by the librarian or archivist of a prescribed library or prescribed archive, to members of the public of copies of works in the permanent collection of the library or archive, by dedicated terminals on the premises of the library or archive, shall constitute fair dealing with the works for the purposes of that section where the communication is—

• (a) undertaken for the sole purpose of education, teaching, research or private study, and

• (b) accompanied by a sufficient acknowledgement.

• (2) Without prejudice to the generality of section 50(1), the brief and limited display of a copy of a work—

• (a) either—

• (i) in a prescribed library or prescribed archive or by the librarian or arch-ivist of a prescribed library or prescribed archive, or

• (ii) during the course of a public lecture given in a prescribed library or prescribed archive or given by the librarian or archivist of a prescribed library or prescribed archive,

• (b) undertaken for the sole purpose of education, teaching, research or private study where such purpose is neither directly nor indirectly commercial, and

• (c) accompanied by a sufficient acknowledgement,

shall constitute fair dealing with the work for the purposes of section 50(1).]

70. Copying by librar- ians or archivists: infringing copy.

70.—Where a copy which would otherwise be an infringing copy is made under section 61, 62, 64, 65, 67 F66[, 68, 68A or 69A] but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.

70A. F67[Orphan works.

70A.—(1) The copyright in a relevant work in the collection of a relevant body is not infringed by a relevant body where—

• (a) the relevant work is an orphan work within the meaning of Regulation 4 of the Regulations of 2014, and

• (b) in accordance with Regulation 8 of the Regulations of 2014, the relevant body—

• (i) makes that orphan work available to the public, or

• (ii) carries out an act of reproduction of that orphan work for the purposes of digitisation, making available, indexing, cataloguing, preservation or restoration.

• (2) The copyright in a relevant work in the collection of a relevant body is not infringed by a relevant body where—

• (a) the relevant work is a relevant work to which Regulation 4(2) of the Regula-tions of 2014 applies,

• (b) the relevant body has, pursuant to Regulation 4(3) of the Regulations of 2014, been been given an authorisation referred to in that Regulation, and

• (c) in accordance with Regulation 9 of the Regulations of 2014, the relevant body—

• (i) makes that orphan work available to the public, or

• (ii) carries out an act of reproduction of that orphan work for the purposes of digitisation, making available, indexing, cataloguing, preservation or restoration.

• (3) In this section—

"Regulations of 2014" means the European Communities (Certain Permitted Uses of Orphan Works) Regulations 2014;

"relevant body" has the meaning assigned to it by the Regulations of 2014;

"relevant work” has the meaning assigned to it by the Regulations of 2014.]

Public Administration

71. Parliamentary and judicial proceedings.

71.—(1) The copyright in a work is not infringed by anything done for the purposes of parliamentary or judicial proceedings or for the purpose of reporting those proceedings.

• (2) Subsection (1) shall not be construed as authorising the copying of a work which is itself a report of the proceedings which has been lawfully made available to the public.

72. Statutory inquir- ies.

72.—(1) The copyright in a work is not infringed by anything done for the purposes of a statutory inquiry or for the purpose of reporting any such inquiry.

• (2) Subsection (1) shall not be construed as authorising the copying of a work which is itself a report of the proceedings which has been lawfully made available to the public.

• (3) The copyright in a work is not infringed by the making available to the public of copies of a report of a statutory inquiry containing the work or materials from the report.

73. Copying of mater- ial in public records.

73.—Any material which is comprised in records which are open to public inspection may be copied, and a copy may be supplied to any person, without infringement of copyright.

74. Material open to public inspection or on statutory register.

74.—(1) Without prejudice to the generality of section 73, where material is open to public inspection pursuant to a statutory requirement, or is on a statutory register, the copyright in the material is not infringed by the copying, for a purpose which does not involve the making available to the public of copies, of so much of the material as contains factual information of any description, by or with the authority of the person required to make the material open to public inspection or, as the case may be, the person maintaining the register.

• (2) Where material is open to public inspection pursuant to a statutory require-ment, or is on a statutory register, the copyright in the material is not infringed by the copying or making available to the public of copies of that material, for the purpose of enabling the material to be inspected at another time or place, or otherwise facilitating the exercise of any right for the purpose of which the requirement is imposed, by or with the authority of the person required to make the material open to public inspection or, as the case may be, he person maintaining the register.

• (3) Where material is made available to the public under this section the person granting access to the material shall ensure that it bears a mark clearly indicating that it is provided for the purpose of inspection and that no other use of the material may be made without the licence of the copyright owner.

• (4) Material may not be provided under this section unless the person granting access to the material has obtained from the person requesting the material a declaration, in such form as may be prescribed, indicating that the material is required for the sole purpose of enabling the material to be inspected at another time or place or to otherwise facilitate the exercise of the right of public inspection.

• (5) Where material which is open to public inspection pursuant to a statutory requirement, or is on a statutory register, contains information about matters of general, scientific, technical, commercial or economic interest, the copyright in the material is not infringed by the copying or making available to the public of copies of that material for the purpose of disseminating that information, by or with the authority of the person required to make the material open to public inspection or, as the case may be, the person maintaining the register.

• (6) The Minister may prescribe the conditions which are to be complied with before material is made available to the public under this section.

• (7) The Minister may by order provide that subsections (1) to (5) apply—

• (a) to material made open to public inspection by—

• (i) an international organisation specified in the order, or

• (ii) a person specified in the order who has functions in the State under an international agreement to which the State is a party,

or

• (b) to a register maintained by an international organisation specified in the order,

as they apply in relation to material that is open to public inspection pursuant to a statutory requirement, or on a statutory register.

75. Works communic- ated to Govern- ment or Oire- achtas.

75.—(1) Where a work has been communicated to the Government or either or both of the Houses of the Oireachtas for any purpose, by or with the licence of the copyright owner, and any fixation of the work or any thing containing the work is owned by, or is in the possession, custody or control of, the Government or either or both of the Houses of the Oireachtas, the Government or either or both of the Houses of the Oireachtas may copy the work, make available to the public copies of the work, or cause the work to be copied or made available to the public for the purpose for which the work was communicated to them, or for any related purpose which could reasonably have been anticipated by the copyright owner, without infringing the copyright in the work.

• (2) The Government or either or both of the Houses of the Oireachtas shall not make available to the public copies of a work referred to in subsection (1) or cause the work to be copied or made available, under this section, where the work has previously been lawfully made available to the public otherwise than under this section.

76. Acts done under statutory author- ity.

76.—(1) Where the undertaking of a particular act is specifically authorised by an enactment then, unless the enactment provides otherwise, the undertaking of that act shall not infringe the copyright in a work.

• (2) Nothing in this section shall be construed as excluding any defence available under any enactment.

77. Savings.

77.—(1) Nothing in this Act shall affect any right or privilege of the Government subsisting otherwise than by virtue of an enactment, and nothing in this Act shall affect any right or privilege of the Government or of any other person under any enactment, except in so far as that enactment is expressly repealed, amended or modified by this Act.

• (2) Nothing in this Act shall affect the right of the Government or of any person deriving title from the Government to sell, use or otherwise deal with articles forfeited under the laws relating to customs or excise, including any article so forfeited by virtue of this Act or of any enactment repealed by this Act.

• (3) Nothing in this Act shall affect the operation of any rule of equity relating to breaches of trust or confidence.

• (4) Subject to subsections (1) to (3), no copyright or right in the nature of copy-right, shall subsist otherwise than by virtue of this Act or of some other enactment in that behalf.

Designs

78. Acts done in reli- ance on registra- tion of design.

78.—(1) The copyright in a work is not infringed by anything done—

• (a) pursuant to an assignment or licence made or granted by a person registered under F68[the Industrial Designs Act 2001] as the proprietor of a corres-ponding design, and

• (b) in good faith and in reliance on such registration and without notice of any proceedings for the cancellation of the registration or for rectifying the relevant entry in the register of designs.

• (2) In subsection (1) “corresponding design”, in relation to a work, means a design within the meaning of F68[the Industrial Designs Act, 2001] which, if applied to an article, would produce anything which would be treated for the purposes of this Part as a copy of the work.

78A. F69[Design docu- ments and models.

78A.—(1) The copyright in a design document or model recording or embodying a design for anything other than an artistic work or a typeface is not infringed by the making of a product to the design or the copying of a product made to the design.

• (2) The copyright in a design document or a model recording or embodying a design for anything other than an artistic work or a typeface is not infringed by the issue to the public, or the inclusion in a film, broadcast or cable programme service, of anything the making of which is, by virtue of subsection (1), not an infringement of that copyright.

• (3) In this section and section 78B—

"design" means the design of any aspect of the shape or contours (whether internal or external) of the whole or part of a product, other than surface decoration;

"design document" means any record of a design, whether in the form of a drawing, a written description, a photograph, storing the work in any medium or otherwise;

"product" means any industrial or handicraft item, including parts intended to be assembled into a complex product, packaging, get-up, graphic symbols and typo-graphical typefaces, but not including computer programmes; and

"complex product" means a product which is composed of multiple components which can be replaced permitting disassembly and reassembly of the product.]

78B. F70[Effect of exploitation of design derived from artistic work.

78B.—F71[...]]

78C. F72[Transitional provisions for section 78B

78C.—(1) An act to which subsection (2) applies is not an infringement of the copyright in an artistic work if—

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

• (b) that act, if it were done immediately before the relevant date, would not, by virtue of section 78B, have been such an infringement.

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

• (a) the copying of the work;

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

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

• (3) An act to which subsection (4) applies is not an infringement of the copyright in an artistic work if that act, if it were done on the day immediately before the relevant date, would not, by virtue of section 78B, have been such an infringement.

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

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

• (i) before the relevant date, or

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

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

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

79. Exception from protection of copyright in certain works.

79.—(1) 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 a work in two dimensions, if the object would not appear, to a person who is not an expert in relation to objects of that description, to be a reproduction of the work.

• (2) F73[...]

Computer Programs

80. Back-up copies of computer programs.

80.—(1) It is not an infringement of the copyright in a computer program for a lawful user of a copy of the computer program to make a back-up copy of it which it is necessary for him or her to have for the purposes of his or her lawful use.

• (2) For the purposes of this section and sections 81 and 82, a person is a “lawful user” of a computer program where, whether under a licence to undertake any act restricted by the copyright in the program or otherwise, he or she has a right to use the program, and “lawful use” shall be construed accordingly.

81. Lawful copies of computer programs.

81.—(1) It is not an infringement of the copyright in a computer program for a lawful user—

• (a) to make a permanent or temporary copy of the whole or a part of the computer program by any means or in any form, or

• (b) to make a translation, adaptation, arrangement or any other alteration of the computer program and to copy the results thereof,

to achieve the interoperability of an independently created computer program with other programs where the following conditions are complied with:

• (i) those acts are performed by the lawful user or on his or her behalf by a person authorised to do so;

• (ii) the information necessary to achieve interoperability has not previously been available to the person referred to in subparagraph (i); and

• (iii) those acts are confined to the parts of the original program which are necessary to achieve interoperability.

• (2) Subsection (1) shall not permit the information obtained through its applica-tion—

• (a) to be used other than to achieve the interoperability of the independently created computer program,

• (b) to be given to persons other than those referred to in that subsection, except where necessary for the interoperability of the independently created computer program, or

• (c) to be used for the development, production or marketing of a computer program substantially similar in its expression, or for any other act which infringes copyright.

82. Exceptions to infringement of copyright in computer programs.

82.—(1) It is not an infringement of the copyright in a computer program for a lawful user of a copy of the computer program to make a permanent or temporary copy of the whole or a part of the program by any means and in any form or to translate, adapt or arrange or in any other way alter the computer program where such actions are necessary for the use of the program by the lawful user in accordance with its intended purpose, including error correction.

• (2) It is not an infringement of the copyright in a computer program for a lawful user of a copy of the computer program to observe, study or test the functioning of the program in order to determine the ideas and principles which underlie any element of the program, where he or she does so while performing any of the acts of loading, displaying, running, transmitting or storing the program which he or she is authorised to do.

• F74[(3) It is not an infringement of the copyright in a computer program for a lawful user of a copy of the computer program to reproduce, or extract from, the computer program for the purposes of text and data mining where the F75[rightholder] has not expressly reserved in an appropriate manner, in accordance with subsection (5), the use of the computer program for reproduction or extraction for the purposes of text and data mining.

• (4) Reproductions and extractions made pursuant to subsection (3) may be retained for as long as is necessary for the purposes of text and data mining.

• (5) For the purposes of subsection (3), F75[a rightholder] reserves the use of a computer program for reproduction or extraction for the purposes of text and data mining in an appropriate manner where the reservation concerned –

• (a) is machine-readable in the case of content made publicly available online, including metadata and terms and conditions of a website or a service, and

• (b) in case of content not made publicly available online, is clearly communicated to all persons who have lawful access to it.]

82A. F76[Cultural Heritage Institu- tions – computer programs