Copyright and Other Intellectual Property Law Provisions Act 2019

PART 1 Preliminary and General

1. Short title, collective citations and commencement

1. (1) This Act may be cited as the Copyright and Other Intellectual Property Law Provisions Act 2019.

(2) The Courts of Justice Acts 1924 to 2014 and section 40 may be cited together as the Courts of Justice Acts 1924 to 2019.

(3) The Courts (Supplemental Provisions) Acts 1961 to 2015 and section 41 may be cited together as the Courts (Supplemental Provisions) Acts 1961 to 2019.

(4) The Patents Acts 1992 to 2017, section 42, Part 3 and Schedule 3 may be cited together as the Patents Acts 1992 to 2019.

(5) The Copyright and Related Rights Acts 2000 and 2007, Part 2 and Schedules 1 and 2 may be cited together as the Copyright and Related Rights Acts 2000 to 2019.

(6) Subject to subsection (7), this Act shall come into operation on such day or days as the Minister for Business, Enterprise and Innovation may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

(7) Sections 2(1), 9 and 21 shall come into operation on the date that is 6 months from the passing of this Act.

2. Repeals

2. (1) Sections 31A and 78B of the Copyright and Related Rights Act 2000 are repealed.

(2) Section 96 of the Trade Marks Act 1996 is repealed.

PART 2 Amendment of Copyright and Related Rights Act 2000

Chapter 1 Definition

3. Definition

Definition

3. In this Part and Schedules 1 and 2, “Principal Act” means the Copyright and Related Rights Act 2000.

Chapter 2 Court access for intellectual property claims, copyright exceptions and digital deposit of copyright works, etc.

4. Amendment of section 2 of Principal Act

4. Section 2 of the Principal Act is amended in subsection (1)—

(a) by the substitution of the following definition for the definition of “broadcast”:

“ ‘broadcast’ means an electronic transmission of sounds, images or data, or any combination or representation thereof, for direct public reception or for presentation to members of the public;”,

(b) by the substitution of the following definition for the definition of “Controller”:

“ ‘Controller’ means the Controller of Intellectual Property;”,

(c) by the substitution of the following definition for the definition of “disability”:

“ ‘disability’ has the meaning assigned to it in section 2 of the Disability Act 2005;”,

(d) in the definition of “educational establishment”—

(i) in paragraph (b), by the substitution of “applies,” for “applies, and”, and

(ii) by the insertion of the following paragraph after paragraph (b):

“(ba) any relevant provider within the meaning of section 2 of the Qualifications and Quality Assurance (Education and Training) Act 2012, and”,

and

(e) by the insertion of the following definitions:

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

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

(a) a transmission by means of MMDS, or

(b) a digital terrestrial retransmission;

‘excluded data information’, means—

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

(b) a program source code of a website;

‘intellectual property claim’ means—

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

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

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

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

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

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

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

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

‘specified transmission through the Internet’ means—

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

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

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

5. Provisions supplementary to definition of “broadcast”

5. The Principal Act is amended by the insertion of the following section after section 2:

“2A. The definition of ‘broadcast’ shall not be construed to prejudice the exclusive right under this Act of a person to make a work available by means of a broadcast of the work.”.

6. Amendment of Principal Act - insertion of sections 16A and 16B

6. The Principal Act is amended in Part 1, by the insertion of the following sections after section 16:

“Circuit Court

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

District Court

16B. (1) The District Court shall have jurisdiction to hear and determine intellectual property claims.

(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.”.

7. Amendment of section 21 of Principal Act

7. Section 21 of the Principal Act is amended in paragraph (b), by the insertion of “(including the soundtrack accompanying the film)” after “film”.

8. Amendment of section 24 of Principal Act

8. Section 24 of the Principal Act is amended by the substitution of the following subsection for subsection (1):

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

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

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

9. Transitional provisions for section 31A

9. The Principal Act is amended by the insertion of the following section after section 31A:

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

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

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

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

(a) the copying of the design;

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

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

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

(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.”.

10. Making available of work not previously made available

10. The Principal Act is amended by the substitution of the following section for section 34:

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

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

11. Amendment of section 37 of Principal Act

11. Section 37 of the Principal Act is amended by the substitution of the following subsection for subsection (3):

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

(a) ‘work’ shall be construed as a reference to—

(i) the work as a whole,

(ii) any substantial part of the work, or

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

and

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

12. Amendment of section 51 of Principal Act

12. Section 51 of the Principal Act is amended—

(a) by the substitution of the following subsections for subsection (2):

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

(a) such use is not expressly reserved, and

(b) the copy and communication are accompanied by a sufficient acknowledgement.

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

and

(b) in subsection (3), by the substitution of “this Act” for “this Part”.

13. Amendment of section 52 of Principal Act

13. Section 52 of the Principal Act is amended by the insertion of the following subsection:

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

14. Text and data mining for non-commercial research

14. The Principal Act is amended by the insertion of the following section after section 53:

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

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

(b) accompanied by a sufficient acknowledgement.

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

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

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

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

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

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

15. Amendment of Principal Act - substitution of section 57

15. The Principal Act is amended by the substitution of the following sections for section 57:

“Illustration for education, teaching or scientific research

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

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

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

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

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

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

(c) accompanied by a sufficient acknowledgement.

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

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

Distance learning provided by educational establishment

57A. It is not an infringement of the rights conferred by this Part for—

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

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

Use by educational establishment of work available through Internet

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

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

Licensing schemes for educational establishments

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

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

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

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

(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.”.

16. Amendment of section 59 of Principal Act

16. Section 59 of the Principal Act is amended in subsection (2)—

(a) by the substitution of “sections 60 to 70” for “sections 60 to 67”,

(b) in paragraphs (a) and (b), by the insertion of “, or causes to be made and supplied,” after “supplies”,

(c) in paragraph (c), by the insertion of “, or causes to be made,” after “makes”, and

(d) in paragraph (d), by the insertion of “, or causing to be made or supplied,” after “supplying”.

17. Amendment of section 66 of Principal Act

17. Section 66 of the Principal Act is amended—

(a) in subsection (1)—

(i) by the insertion of “, or cause to be made,” after “make”,

(ii) in paragraph (c), by the insertion of “(including a published catalogue relating to an exhibition)” after “catalogue”,

and

(b) by the substitution of the following subsection for subsection (2):

“(2) This section shall apply to copying—

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

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