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10 1963

COPYRIGHT ACT, 1963

PART II

Copyright in Original Works.

Nature of copyright.

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

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

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

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

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

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

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

Copyright in literary, dramatic and musical works.

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shall, subject to the provisions of this Act, subsist in every original literary, dramatic or musical work which is unpublished and of which the author was a qualified person—

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

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

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

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

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

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

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

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

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

(i) the publication of the work,

(ii) the performance of the work in public,

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

(iv) the broadcasting of the work,

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

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

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

(a) reproducing the work in any material form,

(b) publishing the work,

(c) performing the work in public,

(d) broadcasting the work,

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

(f) making any adaptation of the work,

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

(7) In this Act “adaptation”—

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

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

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

(iii) a translation of the work;

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

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

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

Copyright in artistic works.

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

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

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

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

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

(a) when the work was made, or

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

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

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

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

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

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

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

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

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

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

(a) reproducing the work in any material form,

(b) publishing the work,

(c) including the work in a television broadcast,

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

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

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

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

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

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

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

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

Infringements by importation, sale and other dealings.

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

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

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

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

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

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

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

(a) for the purposes of trade, or:

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

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

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

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

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

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

(i) was only nominal, or

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

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

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

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

(a) research or private study, or

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

shall constitute an infringement of the copyright in the work.

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

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

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

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

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

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

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

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

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

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

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

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

(a) copyright subsists in the work, but

(b) the work has not been published, and

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

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

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

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

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

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

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

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

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

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

Special exception in respect of records of musical works.

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

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

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

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

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

(2) Where—

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

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

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

(3) In the case of a record—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

General exceptions from protection of artistic works.

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

(a) research or private study, or

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

shall constitute an infringement of the copyright in the work.

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

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

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

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

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

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

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

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

(a) is reproduced in the subsequent work, and

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

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

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

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

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

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

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

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

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

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

Anonymous and pseudonymous works.

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

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

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

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

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

Works of joint authorship.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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