WORLD TRADE 
ORGANIZATION 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/I/IRL/C/l 
23 April 1996 
(96-1484) 
Original: English 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Ireland 
The present document reproduces! the following laws and regulations, as notified by Ireland under 
Article 63.2 of the Agreement: 
Copyright Act, 1963 (No. 10 of 1963) 
Copyright Act, 1963 
(Commencement) Order, 1964 (No. 177 of 1964) 
Copyright (Amendment) Act, 1987 (No. 24 of 1987) 
Performers Protection Act, 1968 (No. 19 of 1968) 
Performers Protection Act, 1968 
(Commencement) Order, 1968 (No. 201 of 1968) 
! In English only 2 
36 
37 
39 
43 IP/N/1/IRL/C/l 
Page 2 
NATIONAL LEGISLATION 
IRELA~D 
Copyright Act 
(No. 10, of 19(3) t) 
(First Part) 
An Act to make new prOVISIOn in respect of copyright and related matlerli. in substitution for tht' pro\isions of Parts VI 
and VII of the Industrial and Commercial Property (Protecti'on) Act, 1927, and otht'r t'nactrnents rt'latin~ tht'reto. and to 
provide for matters connected with the rnatlt'rs afort'saitl (R't. April. 19(3) 
BI' it c'lIaclt,t! hy the Oirpuchtas as foHows: 
PART I 
Preliminary and General 
Short title and commencement •• "lIgra\illg" illdllti,· ... all~ l'Iehing. lilllO~raJlh. woodcllt. print 
or !oimilar work 1101 L"illg a "hoto~raph: 
.. fllllln' ('opyriglat ,. allll -pro!'pc'ctiH' oWII"r" ha\'I' th,· III1'all' 
illg,. a ... ~igl\(·d to tlwllt by ""'ctioll ,It) of thi,.. Act: 
•• jlldi('ial IHOCC'l'dillg" IllC'all" a pro(,t·,·dillg before any COllrt, 
Iribllnal or III'r:>'()tl ha\illg hy law powc'r to Ilt'ar. rl'("'ivf' 
1. -(1) This Act may be cited as th(' Copyright Act. i amI I'xamillt· nidt'II('t, 011 oath: 
1963. i .. lilnary work •• in<"illt/'· ... all~' wriltl'lI tal,II' or compilation: 
(2) This Act shall come into operation on such day as tht' 
Minister Illay by oroer appoint; and different days may bt' 
appointed for the purposes of different provisions of this Act, 
alld. for the purposes of any provision of this Act whf'reby 
e"llactmcllts are repealed, different days may be appointed for 
thr opf"ratioll of the repeal in relation to different enact­
mf"llts, illcluding different enactments in the same Act. 
illlPrpretalion generally 
2. -(1) III this Act, except ill so far as the conlext 
otherwise requires: 
"tht" Act of 1927" means the Industrial and Commercial I 
Property (Protection) Act, 1927; 
" adaptation" ill relatioll to a literary, dramatic or musical 
work, Illls tht' nwalling assigned to it by section 8 of this 
Act; 
•• artistiC' work" has tll(' meaning assigned to it by sectioll 9 
of this Act; 
" building" includes any structure; 
"cinematograph film" has the meaning assigned to it hy 
section 18 of this Act; 
•• cOlIstruction" includes erection, and references to recoils­
tructioll 6hall be construed accordingly; 
" Controller" means the Controller of Industrial and Com­
mercial Prope"rty appointed under the Industrial and 
Commercial Property (Protection) Act, 1927; 
.. dramatic work" includes a choreographic work or enter­
tainment in dumb show if reduced to writing in the form 
in which the work or entertainment is to be presenh-d, 
but doe" not include a cinematograph film, as distinct 
from a scenario or script for a cinematograph film; 
.. drawing" includes any diagram, map, chart or plan; 
I) Offici,l communication from the Administration of Ireland. I "lIlallu"cript ". ill re,lalioll to it work. IIIt'an" thc' origillal do. 
(,lIll1l'lIt ,'mbodyillg 1111' work. wlll·ther w rittl'lI h~ halld 
or not: 
i .. Ihc' .\Iilli"tt'r·' IIlI'all,. till' ,\lilli,.ll·r for IlIdu ... try alld Com. 
nwrt'('; 
I .. /ll'rfUrtllall('(''' illdllt!t,,, ul·li\'('r), ill n'latioJt to It'ctlln's, 
adtlre'''''t'''. "pt'I'dlC''' aJtt! "I'rmOIl", alld ill gt'lIc'ral. 'Hlhjl'CI 10 
tilt' provi"iou" of "uiJ,.('clioll I:)) of Ihi" "t'clion, illcllldl's 
.111)' moOt' of \,i,.ual or itcolI .. til' pn'!il'nlalioll, illdlHlillg allY 
"1I('h prc'''t'lIlalioll hy 1111' opl'raliolJ of win')('",. It·lq~rilph 
apparatll!'. or h~ tilt' (,),ltihiliolJ of u rillc'lIIatograph film. 
or hy lhl' Wit' of a rc'rort!. or hy all~' othl'r IJlt'i1 11 1'. am] 
n'ft're'lIc('" 10 I)('rforlt\ill~ u work or all a(liJptalioJl of a 
work "hall ht, rOIl"lnH,t! uccort.lill~ly: 
,. photograph" IIlt'an-allY proullct of pllOtograplay or of allY 
proceli" akill to pholography. oth"r thall a part of a cillc­
matograph film. ali(I .. allthor ", ill relatioll 10 u photo­
graph. 1II,'all" till' p .. r,.oll who. at lilt' lifll" wht'lI Ihc' photo­
~raph i!' lak'·II. i,. 1111' OWII,'r of lilt' lIIatt'rial 011 which it 
is lakl,tI; 
.. IJllalifi,'c1 pt'r"oll .. ha .. tl,,' IIIt'allillg a .... iglll·t! Iu il hy !','clioll 7 
of thi,. Acl; 
.• Radio tin'allll" 111,'&111" till' broaclcastillg authority I, ... tahlish­
c,,, hy \'irllw of "'f'('liOIl 3 of 1111' Broaclca..;tillg Authority 
Act. )960: 
.. r,'('ord" tllI'allfl IJ/l)' dit<c. tap". lH'rforatt'd roll or othct 
dt"'icl' ill whie-h /0O 11 lid,. an' "lIIlwdi,'() lOO HI' to ht, capable 
(with or withollt Ihc' aill of ,,0 lilt' uthl'r illl'trllrtll'lIt) of 
Iwing autolllali('ally n'IIrtlllllCC't1 tllt'rcfrolJl. atld rt·fl'rl'lIces 
to u ft'cord of a work or olh('r "lIhj('cl-lI\uttt'r art· rt"­
ft'rc'lIcc'" to a rl'conl (u,. IlI'rc'ill (11·fjrl<'d) Ity uu'allto of which 
it CBII Lt· pt'rforrnl"d; 
.. rt'production ". in tht' callC' of a lilt'rar)', dramatic or musical 
work. includes a ft'production in the (orm of a record or 
of a l'iut'matograph film. Blld. ill tht' CDlIf" of an artistic LE DROIT D'AUTEUR (COPYRIGHT) 
work includes a version produced by converting the work 
into a three-dimensional form, or, if it is in three dimen­
sions, by converting it into a two-dimensional form, and 
references to reproducing a work shall be construt'd 
accordingly; 
" sculpture" includes any cast or model made for puposes of 
sculpture; 
•• sound recording" has the meaning assigned to it by sec­
tion 17 of this Act; 
• , Fiufficient acknowledgement" has the meaning assigned to 
it by section 12 of this Act; 
"television broadcast" and "sound broadcast" have the 
meanings assigned to them by section 19 of this Act; 
... wireless telegraphy apparatus" has the same meaning as 
., apparatus for wireless telegraphy" has in the Wireless 
Telegraphy Act, 1926, as amended by the Broadcasting 
Authority Act, 1960; 
.. work of joint authorship" hat the meaning assigned to it by 
section 16 of this Act; 
" writing" includes any form of notation, whether by hand 
or by printing, typewriting or other process. 
(2) References in this Act to broadcasting are references 
to broadcasting by wireless telegraphy (within the meaning of 
the Wireless Telegraphy Act, 1926, as amended by the Broad­
casting Authority Act, 1960) whether by way of sound broad­
casting or by televisiono 
(3) References ill this Act to the transmission of a work 
or other subject-matter to subscribers to a diffusion service 
are references to the transmission thereof in the course of a 
service of distributing broadcast programmes, or other pro­
grammes (whether provided by the person operating the 
service or other persons), over wires, or other paths provided 
by a material substance, to the premises of subscribers to the 
service; and for the purposes of this Act where a work or 
other subject-matter is 80 transmitted: 
(a) the person operating the service (that is to say, the 
person who, in the agreements with the subscribers to 
the service, undertakes to provide them with the service. 
whether he is the person who transmits the programmes 
or not) shall be taken to be the person causing the work 
or other subject-matter to be so transmitted, and 
(b) no person, other than the person operating the service, 
shall be taken to be causing it to be so transmitted, not­
withstallding that he provides any facilities for the trans­
mission of the programmeso 
Provided that, for the purposes of this subsection, and of 
references to which this subsection applies, no account shall 
be taken of a service of distributing broadcast or other pro­
grammes, where the service is only incidental to a business 
of keeping or letting premises where persons reside or sleep, 
and is operated as part of the amenities provided exclusively 
or mainly for residents or inmates thereino 
(4) References in this Act to the doing of any act by the 
reception of a television broadcast or sound broadcast made 
hy Radio Eireann are references to the doing of that act by 
means of receiving the broadcast either: IP/NI 1 IIRL/CI 1 
Page 3 
(a) from the transmission where},y the broadcast is made by 
Radio tireann, or 
(b) from a transmission madl' by Radio Eireann oth('twi;;c' 
thall by way of broadcasting. hilt simllltalllooll~\r with thc' 
trallsmissioll rn,'ntiolll'd in tll(' pr"(·t,t!ing paragraph, 
whether (ill eitht'r ca!'e) the n'('t'ptioll of tilt· broadcast j" 
directly from the trallFomis!lioll ill (!lIt'Fotion or from a f('­
transmi"sioll thereof madt, by any p,'r!'olJ from any plac(' . 
whether ill th,' Stat£, or ,'\:;('wh('n'; allt! ill thili SlIbl'('ctioll .. rc'­
transmission" mealls any n'-lrall!'lUi!'I'ioll wlal'lllt'r ovt'r path .. 
provided by u material 6l1b!'ilallCt' or 1I0t. illcllldillg allY rc'· 
transmiS6ioll mad,' hy making U!'iIO of allY r"l'ordo prillt. ""ga. 
tive. tape or otht'r arliclr 011 which tilt' broade3"t ill qllt'l'tioll 
has ht'en rf"cordf"d . 
(5) For tht' l'"rpO!lt's of this Acto i1roa(lt·a!'ting. or tll!' 
causing of a work or othf"r 611hjt'ct-mattt or to 111' Iran<:.mittt'd 
to subscribrrti to u (Iiffusioll senict'. shall 1I0t bt' takell to 
cOllstillltt' pt'rformarlC·t'. or to ('omlitllt(' eall"illg \'isllal im:lgl'.' 
or sounds to bt' seen or hl'ard: alltl whrt(' "i!'lIal imagt's or 
sOllnd~ arc' di!Oplayt'u or t'lIlilt,'u by allY rl'l'('i"illg apparatll'" 
to which tht'y urt' con\·t>YI,J hy Ih(' tramlllissioll of t'1,'clro· 
magnt'lic !ligna I" (wh"tllt'r o\('r path .. pro\i(It,u hy a matnial 
substancr or not): 
(a) tht' opt'ratioll of alll apparatus wil,ort"ily IhtO ~ignals arc' 
transmittt'd, uin'ctly or illllin'ctly, to tilt· rt'ct'i\"ing appa· 
ratus "hall 1I0t ht, takt'n to con~litlllt° p,'rformanc., or to 
. COllstitutt, cal/sing tl1l' "ifillal illl:ltt",. or 601l1ld" to Ill" !'C'I'II 
or ht'ard; bllt 
(b) ill "0 far ap.; tl1l" ui"play or I'IlIi,,~ioll of till' illlag.'''' or 
!'oulld!! cOlIl'titlltt'1I a ptOrformanc.'. or C8111'1'''' thelll to bc' 
1It'lon or IIt'uru. th(O prrform8nef'0 or thl' ('ullt'ing of tl ... 
;magt'1i to LtO I!ct'n or hl'arJo as till' ca,...' may IH', "hall I ... 
tukt'n to LI' rfff'ct(,u hy tlar optOration of tIll' rtOct'i\'illl! 
apparat"". 
(6) (a) Wilhout prt'jlluic. o to tlllo last pt('et'Jing subseclioll. 
wht're 8 work or an auaptation of a work is J)f'rfornwd. or 
visllal imagt'1I or sounu!! arr catl!'.od to ht' ",',on or ht'urd. 11\ 
th(O opt'ralion of any apparatll" 10 which thi" I'lIbfic'('\ioll 
applit'Iio Iwing apparatll" providl'd hy or wilh till' comtOll1 of 
tht' occupier of thf' ptf'mill(O" "'lInl' thl' appuralus ili billl:llt'd. 
thlo occnpit'r of tholl(' pnomi!'t'K "hall. for tilt' ,)llrI'0Ilr6 of Ihi, 
Act. b,o takclI to ht' the J)('rKOII gi\'illg th(O JH'rforlllancl o. or 
causing the imag~s or II0lllldll to bt, 11('t'1I or IIt'anl. whl'lllt'r h.· 
is tht' Ju'rt'on opt'rating tilt' apparatus or noto 
(b) This Iltlbt't°ctiou applit'1I to any Iiuch rt"ct"i"'ing appa­
ratus all is n1l'ntiollt ou in th.o last prt'ctOuins "uhl't'ctiono anJ tu 
any apparahlll for rt'proutlcing foOllllds h)' thl" uSC' of 11 tt'(·ort!. 
(7) Exct'pt in "0 far BIi thr cOIltt-XI otht'rwillt' requino:o. 
allY reference in this Act to all t'IIactlll"lIt shall b(O comtnlt,d 
as a reference to thut t'uactmt'ut 8" arnt'lldt'u or f'xtendt'd by 
or under allY other t'uactmt'nto 
SUp/Jlemenlary pro";!f;ons (U lu interpretation 
30 -(I) Except in 110 far 81! the context otherwis(, r(" 
quires, any reference in this Act to the doing of an act jll 
relation to a work or other subject-matter shall be taken to 
include a reference to the doing of that act ill relation to a IP IN I lIIRL/CI 1 
Page 4 
substantial part thereof, and any reference to a reproduction, 
adaptation or copy of a work, or a record embodying a sound 
recording, shall be taken to include a reference to a repro­
duction, adaptation or copy of a substantial part of the work, 
or a record embodying a substantial part of the sound record­
ing, as the case may be. 
Provided that, for the purposes of the following pro­
visions of this Act, namely, subsections (1) and (2) of sec­
tion 8, subsections (2) and (3) of section 9, subsections (2) 
and (3) of section 44, section 50, and subsections (3) to (5) 
of section 51, this subsection shall not affect the construction 
of 'any reference to the publication, or absence of publication, 
of a work. 
(2) With regard to publication, the provisions of this sub­
section shall have effect for the purposes of this Act, that is 
to say: 
(a) the performance, or the issue of records, of a literary, 
dramatic or musical work, the exhibition of an artistic 
work, the construction of a work of architecture, and the 
issue of photographs or engravings of a work of archi­
tecture or of a sculpture, do not constitute publication 
of the work; 
(b) except in so far as it may constitute an infringement of 
copyright, or a contravention of any restriction imposed 
by section 54 of this Act, a publication which is merely 
colourable, and not intended to satisfy the reasonable 
requirements of the public shall be disregarded; 
(c) subject to the preceding paragraphs of this" subsection, a 
literary, dramatic or musical work, or an edition of such 
a work, or an artistic work, shall be taken to have been 
published if, but only if, reproductions of the work or 
edition have been issued to the public; 
(d) a publication in the St~te, or outside the State, shall not 
be treated as being other than the first publication by 
reason only of an ealier publication elsewhere, if the 
two publications took place within a period of not more 
than thirty days; 
and in determining for the purposes of paragraph (c) of this 
subsection, whether reproductions of a work have been issued 
to the public, subsection (1) of this section shall not apply. 
(3) In determining for the purposes of any provision of 
this Act: 
(a) whether a work or other subject-matter has been pub­
lished, or 
(b) whether a publication of a work or other subject-matter 
was the first publication thereof, or 
(c) whether a work or other subject-matter was published 
or otherwise dealt with in the lifetime of a person, 
no account shall be taken of any unauthorised publication or of 
the doing of any other unauthorised act; and a publication or 
other act shall for the purposes of this subsection be taken 
to have been unauthorised: 
(i) if copyright subsisted ill the work or other subject­
matter and the act in question was done otherwise than 
by, or with the licence of, the owner of the copyright, or 
(ii) if copyright did not subsist in the work or subject-matter, 
and the act in question was done otherwise than by, or NATIONAL LEGISLATION 
with the licence of, the author (or, in the case of a so un 
recording or a cinematograph film, or an edition of 
literary, dramatic or musical work, the maker or put 
lisher, as the case may be) or persons lawfully claimin 
under him: 
so, however, that nothing in this subsection shall affect an 
provisions of this Act as to the acts restricted by any CoP) 
right or as to acts constituting infringements of copyright! 
or any provisions of section 54 of this Act. 
(4) References in this Act to the time at which, or th 
period during which, a literary, dramatic or musical wor] 
was made are references to the time or period at or durin 
which it was first reduced to writing or some other materia 
form. 
(5) In the case of any copyright to which (whether il 
consequence of a partial assignment or otherwise) differen 
persons are entitled in respect of the application of the copy 
right: 
(a) to the doing of different acts or classes of acts, or 
(b) to the doing of one or more acts or classes of acts il 
different countries or at different times, 
the owner of the copyright, for any purpose of this Act, shal 
be taken to be the person who -·is entitled to the copyright il 
respect of its application to the doing of the particular act 01 
class of acts, or, as the case may be, to the doing thereof il 
the particular country or at the pitrticular time, which il 
relevant to the purpose in question; and in relation to an~ 
future copyright to which different persons are prospectivel~ 
entitled, references in this Act to the prospective owner shal 
be construed accordingl~. 
(6) Without prejudice to the generality of the last pre 
ceding subsection of this section, where under any provisiol 
of this Act a question arises whether an article of any descrip. 
tion has been imported or sold, or otherwise dealt with, with­
out the licence of the owner of any copyright, the owner of 
the copyright, for the purpose of determining that question. 
shall be taken to be the person entitled to the copyright: ill 
respect of its application to the making of articles of that 
description in the country into which the article was import. 
ed, or, as the case may be, in which it was sold or otherwise 
dealt with. 
(7) Where the doing of anything is authorised by thr 
grantee of a licence, or a person deriving title from the 
grantee, and it is within the terms (including any implied 
terms) of the licence for him to authorise it, it shall for the 
purposes of this Act be taken to be done with the licence of 
the grantor and of every other person (if any) upon whom 
the licence is binding. 
(8) References in this Act to deriving title are references 
to deriving title either directly or indirectly. 
(9) Where, in the case of copyright of any description: 
(a) provisions contained in this Act specify certain acts as 
being restricted by the copyright, or as constituting in­
fringements thereof, and 
(b) other provisions of this Act specify certain acts as not 
constituting infringements of the copyright, LE DROIT D'AUTEUR (COPYRIGHT) 
the omission or exclusion of any matter from the latter pro­
visions shall not be taken to extend the operation of the 
former provisions. 
(10) References in this Act to copyright include refer­
ences to copyright under the Act of 1927. 
(ll) References in the Act of 1927 to that Act shall, in 
so far as they are or include references to Part VI or VII of 
that Act, be deemed to include references to this Act. 
Orders, rules and regulations 
4. -(1) Where a power to make orders, rules or regula­
tions is conferred by any provision of this Act, such orders, 
rules or regulations may be made either as respects all, or as 
respects anyone or more, of the matters to which the provision 
relates; and different provisions may be made by any such 
orders, rules or regulations as respects different classes of 
cases to which the orders, rules or regulations apply. 
(2) Every order, rule or regulation made under this Act 
shall be laid before each House of the Oireachtas "as soon as 
may be after it is made and if a resolution annulling the order, 
rule or regulation is passed by either House within the next 
subsequent twenty-one days on which that House has sat after 
the order, rule or regulation is laid before it, the order, rule 
or regulation shall be annulled accordingly but without pre­
judice to the validity of anything previously done thereunder. 
Expenses 
5. -The expenses incurred by the Minister in the admi­
nistration of this Act shall, to such extent as may be sanction­
ed by the Minister for Finance, be paid out of moneys pro­
vided by the Oireachtas. 
Transitional provisions and repeals 
6. -(1) The transitional provisions contained in the 
First Schedule to this Act shall have effect for the purposes 
of this Act. 
(2) Subject to the said transitional provisions, the enact­
ments mentioned in the Second Schedule to this Act are 
hereby repealed to the extent specified in the third column 
of that Schedule. 
(3) The repeal of section 163 of the Act of 1927 shall not 
enable any action which was barred before the commencement 
of this section to be brought. 
PART 11 
Copyright in Original Works 
Nature 0/ 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 pro­
visions of this Act, to do, and to authorise other persons to 
do, certain acts in the State in relation to that work which, ill 
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 re­
levant provision of this Act" means, in relation to a work of IP IN I lIIRL/CI 1 
Page 5 
any description, any prOVlswn of this Act which provides 
that, subject to compliance with the conditions specified in 
that provision, copyright shall subsist in works of that de­
scription. 
(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 ill 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 de­
scription 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 incor­
porated under the laws of the State. 
Copyright in literary, dramatic and musical works 
8. -(1) Copyright shall, subject t~ thc 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 thc time 
when the work was first published, or 
(c) the author had died before that time but was a qllalified 
person immediately before his death. 
(3) Where copyright subsisted in an original literary, 
dramatic or musical work immediately before its first pub­
lication, 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 ill 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 whieh the 
author died. 
(5) (a) If before the death of the author nonc of the 
following acts had been done: 
(i) the publication of the work, 
(ii) the performance of the work in public, IP/NI 1 IIRL/C/l 
Page 6 
(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 thosf' 
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) hroadcasting the work, 
(p) 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 thissllhsf'ction. 
(7) In this Act" adaptation ": 
((I) 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, ill which it is cOllverted into a dran:atic 
work; 
(ii) ill 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 tIlt' 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 hook, or in a 
IIf'WSpaper, magazine or similar periodical; and 
(I)) in relation to a musical work, means an arrangement or 
transcription of the work. 
(8) Thc mention of any mattcr in the definition of" adap­
tation" ill subsection (7) of this section shan not affect thc 
geJlerality of paragraph (a) of subscction (6) of this section. 
Copyright ill artistic works 
9. -(1) In this Act "artistic work" means a work of 
allY of the following descriptions: 
(a) paintings, sculptures, drawings, engravings alld photo­
graphs, irrespective of their artistic quality, 
(h) works of architecture, being either buildings or models 
for buildings, and 
(c) works of artistic craftsmanship not falling within the 
llescriptions 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: 
((I) when the work was made, or NATIONAL LEGISLATION 
(b) if the making of the work extended ovcr 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 publicatioll of the work took placc 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, 
bllt only if, that publication complies with the provisions of 
thc 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 enu of the year 
11\ 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 
ill which it is first published. \ , 
(7) In the case of a photograph, the copyright shall con-
tinue to subsist for a period of fifty years from the end of the 
year in which the photograph is first puhlished. 
(8) The acts restricted<~ by the copyright in an artistic 
work are: 
(a) reprodllcing the work 111 allY material form, 
(h) publishing the work, 
(c) ineluding the work ill a television broadcast, 
(d) causing a television programme which includes the work 
to be transmitted to subscribers to a diffusion service. 
OWllf'rshilJ of c()[)yright in literary, dramatic, musical 
and 'artistic worlcs 
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 
hy the author in the course of his employment by the pro­
prietor of a newspaper, magazine or similar periodical under 
a contract of service or apprenticeship, and is so made for 
the purpose of publication ill a newspaper, magazine or similar 
periodical, the said proprietor shall be entitled to the copy­
right 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 1w 
entitled to the copyright. 
(3) Subject to the provisions of subsection (2) of this 
section, where a persoll commissions the taking of a photo­
graph. or the painting or drawing of a portrait, or the making LE DROIT, D'AUTEUR (COPYRIGHT) 
of an engraving, a~d 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 hy 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 hy 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 agree­
ment excluding the operation thereof in that case. 
(6) The preceding provisions of this sectioil 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 cupyright, the 
provisions of this section shall have effect in relation to copy­
right subsisting by virtue of this Part of this Act. 
(2) The copyright in a literary, dramatic, musical or artis­
tic 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 subsectil?ll (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 sec­
tion, 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 performallce constitutes an infringement of 
the copyright in the work. 
(5) Suhsection (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 infringe­
ment of the copyright, or 
(b) gave the permission gratuitously, or for a consideration 
which: 
(i) was only nominal, or IP/N/lIIRL/C/l 
Page 7 
(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 per­
formance. 
(6) In this section" place of public entertainment" in­
cludes any premises which are occupied mainly for other pur­
poses, 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 acknowledg­
ment, 
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 judi­
cial proceeding or of a report of any such proceeding. 
(4) The reading or recitation in public or in a broadcast 
hy 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 copy­
right 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 adver­
tisements 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 
suhsists 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 puhlication 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: IP/NI 1 IIRL/CI 1 
Page 8 
(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 other­
wise, Radio Eireann 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 Eireann 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 med for any 
purpose except that of making the broadcast in accord­
ance 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 follow­
ing the making of the reproduction, or such longer 
period as may be agreed between Radio Eireann and the 
person who, in relation to the making of reproductions 
of the description in question, is the owner of the copy­
right subsisting in the work. 
(9) Any reproduction of a work made under subsection (7) 
of this section which is of an exceptional documentary cha~ac­
ter may be preserved in the archives of Radio Eireann, 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" mean!> 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 acknow­
ledgment 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 in­
fringed by a person (in this section referred to as the manu­
facturer) who makes a record of the work, or of an adaptation 
thereof, in the State, if: NATIONAL LEGISLATION 
(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 manu­
facturer 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 (l) of 
this section undertakes to refer the dispute to the Con­
troller under section 31 of this Act, and 
(b) the manufacturer pays to the owner of the copyright a 
sum on account of the amount C?f the royalty equal to five 
per cent of the ordinary retail selling price of the record 
ill respect of which the royalty is payable and gives to 
such owner an undertaking to pay ~ him the amouut 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, ana 
either in their original form or in the form of adapta­
tions) 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 OWIlers 
as they may agree. 
(4) Whcre a record comprises (with or without other ma­
terial) a performance of a musical work, or of all 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 suhsists in that work, or if such copyright sub­
sists, the conditions specified in subsection (l) 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 
hy, or with the licence of, the owner of the copyright ill 
that literary and dramatic work, and LP. DROIT D'AUTELJR (COPYRIGHT) 
(e) the conditions specified ili 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 
1I0t be construed as requiring more than one royalty to be 
paid ill 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 appor­
tioned 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, fo the purposes of paragraph "(a) of sub­
section (I) of this section, the manufacturer requires to know 
whether such previous records as are mentioned in that para­
graph were made or imported as therein mentioned, the manu­
facturer 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 bc, with the licence 
of the owner of the copyright. 
(8) Nothing in this section shall be construed as authoris­
ing the importation for sale by retail of records which could 
not lawfully be imported apart from this section; and accord­
ingly, 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 (I) of this sec­
tion had not been enacted. 
(9) The preceding provisions of this section shall apply 
ill relation to records of part of a work or adaptation as they 
apply in relation to records of the whole of it save that sub­
section (I) of this section: 
(a) shall not apply to a reconl of the whole of a work or 
adaptation unless the previous records referred to ill 
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 adapta­
tion unless those previous records were records of, or 
.comprising, that part of the work or of a similar adapta­
tion. 
(10) The Minister may make regulations for the purposes 
of this section and in this section " prescribed" means p re­
scribed by regulations made by the Minister. 
General exceptions from protection of 'artistic works 
14. --0) No fair (lealing with an artistic work for pur­
poses of: IP IN 11 IIRL/CI 1 
Page 9 
(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 w9rk. 
(3) (a) Thc 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 
brQadcast shall not constitute an infringement of the copy­
right 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 perma­
nently situated in a public place or in premises open to the 
public and to works of architecture. 
(4) Wirthout prejudice to the immediately preceding sub­
section 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 ~l.l 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 snch proceedings 
shall not constitute an infringement of the copyright in the 
work. 
(7) The making of an ohject of any description which is 
in three dimensions shall not be taken to constitute all in­
fringement of the copyright in an artistic work in two dime}]­
sions, 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 sub­
section refcrred to as the earlier work) makes another such 
work (in this subsection referred to as the subsequcnt 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 in­
fringement of the copyright ill the earlier work unless the 
author of the subsequcnt 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. 
(IO) Where a building has been constructed in accordance 
with architectural drawings or plallS in which copyright 
subsists, and has been so constructed by, or with the licence IP/N/1/IRL/C/1 
Page 10 
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 all assignment or licence or 
otherwise, Radio Eireanll is authorised to include an artistic 
work in a televisioll broadcast but (apart from this subsection) 
would not be entitled to make a reproduction of it, the copy­
right in the work is not infringed if Radio Eireann 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 Eireann an-d 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 Eireann, 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, ill the case of works published anonymously or 
pseudonymously, have effect suhject to the provisions of this 
section. 
(2) ((I) Where the first publication of a literary, dramatic 
or Illusical work, or of all artistic work other than a photo­
graph, is anonymous or pseudonymous, any copyright subsist­
ing 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 eud 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 anony­
mOllSly or pseudonymously may be authorised by the author 
of the work to grant any assignment or licence in the copy­
right subsisting in the work and owned hy the author without 
disclosing the identity of the author to the assignee or licensee. NATIONAL LEGISLATION 
(4) For the purpose of this Act a publication of a work 
under two or more names shall not be taken to be pseudo­
nymous unless all those names are pseudonyms. 
W orlcs 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 refer­
ences to the author in subsections (1) and (2) of section 8, in 
subsections (2) and (3) of section 9, and in paragraph (b) of 
slibsection (2) of section 15 of this Act shall be construed as 
references to anyone 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, refer­
ences to the author in subsection (4) of section 8 and in sub­
section (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 (bllt IlQt 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 publiwed, it is possible for 
a person without previous knowl~dge of the facts to 
ascertain the identity of anyone 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 ullder which the work was pub: 
lished was not a pseudonym, or 
(ii) it is possible to ascertain his identity as mentiolled 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 suhsection 
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 LE DROIT D'A.UTEUR (COPYRIGHT) 
(b) if the passage in question is from a work of joint author­
ship, shall be taken to include a reference to excerpts 
from works by anyone or more of the authors of that 
passage, or by anyone 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 (un­
less it is otherwise expressly provided) be construed, in rela­
tion to a work of joint authorship as a reference to all the 
authors of the work. 
PART III 
Copyright in Sound Recordings, Cinematograph Films, 
Broadcasts, etc. 
Copyright in sound recordings 
17. -(1) Copyright shall subsist, subject to the provi­
sions of this Act: 
(a) in every sound recording of which the maker was a qua­
lified person at the time the recording was made, and 
(b) without prejudice to the preceding paragraph of this sub­
section, in every published sound recording the first 
publication of which took place in the State. 
(2) Copyright subsisting in a sound recording by virtue 
of this section shall continue to subsist until the end of the 
period of fifty years from the end of the year in which the 
recording is first published. 
(3) Subject to the provisions of this Act, the maker of a 
sound recording shall be entitled to any copyright subsisting 
in the recording by virtue of this section, save, however, that 
where a person commissions the making of a sound record­
ing, and pays or agrees to pay for it in money or money's 
worth, and the recording is made in pursuance of that com­
mission, that person, in the absence of an agreement to the 
contrary, shall be entitled to any copyright subsisting in the 
recording by virtue of this section. 
(4) The acts restricted by the copyright in a sound record­
ing arc: 
(a) making a record embodying the recording; 
(b) in the case of a published recording, causing the record­
ing or any reproduction thereof to be heard in public, 
or to be broadcast, or to be transmitted to subscribers to 
a diffUGion service, without the payment of equitable 
remuneration to the owner of the copyright subsisting in 
the recording; 
(c) in the case of all unpublished recording, causing the 
recording or any reproduction thereof to be heard in 
public, or to be broadcast, or to be transmitted to sub­
scribers to a diffusion service. 
(5) Where: 
(a) either party to a dispute in relation to the amount of 
remuneration payable under paragraph (b) of subsec­
tion (4) of this section undertakes to refer the dispute to 
the Controller under section 31 of this Act, and 
(b) an undertaking has been given to the owner of the copy­
right subsisting in the recording by the other party to 
the dispute to pay to him the amount of remuneration 
determined under the said section 31, IP/N/l IIRL/CI 1 
Page 11 
the copyright in the recording is not infringed on the ground 
of non-fulfilment of the condition specified in the said para­
graph (b). 
(6) The copyright in a sound recording is not infringed 
by a person who does any of the acts mentioned in sub­
section (4) of this section in the State in relation to a sound 
recording, or part of a sound recording, if: 
(a) records embodying that recording, or that part of the 
recording, as the case may be, have previously been 
issued to the public in the State, and 
(b) at the time when those records were so issued, neither 
.the records nor the containers in which they were issued 
bore a label or other mark indicating the year in which 
the recording was first published. 
(7) The immediately preceding subsection of this section 
shall not apply if it is shown: 
(a) that the records in question were not issued by or with 
the licence of the owner of the copyright, or 
(b) that the owner of the copyright had taken all reasonable 
steps for securing that records embodying the recording, 
or part thereof, would not be issued to the public ill the 
State without a label or mark either on the records 
themselves or on their containers indicating the year in 
which the recording was first published. 
(8) Where a published sound record)~g is caused to be 
heard in public: 
(a) at any premises where persons reside or sleep, as part of 
the amenities provided exclusively or mainly for resi­
dents or inmates therein, or 
(b) as part of the activities of, or for the benefit of, a club, 
society or other organisation which is not established or 
conducted for profit and whose main objets are chari­
table or are otherwise concerned with the advancement 
of religion, education or social welfare, 
the act of causing the sound recording to be so heard without 
the payment of equitable remuneration to the owner of the 
copyright subsisting in the recording shall not, subject to the 
provisions of the next following subsection of this section, 
constitute an infringement of the copyright subsisting therein. 
(9) The immediately preceding subsection of this section 
shall not apply: 
(a) in the case of the premises mentioned in paragraph (a) 
of that subsection, if a special charge is made for ad­
mission to the part of the premises where the recording 
is to be heard, or 
(b) in the case of any such organisation as is mentioned in 
paragraph (b) of that subsection, if a charge is made for 
admission to the place where the recording is to be heard, 
and any of the proceeds of the charge are applied other­
wise than for the purposes of the organisation. 
(10) For the purposes of this Act, a sound recording shall 
be taken to be made at the time when the first record 
embodying the recording is made, and the maker of a sound 
recording is the person who owns that record at the time 
when the recording is made. IP/N/1/IRL/C/1 
Page 12 
(11) Where, by virtue of an auignment or licence or other­
wise. Radio I!:ireann is authorisf'd to broadcast a sound record­
ing, but (apart from this subsection) would not be entitled to 
make a rt'cord of it. the copyright in the recording is not in­
fringed if Rauio Ein'ann iJy mralll! of ita own facilitif'1 mak,'~ 
a record of th,' ft'corelillg for till' purpO!4I' of tht' authorist'd 
hroadcast. 
(12) TIll' gen,'ral ,'x('f'ptioll 1II,·ntiolll·d in tht' immt'diatf'ly 
prf'ceding sllb~l'ctioll of thi!! lit'ction ,.hall 1I0t apply if. without 
the consent of th .. own,'r of th,' rI'I"\'snt rightl4 in the sound 
re·cording: 
(a) tht' ft'cord or allY copy tilt'n'of ill lI~t'd for any purpost' 
except that of makillg the' broatl,'a~t ill accoruance with 
the authorillation, if any. or. 
(Il) the record or any ropy tlll'rl'of i~ 1I0t Ut'lItroY"d Iwforl' 
Iht' "lid of th,' p,'rioel of ,.ix mOllth!! Ilt'xt following the 
making of till' record. or :-lIch long,'r pl'riod aa IUay be 
agn'(,d between Radio Ein'alln alllI thl' perlion who. in 
rl'lation to tht' maling of rI'cord" of Ihe description in 
'11I,'stion, ill tilt' own,'r of th., ,'opyright "ub"i"ting in th,' 
recording. 
(13) AllY rt'Coru of a rI'cording mad,' unul'f liIlbst'ction (11) 
of this ~t'l,tioll whidl is of an ,-'(c('ptional t1ocuUlt'lItary char. 
art,'r ma~'11I' prl'St'rwel in th,' arc'hi,',,!! of Haelio Eireallll. which 
an' hl'n'by tlt'~ignalt'd offil'iill ar('hi\'t'~ for th,' purpOSt'. hut. 
subj,'ct to th,' pro,'i~ioll~ of thi:; Al,t. ,~hall 1I0t b" l1lH'U for 
hroatlcalltillg or for allY otlll'r [lllrpO"t' without the l'OIlSt'nt 
of th,' OWIIl'f of thl" n'lnant right:! ill th,' n'coruing, 
(14) III this Al'l: 
"sounu rI'cording" nu'ans tilt' a!!grl'!1:at" of th,' SOIlIlUS I'm­
bot/i,'u ill. anu ('apahl., of I"'illg rI'product'd by Ult'aIlS of. 
a rI'l'ord of illly d",.rription. otilt'r than a sountl·traek 
assol'iat,'d with a ('ill"lIIalo~raph fillll; and 
.. I'ublil'atioll", ill n·latioll to a "oulld r,'coreling. meall:! th,' 
is!HIt, to Ih,' public of n'('orcl~ "IIIIJOdying tht' rI'cordillg or 
any part th('rf'o£. 
ClJpyr;gl.t ;fI ,.;lIf·lIIutCJgraph lilfII~ 
18. -(I) Copyright "IJall .u"~i~t, "uhi,'ct to till' provi. 
sion!! of this Act: 
((l J ill "",'ry einl'matograph film the maker of whic:h was a 
qualified p,'r~on for Ihl' whol.· or a ~uhstalltial part of 
th,· pt'rioel during ",hidl Ih,' film was maUt', ,wd 
(Ilj without prc'judic(' to till' IHO\'i~ioll contailletl in para­
graph (a) of thi!! slIbM-ction, in '-Hr), p\lLli~ht·u cillt'mato­
graph film tilt' fir!'t publiration of whidl took place in ' 
tht, Stall'. 
(2) Copyright ~lIb~istillg ill a t'illl'matograph film (n' virtuI' , 
of this ~t'ction !'hall contilHII' to ~lIb"ist until tht' ('nu" of the j 
p,'riot! of fifty ye'ar!! from till' "lId of tht' Yl'ar in which the 
film ill fin;t publi"llt·u. 
(3) Subjt'ct to th., pro\'i"ioll~ of thill Act the maker of a 
cinematograph film ~hall Ill' .'ntitl,'d 10 any copyright Hlhsist­
tng in tht' film by virtue of this section. t'xcept. howt'v('r, that 
where a person commissions the making of a cinematograph 
film. allll pay" or agr("'~ to puy for it ill money or money's NA.TIONA.L LEGISLATION 
worth, and the film is made in pursuance of that commission, 
that person, in the absence of an agreement to the contrary, 
shall be entitled to any copyright subsisting in the film by 
virtue of this section. 
(4) The acts restricted by the copyright in a cinemato­
graph film are: 
(a) making a copy of the film; 
(b) causing the film, in so far as it consists of visual images. 
to be seen in public, or, in so far as' it consists of sounds, 
to be heard in public; 
(c) broadcasting the film; 
(d) causing the film to be transmitted to subscribers to a 
'diffusion service. 
(5) The making of a copy of a cinematograph film for 
the purposes of a judicial proceeding, or causing it to be 5een 
or heard in public for those purposes, shall not constitute an 
infringement of any copyright subsisting therein by virtue of 
this section. 
(6) Where copyright has subsisted in a cinematograph 
film by virtue of this section and has ceased to so subsist, a 
I person who, after such cesser, causes the film to be seen, or 
to be seen and heard, in public. or to be broadcast, does not 
thereby infringe any copyright subsisting by virtue of Part 11 
of this Act in any literary, dramatic, musical or artistic work 
prest'nted in the film. 
(7) In the case of a cinematograph film which is a news­
reel, the causing of the film to be seen, or seen and heard, in 
public, or to be broadcast, after the end of the period of 
fifty years from the end of the year in which the principal 
events depicted in the film occurred, shall not constitute an 
infringement of the copyright subsisting by virtue of this 
section ill the film. 
(8) For the purposes of this Act, a cinematograph film 
shall be taken to include the sounds embodied in any sonnd­
track associated with the film, and references to a copy of a 
cinf'matograph film shall be construed accordingly. 
(9) Where the sounds embodied in any sound-track asso­
ciated with a cinematograph film are also embodied in a 
record 110t uerived from that sound-track, any use made of 
that record shall not constitute an infringement of the copy­
right ill the film. 
(10) In this Act: 
.• cillematograph film" means any sequence of visual images 
recorded on material of any description (whether trans­
lucent or not) so as to be capable, by use of that material: 
(a) of being shown as a moving picture, or 
(b) of being recorded on other material (whether trans­
lucent or not) hy the use of which it can be shown: 
.. maker ", in relation to a cinematograph film, means the 
person by whom the arrangements necessary for the mak­
ing of the film are undertaken; 
.. publication ", in relation to a cinematograph film. means the 
sale, letting on hire, or offer for sale or hire, of copies of 
the film to, or for showing by any means to, the public; 
.. copy", in relation to a cinematograph film, means any print, LE DROIT D'AUTEUR (COPYRIGHT) 
negative, tape or other article on which the film or part 
of it is recorded. 
(11) References in this Act to a sound-track associated 
with a cinematograph film are references to any record of 
sounds which is incorporated in any print, negative, tape or 
other article on which the film or part of it, in so far as it 
consists of visual images, is recorded, or which is issued by 
the maker of the film for use in conjunction with such an 
article. 
Copyright in television broadcasts and sound broadcasts 
19. -(1) Copyright shall, subject to the provisions of 
this Act, subsist in every television broadcast and in every 
sound broadcast made by Radio Eireann from a place in the 
State. 
(2) Copyright in a television broadcast and copyright in 
a sound broadcast shall continue to subsist until the cnd of 
the period of fifty years from the end of the year in which 
the broadcast is first made. 
(3) Subject to the provisions of this Act, Radio Eireann 
shall be entitled to any copyright subsisting in a television 
broadcast and to any copyright subsisting in a sound broad­
cast made by Radio Eireann from a place in the State. 
(4) In so far as a television broadcast or a sound broadcast 
is a repetition (whether the first or any subsequent repetition) 
of a television broadcast or a sound broadcast previously 
made by Radio Eireann from a place in the State, and is made 
by broadcasting material recorded on film, records or other­
wise: 
(a) copyright shall not subsist therein by virtue of this sec­
tion if it is made after the end of the period of fifty 
years from the end of the year in which the previous 
broadcast was made; and 
(b) if it is made before the end of that period, any copyright 
suhsisting therein by virtue of this section shall cease to 
suhsist therein at the end of that period. 
(5) The acts restricted by the copyright in a television 
hroadcast or a sound broadcast are: 
(a) in the case of a television broadcast in so far as it consists 
of visual images, making, otherwise than for private pur­
poses, a cinematograph film of it or part of it or a 
photograph of part of it or a copy of such film or photo­
graph; 
(b) in the case of a sound broadcast, or of a television broad­
cast in so far as it consists of sounds, making, otherwise 
than for private purposes, a sound recording of it, or a 
record embodying such a recording; 
(c) in the case of a television broadcast, causing it, in so far 
as it consists of visual images, to be seen in public, or, in 
so far as it consists of sounds, to be heard in public, if it 
is seen or heard by a paying audience; 
(cl) in the case either of a television broadcast or a sound 
broadcast, rebroadcasting it. 
(6) The restrictions imposed by virtue of subsection (5) 
of this section in relation to a television broadcast or a sound IP/N/1/IRL/C/1 
Page 13 
broadcast made by Radio Eireann shall apply whether the act 
in question is done by: 
(a) the reception of the broadcast, or 
(b) making use of any record, print, negative, tape, or othf'r 
article on which the broadcast has been recorded. 
(7) In relation to copyright in television broadcasts, in so 
far as they consist of visual images, the restrictions imposed 
by virtue of subsection (5) of this section in relation to a 
cinematograph film or a copy of such a film shall apply to 
any sequence of images sufficient to be seen as a moving 
picture; and accordingly, for the purpose of establishing an 
infringement of such copyright, it shall not be necessary to 
prove that the act in question extended to more than a se­
quence of images. 
(8) For the purposes of subsection (5) of this section, a 
cinematograph film or a copy thereof, a photograph or a copy 
thereof, or a sound recording or a record embodying a record­
ing, shall be taken to be made otherwise than for private pur­
poses if it is made for the purposes of the doing by any person 
of any of the following acts, that is to say: 
(a) the sale or letting for hire of any copy of the film or 
photograph, or, as the case may be, of any record em­
bodying the recording; 
(b) broadcasting the film, recording or photograph; 
(c) causing the film, photograph or recorfing to be seen or 
heard in public. 
(9) For the purposes of paragraph (c) of subsection (5) 
of this section, a television broadcast shall be taken to be ~eell 
or heard by a paying audience if it is seen or heard by persons 
who either: 
(a) have been admitted for payment to the place where the 
broadcast is to be seen or heard. or have been admitted 
for payment to a place of which that place forms part, or 
(b) have been admitted to the place where the broadcast is 
to be seen or heard in circumstances where goods or 
services are supplied there at prices which exceed tht' 
prices usually chargcd at that place and are partly attri­
butable to the facilities affonled for seeing or hearing 
the broadcast. 
(10) For the purposes of paragraph (a) of the immediately 
preceding subsection of this sectioll no account shall be taken: 
(a) of persons admitted to the place in question as resi­
dents or inmates therein, or 
(b) of persons admitted to that place as members of a club 
or society, where the payment is only for membership 
of the club or society and the provision of facilities for 
seeing or hearing television broadcasts is only incidt'ntal 
to the main purposes of the club or society. 
(11) Anything done in relation to a television broadcast 
or a sound broadcast for the purposes of a judicial proceed­
ing does not constitute an infringement of the copyright sub­
sisting in the broadcast. 
(12) In this Act: 
.. television broadcast" means visual images broadcast by 
way of television, together with any sounds broadcast for 
reception along with those images; IP/NIlIIRL/CI 1 
Page 14 
•• sound broadcast" means sounds broadcast otherwise than 
as part of a television broadcast. 
(13) For the purposes of this Act, a television broadcast 
or a sound broadcast shall be taken to be made by the body 
by whom, at the time when, and from the place from which, 
the visual images or sounds in question, or both, as the case 
may be, are broadcast. 
Copyright in published edition ... 01 works 
20. -(1) Subject to the provisions of this Act, copyright 
shall subsist in every published edition of anyone or more 
literary, dramatic or musical works where either: 
(a) tht' first publication of the edition took place in the 
State, or 
(b) thc publisher of the edition was a qualified person at 
the date of the first publication thereof. 
(2) Copyright shall not subsist in an edition which repro­
duces the typographical arrangement of a previous edition of 
the same work or works. 
(3) Subject to the provisions of this Act, the publisher of 
an edition shall be entitled to any copyright subsisting thercin 
hy virtuc of this section. 
(4) Copyright suhsistillg in a puhlished edition by virtue 
of this section shall continue to subsist until the end of thc 
period of twenty-five years fom the cnd of the year in which 
the t'dition is first published. 
(5) The act restricted by the copyright suhsisting ill a 
published edition by virtue of this section is the making, by 
any photographic or similar process, of a reproduction of the 
typographical arrangement of the edition. 
(6) The making, by any sllch process as afort'said, of a 
reproduction of the typographical arrangement of the edition 
for the purposes of ref;carch or private study involving the 
work contained in the edition, shall not constitute an infringe­
ment of the copyright subsisting in the edition by virtue of 
this section. 
Sltpp/l'ml'II'ary provisions lor purposes 0/ Part III 
21. -(1) The provisions of this section shall have effect 
with respect to copyright subsisting by virtue of this Part of 
this Act in sOllnd recordings, cinematograph films, television 
broadcasts and sound broadcasts, and in published editions of 
literary, dramatic and musical works; and in those provisions 
references to the relevant provision of this Part of this Act, 
in relation to copyright in a subject-matter of any of thosc 
descriptions, are references to the provision of this Part of 
this Act whereby it is provided that (subject to compliance 
with the conditions specified therein) copyright shall subsist 
in that description of subject-matter. 
(2) Where copyright subsists by virtue of this Part of this 
Act in a sound recording, cinematograph film, broadcast or 
other subject-matter, nothing in this Part of this Act shall be 
construed as affecting the operation of Part II of this Act in 
relation to any literary, dramatic, musical or artistic work 
from which that subject-matter is wholly or partly derived; 
and copyright subsisting by virtue of this Part of this Act NATIONAL LEGISLATION 
shall 1)(' additional to. and intlc'pc'ml,'nt of. any ('opyrigllt :\1111-
sisting hy virttH' of Part I I of thi1' Act. 
(3) Tl\l' imnH'dialt'I~' prn,'dillg I'lIh"c'ctioll of thi,; 1't'l'liOIl 
shall havt· dft'ct sulljt'l't to tht' pro,,'i1'ioll~ of l'oUlll"'('lioll (6) of 
section 18 of thil'\ Act. 
(-1) Thl' !'lIitsi",tt'IIC" of copyright IIlIc/t'r allY of tht, pn·et'd. 
illg !'c'ctioll'; of thi,; Pari of thi" Act I'lIall 1101 afft'ct till' olH'ra­
lion of all~' othl'r of those !it'ction~ IIIIt/er "hich cop)'ri~hl call 
subsist. 
(~) AllY (,oJl~'ri~lIt 1'lIh"i,;lill~ },y "irtll" of tllil'o Pari of IlIis 
Act i,; illfringc'd hy all~ pl'rl'OIl who. without tht' Ji('t'IJ('" of 
~hl' OWllt'r of thl' ('opyriE!ht. illlporl,. all arti('J" (otlll'rwist' 
thall for hi" pri .. 'att' alld dOllll'l'li(' m,l') illtu thl' Statt'. if to 
his kllowJt·dgt' tht' making of that articl,· c'on,;titlllt'd all in­
fringt'lIIc'lIl of that copyriE!ht. or wOllld ha\'(' COII,;titlltt·d !'1Il'h 
all illfrillg"lIIc'nt if 11\1' articl" had I""'n lIIi1d" ill till' State'. 
(6) Any I'lIch copyright i~ all'o illfrillg"d },~ allY I'n,.oll 
who, ill tll(' Stalt'. alld withollt tht' lit't·IIt'c' of tht' oWIlt'r of 
tht' copyriE!ht: 
(a) ';I,lk It,t,; for hirl'. or It)' way uf tratl,' orrn" or t'XI)(,,;t',; 
for 1'all' or hire' allY articll·. or 
(b) hy way of tradc' nhiltit" any artid" ill pllldil·. 
if to hi" knowl,'d~I' Ih,' lIIaking of lilt, art id" t'on"litllkd all 
infrillgt'lII"1I1 of that rOl'yriE!ht. Of (in till' ra:-,' of all illlporl,'d 
arlicl,,) wOllld han' con~litllt"11 an illfrillgt'lII,'nt of Ihal ('opy­
right if thl' articll' had hl'c'n iliad,' ill Iht, State·. 
(7) TIll' irnllll'lJialt'ly pre'c,'dillg "lIh~t'I'lioll of thi,. ""t,tioll 
~hall apply ill relation to 1111' tli"lrilllltioll of artic'lc'!' c'itlll'r: 
(a) for pllfpOSC'" of tradl'. or 
(b) for other "urpo~c·J'o. hilt to 1'11('1. all n.I'·lIt a~ 10 01((,'('1 
I'rl'judicially tht, oWII,'r of till' rOl'yright III "lIt'~lioll. a .. 
it llpplit'!i to th,· :-al,' of all &lrliclC', 
(8) SlIh"c'ctiollpo Ci). (6) anti (7) of Ihi~ :-"ctioll !-hall ha\',· 
eff,'ct withollt pn'jlllJirl' to till' ~,'n"ral Jlrt)\'i!'oiouo; of ""l'lion i 
of thi!' Act as to illfringt'III1'lIt" of (·ol'yright. 
PAHT IV 
HCIllt'(lies for Infrin~ellll.'nl of Copy'ri;tht 
..Ir'(;o" fJY ClII"IU'r 01 (,II/,.,'ri[lh, lor ;lllr;lIgrlllrlll 
22. -() SlIhjc'ct to 11", pro\'i~ioll" of thi,; Art illfrillg"-
1I1t'lIt" of copyright shall llC' urtiollalllt, at till' P'lIit of tilt, owner 
of tilt· copyright. 
(2) III allY artioll hy tilt· OWIII'r of a ropyright for all ill­
fringc'fIIc'nt thc·n·of all I'1Il'h n'lid. hy way of tlalllap;('''. illjulIC' 
tioll. accoullts or otllC'rwi",' "hall hI' a\ ailahlt' to th,' plaintiff 
as is availahlt' ill all~' ('orn'""oIItJill~ pro('C·,·dillg~ ill n'''llC'et of 
illfrillgl,rtl"lIt of othc'r propril'tary rights. 
(3) Whert' in nil a(·tioll for illfrillg"lIIc'lIt of copyright it 
is pron·d or udmittrd: 
(a) that 811 infringl.'lIIc'lIt wus (·ommilted. hut 
(iJ) that 'at the.' tilUt' of tht· illfrillg('llIt'nt thc' (it'ft'lItiallt waH 
not aware, alld had 110 rt'u"onaLlt' grounds fbr Sllspl.'ctillg, 
that copyright 8uitsislt'd in the work or other subject­
matter to which tilt' aclioll rl'lates, 
the plaintiff shall not be entitled ullder this section to any LE DROIT D' AUTEU R (COPY RIGHT) 
damages against the defendant in respect of the infringement, 
but shall be entitled to an account of profits in respect of the 
infringement whether any other relief is granted under this 
section or not. 
(4) Where in an action under this section an inf ringemen t 
of copyright is proved or admitted, and the court, having 
regard (in 'addition to all other material considerations) to: 
(a) the flagrancy of the infringement, and 
(b) any benefit shown to have accrued to the defendant by 
reason of the infringement, 
is satisfied that effective relief would 1I0t otherwise be avail­
able to the plaintiff, the court, in assessing damages for the 
infringement, shall have power to award such additional da­
mages by virtue of this subsection as the court may consider 
appropriate in the circumstances. 
(5) In an action for infringement of copyright ill respect 
of the construction of a building, no injunction or other order 
shall be made: 
(a) after the construction of the building has been begun, so 
as to prevent it from being completed, or 
(b) so as to require the building, in so far as it has been 
constructed, to be demolished. 
(6) In this Part of this Act " action" includes a counter­
claim, and references to the plaintiff and to the defendant 
shall be construed accordingly. 
Limitation on amount of plaintiff's costs in certain actions 
for infringement 0/ copyright 
23. -(I) In any action for infringemcnt of copyright 
commenced and heard in the High Court: 
(a) where any relief (other than damages) claimed is within 
the jurisdiction of the Circuit Court and, if damages are 
claimed, the amount of the damages recovered by the 
plaintiff is not more than six hundred pounds, the plain­
tiff shall not be entitled to recover more costs than he 
would have been entitled to recover if the action had 
been brought in the Circuit Court, unless the judge hear­
ing the action grants a special certificate under this sec­
tion, and 
(b) where the only relief claimed is damages and the amount 
of the damages recovered by the plaintiff is not more 
than fifty pounds, the plaintiff shall not be entitled to 
recover more costs than he would have been entitled to 
recover if the action had been brought in the District 
Court, unless the judge hearing the action grants a spe­
cial certificate under this section. 
(2) In any action referred to in subsection (1) of this sec­
[ion the judge hearing the action may, on the application of 
the plaintiff, grant a special certificate in writing that, in the 
>pinion of the judge, it was reasonable, owing to the substan­
tial or important nature of the action or the importance of 
lIly question of law involved therein that the action should 
ilave been commenced in the High Court. 
(3) The reference in subsection (3) of section 12 (which 
limits the amount of plaintiffs' costs in certain actions in the 
High Court) of the Courts of Justice Act, 1936, to a restric­
tion imposed by that section shall be construed as including IP IN I lIIRL/CI 1 
Page 15 
a reference to the restrictions imposed by this section on the 
amount of costs recoverable by plaintiffs in the actions re­
ferred to in subsection (1) of this section. 
Rights of owner 0/ copyright in respect 0/ in/ringing copies 
24. -(I) Subject to the provisions of this Act, the owner 
of any copyright shall be entitled to all such rights and reme­
dies, in respect of the conversion or detention by any person 
of an infringing copy, or of any plate used or intended to be 
used for making infringing copies, as he would be entitled to 
if he were the owner of every such copy or plate and had 
been the owner thereof since the time when it was made. 
(2) Where by virtue of subsection (2) of section 12 (which 
relates to successive conversions or detentions) of the Statute 
of Limitations, 1957, the title of the owner of the copyright 
to such a copy or plate as is mentioned in subsection (1) of 
this section would (if he had been the owner of the copy or 
plate) have been extinguished at the end of the period men­
tioned in the said subsection (2), he shall not be entitled to 
any rights or remedies under subsection (1) of this section in 
respect of anything done in relation to that copy or plate 
after the end of that period. 
(3) A plaintiff shall not be entitled by virtue of this sec­
tion to any damages or to any other p~cuniary remedy (except 
costs) if it is proved or admitted that, at the time of the 
conversion or detention in question: \ 
(a) the defendant was not aware, and had no reasonable 
grounds for suspecting, that copyright subsisted in the 
work or other subject-matter to which the action relates, 
or 
(b) where the articles converted or detained were infringing 
copies, the defendant believed, and had reasonable 
grounds for believing, that they were not infringing co­
pies, or 
(c) where the article converted or detained was a plate used 
or intended to be used for making any articles, the de­
fendant believed, and had reasonable grounds for believ­
ing, that the articles so made or intended to be made 
were not, or (as the case may be) would not be, infring­
ing copies. 
(4) In this Part of this Act: 
" infringing copy", 
(a) in relation to a literary, dramatic, musical or artistic 
work, or to such a published edition as is mentioned 
in section 20 of this Act, means a reproduction other­
wise than in the form of a cinematograph film, 
(b) in relation to a sound recording, means a record 
embodying that recording, 
(c) in relation to a cinematograph film, means a copy of 
the film, and 
(d) in relation to a television broadcast or a sound broad~ 
cast, means a copy of a cinematograph film of it or 
of part of it or a photograph of part of it or a record 
embodying a sound recording of it, 
being (in any such case) an article the making of which 
constituted an infringement of the copyright in the work, 
edition, recording, film or broadcast, or, in the case of an IP/N/lIIRL/C/1 
Page 16 
imported article, would have constituted an infringement 
of that copyright if the article had been made in the State; 
" plate" includes any stereotype, stone, block, mould, matrix, 
transfer, negative or other appliance. 
Proceedings in case 0/ copyright subject to exclusive licence 
25. -(1) The provisions of this section shall have effect 
as to proceedings in the case of any copyright in respect of 
which an exclusive licence has been granted and is in force 
at the time of the events to which the proceedings relate. 
(2) Subject to the following provisions of this section: 
(a) the exclusive licensee shall (except as against the owner 
of the copyright) have the same rights of action, and be 
entitled to the same remedies, under section 22 of this 
Act as if the licence had been an assignment, and those 
rights and remedies shall be concurrent with the rights 
and. remedies of the owner of the copyright under that 
section; 
(b) the exclusive licensee shall (except against.the owner of 
the copyright) have the same rights of action, and be 
entitled to the same remedies, by virtue of section 24 of 
this Act as if the licence had been an assignment; and 
(c) the owner of the copyright shall not have any rights of 
action or be entitled to any remedies, by virtue of sec­
tion 24 of this Act which he-would not have had or been 
entitled to if the licence had been an assignment. 
(3) Where an action is brought either by the owner of the 
copyright or by the exclusive licensee, and the action in so 
far as it is brought under section 22 of this Act, relates (wholly 
or partly) to an infringement in respect of which they have 
concurrent rights of action under that section, the owner or 
licensee, as the case may be, shall not be entitled, except with 
the leave of the court, to proceed with the action, in so far 
as it is brought under that section and relates to that infringe­
ment, unless the other party is either joined as a plaintiff in 
the action or added as a defendant. 
(4) The immediately preceding subsection of this section 
shall not affect the granting of an interlocutory injunction on 
the application of either of the partics referred to in the sub­
section. 
(5) In any action brought by the exclusive licensee by 
virtue of this section, any defence which would have been 
available to a defendant in the action, if this section had not 
been enacted and the action had been brought by the owner 
of the copyright, shall be available to that defendant as against 
the exclusive licensee. 
(6) Where an action is brought in the circumstances men­
tioned in subsection (3) of this section, and the owner of the 
copyright and the exclusive licensee are not both plaintiffs in 
the action, the court, in assessing damages in respect of any 
such infringement as is mentioned in that subsection: 
(a) if the plaintiff is the exclusive licensee, shall take into 
account any liabilities (in respect of royalties or other­
wise) to which the licence is subject, and 
(b) whether the plaintiff is the owner of the copyright or the 
exclusive licensee, shall take into account any pecuniary NATIONAL LEGISLATION 
remedy already awarded to the other party under sec­
tion 22 of this Act in respect of that infringement, or, as 
the case may require, any right of action exercisable by 
the other party under that section in respect thereof. 
(7) Where an action, in so far as it is brought under sec­
tion 22 of this Act, relates (wholly or partly) to an infringe­
ment in respect of which the owner of the copyright and the 
exclusive licensee have concurrent rights of action and in that 
action (whether they are both parties to it or not) an account 
of profits is directed to be taken in respect of that infringe­
ment, then, subject to any agreement of which the court is 
aware, whereby the application of tho!;e profits is determined 
a~ between the owner of the copyright and the exclusive li­
censee, the court shall apportion the profits between them as 
the court may consider just, and shall give such directions as 
the court may consider appropriate for giving effect to that 
apportionment. 
(8) In an action brought either hy the owner of the copy­
right or by the exclusive licensee: 
(a) no judgment or order for the payment of damages in 
respect of an infringement of copyright shall be given or 
made under section 22 of this Act, if a final judgment or 
order has been given or made awarding an account of 
profits to the other party under that section in respect 
of the same infringement; and 
(b) no judgment or order for an account of profits in respect 
of an infringement of copyright shall be given or made 
un,der the said section 22, if a final judgment or order 
has been given or made awarding either damages or an 
account of profits to the other party under that section 
in respect of the same infringement. 
(9) Where, in an action brought in the circumstances men­
tioned in subsection (3) of this section, whether by the owner 
of the copyright or by the exclusive licensee, the other party 
is not joined as a plaintiff (either at the commencement of 
that action or subsequently), but is added as a defendant, he 
shall not be liable for any costs in the action unless he enters 
an appearance and takes part in the proceedings. 
(10) In this section: 
" exclusive licence" means a licence in writing, signed by or 
on behalf of an owner or prospective owner of copyright, 
authorising the licensee, to the exclusion of all other per­
sons, including the grantor of the licence, to exercise a 
right which by virtue of this Act would (apart from the 
licence) be exercisable exclusively by the owner of the 
copyright, and "exclusive licensee" shall be construed 
accordingly; 
" the other party" in relation to the owner of the cop}right 
means the exclusive licensee, and, in relation to the ex­
clusive licensee means the owner of the copyright; and 
" if the licence had been an assignment" means if, instead of 
the licence, there had been granted (subject to terms and 
conditions corresponding as nearly as may be with those 
subject to which the licence was granted) an assignm~nt 
of the copyright in respect of its application to the doing, 
at the places and times authorised by the licence, of the 
acts so authorised. LE DROIT D'AUTEUR (COPYRIGHT) 
Proof of facts in copyright actions 
26. -(1) In any action brought by virtue of this Part 
of this Act: 
(a) copyright shall be presumed to subsist in the work or 
other subject-matter to which the action relates, if the 
defendant does not put in issue the question whether 
copyright subsists therein, and 
(b) where the subsistence of the copyright is proved or ad­
mitted, or is presumed in pursuance of the preceding 
paragraph, the plaintiff shall be presumed to be the 
owner of the copyright, if he claims to be the owner of 
the copyright and the defendant does not put in issue 
the question of his ownership thereof. 
(2) Subject to thc preceding subsection of this section, 
where, in the case of a literary, dramatic, musical or artistic 
work, a name purporting to be that of the author appeared 
on copies of the work as published, or in the case of an 
artistic work, appeared on the work when it was ° made, the 
person whose name so appeared (if it was his true name or a 
name by which he was commonly known) shall, in any action 
brought by virtue of this Part of this Act be presumed, unless 
the contrary is proved: 
(a) to be the author of the work, and 
(b) to have made the work in circumstances not falling within 
subsection (2), subsection (3) or subsection (4) of sec­
tion 10 of this Act. 
(3) In the case of a work alleged to he a work ~'f joint 
authorship, subsection (2) of this section shall apply in rela­
tion to each person alleged to be one of the authors of the 
work, as if references in that subsectioll to the author were 
ref('rcnces to onc of the allthors. 
(4) Where in an action hrought by virtue of this Part of 
this Act with respect to a literary, dramatic, musical or artistic 
work, subsection (2) of this section does not apply, but it is 
established: 
((I) that the work was first published in the State, and was 
so published within the period of fifty years ending with 
the beginning of the year in which the action was brought, 
and 
(b) that a name purporting to be that of the publisher 
appeared on copies of the work as first published, 
then, unless the contrary is shown, copyright shall be presum­
ed to sllbsist in the work and the person whose name so ap­
peared shall be presumed to have been the owner of that 
copyright at the time of the publication. 
(5) For the purposes of subsection (4) of this section a 
fact shall be taken to be established if it is proved or admitted, 
or if it is presumed in pursuance of the subsequent pro­
visions of this section. 
(6) Where in an action brought by virtue of this Part of 
this Act with regard to a literary, dramatic, musical or artistic 
work it is proved or admitted that the author is dead: 
(a) the work shall be presumed to be an original work unless 
the contrary is proved, and 
(b) if it i!'i alleged hy the plaintiff that a pllhlicatioJl specified IP/NI1/IRL/CI 1 
Page 17 
in the allegation was the first publication of the work, 
and that it took place in a country and on a date so 
specified, that publication shall be presumed, unless the 
contrary is proved, to have been the first publication of 
the work, and to have taken place in that country and 
on that date. 
(7) Paragraphs (a) and (b) of subsection (6) of this sec­
tion shall apply where a work has been published, and: 
(a) the publication was anonymous, or was under a name 
alleged by the plaintiff to have been a pseudonym, and 
(b). it is not shown that the work has ever been published 
under the true name of the author or under a name by 
which he was commonly known, or that it is possible for 
a person without previous knowledg~ of the facts to 
ascertain the identity of the author by reasonable inquiry, 
as those paragraphs apply in a case where it is proved that 
the author is dead. 
(8) In any action brought by virtue of this Part of this 
Act with respect to copyright in a sound recording, if records 
embodying that recording or part thereof have been issued to 
the public, and at the time when those records were so issued 
they or their containers bore a label or other mark comprising 
anyone or more of the following statements, that is to say: 
(a) that a person named on the label or mark was the maker 
of the sound recording; 
(b) that the recording was first published'- in a year specified 
on the label or mark; 
(c) that the recording was first published in a country speci­
fied on the label or mark, 
that label or mark shall be sufficient evidence of the facts as 
stated except in so far as thl'°""contrary is proved. 
Penalties alld summary proceedings in respect of dealing.,; 
which infringe copyright 
27. --(1) Any person who, at a time after the commen­
cement of this section when copyright subsists in a work: 
(a) makes for sale or hire, or 
( b) sells or lets for hire, or by way of trade offers or exposes 
for sale or hire, or 
(c) by way of trade exhibits in public, or 
(d) imports into the State, otherwise than for his private and 
domestic use, 
any article which he knows to be an infringing copy of the 
work, shall be guilty of an offence under this subsection. 
(2) Any person who, at a time after the commencement 
of this section when copyright subsists in a work, distributes, 
either: 
(a) for purposes of trade, or 
(b) for other purposes, but to such an extent as to affect 
prejudicially the owner of the copyright, 
articles which he knows to be infringing copies of the work, 
shall be guilty of an offence under this subsection. 
(3) Any person who, at a time after the commencement. 
of this section when copyright subsists in a work, makes or 
has in his possession a plate, knowing that it is to be used for 
making infringing copies of the work, shall be guilty of an 
offt'n('(' IInder this slIhsl'ctiono IP/NI1 IIRL/C/1 
Page 18 
(4) The District Court, upon the application of the owner 
of the copyright in any work, may act as follows: If satisfied 
by evidence that there is reasonable ground for believing that 
infringing copies of the work are being hawked, carried about~ 
sold, or offered for sale, may by order authorise a member of 
the Garda Siochcina to seize the copies withont warrant and 
to bring them before the court, and the conrt, on proof that 
the copies are infringing copies, may order them to be destroy­
ed, or to be delivered up to the owner of the copyright or 
otherwise dealt with as the court may think fit. 
(5) If the District Court is satisfied by information 011 
oath that there is reasonable ground for suspecting that an 
offence under subsection (1), (2) or (3) of this section is being 
committed on any premises, the court may grant a search 
warrant authorising a member of the Garda Siochcina not 
below the rank of Inspector, accompanied by such other 
members of the Garda Siochcina as that member thinks proper, 
to enter the premises between the hours of 6 a. m. and 9 p. m., 
if need be by force, and to seize any copies of ~llly work or 
any plates in respect of which he has reasonable ground for 
snspecting that an offence under any of the said subs,ections 
is being committed. 
(6) All copies of any work and plates seized under sub­
scction (5) of this section shall be brought before the District 
Court, and if proved to be infringing copies or plates intended 
to be used for the printing or reproduction of infringing 
copies shall be destroyed or delivered up to the owner of 
the copyright in question or otherwise dealt with as the court 
thinks fit. 
(7) The preceding subsections of this section shall apply 
ill relation to copyright subsisting ill any subject-matter by 
virtue of Part III of this Act, as they apply ill relatioll to 
copyright subsisting by virtue of Part 11 of this Act. 
(8) Any person who after the commencement of this sec­
tion causes a literary, dramatic or musical work to be per­
formed in public, knowing that copyright subsists in thc work 
and that the performance constitutes an infringement of the 
copyright, shall be guilty of an offence undcr this subsection. 
(9) A person guilty of an offence under subsection (1) or 
subsection (2) of this section shall on summary conviction: 
(a) if it is his first conviction of an offence under this sec­
tion, be liable to a fine 1I0t exceeding five pounds for 
each article to which the offence rclates; 
(b) in any other case, be liable to such a fint', or to impri!'on-
ment for a term not exceeding six months: 
so however, that a fine imposed by virtue of this subsection 
shall not exceed one hundred pounds in respect of articles 
comprised in the same transaction. 
(10) A person guilty of an offence uuder subsection (3) 
or subsection (8) of this section shall, on summary conviction: 
(a) if it is his first conviction of an offence under this sec­
tion, be liable to a fine not exceeding one hundred 
pounds; 
(b) in any other case, be liable to such a fine, or to impri"on­
ment for a term not exceeding six months. NATIONAL LEGISLATION 
(11) The court before which a person is charged with an 
offence under this section may, whether he is convicted of 
the offence or not, order that any article in his possession 
which appears to the court to be an infringing copy, or to be 
a plate used or intended to be used for making infringing 
copies, shall he destroyed or delivered up to the owner of 
the copyright in question or otherwise dealt with as the court 
may think fit. 
(12) An appeal shall lie to the Circuit Court from any 
order under subsection (4), (5), (6) or (11) of this section. 
provisiun for restricting impurtation of infringing copies 
28. --(1) The owner of the copyright in any published 
literary, dramatic or musical work or sound recording may 
give notice in writing to the Revenue Commissioners (in this 
section referred to as the Commissioners): 
(a) that he is the owner of the copyright ill the work or the 
recording, and 
(b) that he requests the Commissioners, during a period spe­
cified in the notice, to treat as prohibited goods copies 
of the work or the recording to which this section applies; 
so, however, that the period specified in a notice under this 
subsection shall not exceed five years and shall not extend 
beyond the end of the period for which the copyright is to 
subsist. 
(2) This section applies: 
(a) in the case of a work, to any printed copy and 
(b) in the case of a sound recording. to allY copy, 
made outside the State which. if it had becn made in the State, 
would he al~ infringing copy' of the work or the recording. 
(3) Where a notice has been given under this sectioll in 
respect of a work or a recording. and has not been withdrawn. 
the importation into the State, at a time hefore the end of 
the period specified in the notice, of any copy of the work or 
the recording to which this section applies shall, subject to 
the subsequent provisions of this section, be prohibited. 
(4) The immediately preceding sllbsection of this section 
shall not apply to the importation of any article by a person 
for his private and domestic use. 
(5) The Commissioners may make regulations prescribing 
the form in which notices are to be given under this section, 
alld requiring a person giving snch a notice, either at the time 
of giving the notice or at the time when the goods in question 
are imported, or at both those times, to furnish the Com­
missioners with such evidence, or to comply with such other 
conditions (if any) as may he specified in the regulations: and 
any such regulations may include such incidental and supple­
mentary provisions as the Commissioners may cOllsidcr expe­
dient for the purposes of this section. 
(6) Without prejudice to the generality of the immediately 
preceding subsection of this section, regulations made under 
that subsection may include provision for requiring a persoll 
who has given a notice under subsection (1) of this section, 
or a notice purporting to be a notice under that subsection: 
(a) to pay to the Commissioners such fees in respect of the 
notice as may he prescribed hy the regulations; LE DROIT D'A~TEUR (COPYRIGHT) 
(b) to give to the Commissioners such security as may' be so 
prescribed, in respect of any liability or expense which 
they may incur in consequence of the detention, at any 
time during the period specified in the notice, of any 
copy of the work or the recording to which the notice 
relates, or in consequence of anything done in relation 
to a copy so detained; 
(c) whether any such security is given or not, to keep the 
Commissioners indemnified against any such liability or 
expense as is mentioned in paragraph (b) of this sub­
section. IP IN I lIIRL/C/1 
Page 19 
(7) Any fees paid in pursuance of regulations under this 
section shall be accounted for in such manner as shall be 
prescribed by the Minister for Finance. 
(8) The Public Offices Fees Act, 1879, shall not apply in 
respect of any fees payable in pursuance of regulations under 
this section. 
(9) Notwithstanding anything contained in the Customs 
Acts, a person shall not be liable to any penalty under those 
Acts (other than forfeiture of the goods) by reason that any 
goods are treated as prohibited goods by virtue of this section. 
(To be continued) IP/N/I/IRL/C/l 
Page 20 
INTERNATIONAL UNION 
Appointment of a new Vice-Director 
The conditions referred to in Resolution No. 4. adopted on 
October 251h, 1962, by the Permanent Bureau of the Con­
sultative Committee of the Paris Union and the Permanent 
Committee of the Berne Union (see Industrial Property, 1962, 
p.236; Le Droit d'Auteur [Copyright], 1962, p.188) having 
been fulfilled, the Director of BIRPI appointed, on July 191h, 
1963, Dr. Arpad Bogsch as Vice-Director of BIRPI. 
NATIONAL LEGISLATION 
IRELAND 
Copyright Act 
. (No. 10, of 1963) 
(Suonrl alld Last Part) 1) 
PART V 
Jurisdiction of the Controller of Industrial and Commercial 
Property 
Definitions for purposes of Part V 
29. -(1) In this Part of this Act: 
" licence" means a licence granted by or on behalf of the 
owner, or prospective owner, of the copyright in a literary, 
dramatic or musical work, or in a sound recording or a 
television broadcast, being: 
(a) in the case of a literary, dramatic or musical work, a 
licence to perform in public, or to broadcast, or to 
record for the purpose of broadcasting, the work or 
an adaptation thereof, or to cause the work or an 
adaptation thereof to be transmitted to subscribers to 
a diffusion service; 
(b) in the case of a sound recording, a licence to cause it 
to be heard in public, or to broadcast it, or to tansmit 
it to subscribers to a diffusion service; 
(e) in the case of a television broadcast, a licence to cause 
it, in so far as it consists of visual images, to be seen 
in public and, in so far as it consists of sounds, to be 
heard in public. 
1) See Le Droit d'Au'cur (Copyright), 1963, p. US. (2) In this Part of this Act " licensing body": 
(a) in relation to such licences as are mentioned 1Il para­
graph (a) of the preceding subsection of this section, 
means a society or other organisation which has as its 
main object, or one of its main objects, the negotiation 
or granting of such licences, either as owner or prospec­
tive owner of copyright or as agent for the owners or 
prospective owners thereof; 
(b) in relation to sllch licences as are mentioned in para­
graph (b) of the preceding subsection of this section 
means any owner or prospective owner of copyright in 
sound recordings, or any person or body of persons 
acting as agent for any owners or prospective owners of 
copyright in relation to the negotiation or granting of 
such licences; and 
(e) in relation to such licences as are mentioned in para­
graph (e) of the preceding subsection of this section, 
means Radio Eireann or any organisation appointed by 
Radio Eireann for the purposes of negotiating or grant· 
ing licenses in respect of the copyright in television 
broadcasts in so far as the copyright relates to the acts 
specified in paragraph (e) of subsection (5) of section 19 
of this Act. 
(3) Paragraph (a) of subsection (2) of this section shall 
not apply to an organisation by reason that its objects include the negotiation or granting of individual licences, each relating 
to a single work or the works of a single author, if they do 
not include the negotiation or granting of general licences, 
each extending to the works of several authors. 
(4) In this Part of this Act" licence scheme ", in relation 
to licences of any description, means a scheme made by one 
or more licensing bodies, setting out the classes of cases in 
which they, or the persons on whose behalf they act, are will­
ing to grant licences of that description, and the charges (if 
any), and the terms and conditions, subject to which licences 
would be granted in those classes of cases; and in this sub­
section" scheme" includes anything in the nature of a scheme, 
whether described therein as a scheme or a tariff or by any 
other name. 
(5) In this Part of this Act: 
(a) references to terms and conditiolls are references to 
terms and conditions other than those relating to the 
amount of a charge for a licence; and 
(b) references to giving an opportunity to a person of pre­
senting his case are references to giving him an oppor­
tunity, at his option, of submitting representations in 
writing, or of being heard, or of submitting representa­
tions in writing and being heard. 
General provisions as to jurisdiction 0/ the Controller 
30. -Subject to the provisions of this Part of this Act, 
the COlltroller shall have jurisdiction to determine disputes 
arising between licensing bodies and persons requiring li­
cences, or organisations claiming to be representative of such 
persons, either: 
(a) on the reference of a licence scheme to the Controller, or 
(b) on the application of a person requiring a licence either 
in accordance with a licence scheme or in a case not 
covered by a licence scheme. 
Determination by the Controller 0/ certain matters relating 
to royalties under section 13 and remuneration under 
sections 17 and 48 
31. --(1) Where a dispute arises between the manu­
facturer and the owner of the copyright in a musical work 
regarding the amount of the royalty payable by the manu­
facturer under paragraph (d) of subsection (1) of section 13 
of this Act in respect of the recording of the work, the dispute 
may be referred by either party to the Controller who shall 
consider the case and either determine the amount of the 
royalty so payable, or refer the case to an arbitrator in pur­
suance of the provisions of section 41 of this Act, for such 
determination. 
(2) Where a royalty payable under section 13 of this Act 
falls to be apportioned under Ilubsection (3) or (5) of that 
section, the Controller shall, in default of agreement among 
the persons entitled to the royalty, consider the case and 
either determine the proportions in which the royalty shall 
be so apportioned, or refer the case to an arbitrator in pur­
suance of the provisions of section 41 of this Act, for such 
determina tion. IP/NI1/IRL/CI 1 
Page 21 
NATIONAL LEGISLA.TION 
(3) Where a dispute arises between a person who causes a 
sound recording, or any reproduction thereof, to be heard in 
public, or to be broadcast, and the owner of the copyright 
subsisting in the recording regarding the equitable remunera­
tion payable under paragraph (b) of subsection (4) of sec­
tion 17 of this Act in respect of the recording, the dispute 
may be referred by either party to the Controller who shall 
consider the case and either determine the amount of the 
remuneration so payable, or refer the case to an arbitrator 
in pursuance of the provisions of section 41 of this Act, for 
such determination. 
(4) Where a dispute arises between the owner of the right 
to broadcast a musical work incorporated in a cinematogl"a,ph 
film and Radio Eireann, as to the equitable remuneration 
payable under subsection (2) of section 48 of this Act in 
respect of the work, the dispute may be referred by either 
party to the Controller who shall consider the case and either 
determine the amount of the remuneration 80 payable, or 
refer the case to an arbitrator in pursuance of the provisions 
of section 41 of this Act, for such determination. 
Re/erence 0/ licence schemes to the Controller 
32. -(1) Where, at any time while a licence scheme is 
in operation, a dispute arises with respect to the scheme 
between the licensing body operating the scheme and: 
(a) an organisation claiming to he representative Gf persons 
requiring licences in cases of a class \0 which the scheme 
applies, or 
(b) any person claiming that he requires a licence ill a ca,ie 
of a class to which the scheme applies, 
the organisation or person ill question may refer the scheme 
to the Controller in so far as it relates to cases of that das", 
(2) The parties to a reference of a licence scheme to the 
Controller under this section shall be: 
(a) the organisation or person at whose instance the refer­
ence is made; 
(b) the licensing body operating the scheme to which the 
reference relates; and 
(c) such other oganisations or persons (if any) <liS apply to 
the Controller to be made parties to the reference and, 
in accordance with the next following subsection of this 
section, are made parties thereto. 
(3) Where all organisation (whether claiming to be re· 
presentative of persons requiring licences or not) or a penoll 
(whether requiring a licence or not) applies to the Controller 
to be made a party to a reference, and the Controller is satis­
fied that the organisation or person has a substantial interest 
in the matter in dispute, he may, if he thinks fit, make that 
organisation or person a party to the reference. 
(4) The Controller shall not entertain a reference of a 
licence scheme to him under this section by an organisation 
unless he is satisfied that the organisation is reasonably re­
presentative of the class of persons which it claims to re­
present. 
(5) Subject to the immediately preceding subsection of 
this section, the Controller, on any reference under this sec-IP/NIlIIRL/CI 1 
Page 22 
LE DROIT D'iuTEUR (COPYRIGlIT) 
tion, shall ~ollsider the matter in dispute, amI, after giving to 
the parties to the reference an opportunity of presenting their 
cases respectively, shall make sHch order, either confirming 
or varying the scheme, in so far as it relates to cases of the 
class t.o which the reference relates, as the Controller may 
determine to be reasonable in the circumstances. 
(6) An order of the Controller under this section may, 
notwithstanding anything contained in the licence scheme to 
which it relates, be made so as to be in force either inde­
finitely or for such period as the Controller may determinc. 
(7) Where a licence scheme has heen referred to the Con­
troller under this section, then, notwithstanding anything 
contained in the scheme, bnt subject to the next following 
subsection: 
(a) the scheme shall remain in operation until the Cont.roller 
has made an order in pursnance of the reference, and 
((;) after such an order has been made, the scheme shall 
remain in operati.on, in so far as it relates to the class of 
cases in respect of which the order was made, so long as 
the order remains in force. 
(8) The immediately preceding subsection of this section 
shall not apply in relation to a reference as respects any 
period after the reference has been withdrawn, or has been 
discharged hy virtue of suhsection (4) of this section. 
Further reference of scheme to the Controller 
33. -(1) Where the Controller has made an order Imder 
the immediately preceding section with respect to a licence 
scheme, then, suhject to the next following suhsection of this 
section, at any time while the order remains ill force: 
(a) the licensing body operating the scheme, or 
(h) allY organisation claiming to Le representative of persons 
reqlliring licences in cases of the class to which the order 
applies, or 
(c) any person e'laiming that he reqllires a licence in a case 
of that class, 
IlIay rcf er the scheme again to the Controller ill so far at" it 
relates to cases of that class. 
(2) A licence scheme shall not, except with the special 
leave of the Controller, be referred again to him under the 
immediately preceding suhsection of this section at a time 
curlier than: 
(1"1) the end of the period of twelve months hegiulling with 
the date on which the order in qllestion was made, in the 
case of an order made so as to he in force illdefinitely 
or for a period exceeding fifteell months, or 
(b) the beginning of the period of three months ending with 
the date of expiry of the order, in the case of an order 
made so as to be in force for fifteen months or less. 
(3) The parties to a reference under this section shall be: 
(a) the licensing hody, organisation or person at whose in­
stance the reference is made; 
(b) the licensing body operating the scheme to whieh the 
reference relates, if the reference is not made at their 
instance; and 
(c) such other organisation or persons (if any) as apply to 
the Controller to be made parties to the reference and, in accordance with the prOVISIOns applicable ill that 
behalf by virtue of suhsectioll (5) of this section, are 
made parties thereto. 
(4) Suhject to the said suhsection (5), the Controller, on 
any reference under this section, shall consider the matter in 
dispute, and, after giving to the parties to the reference an 
opportunity of presenting their cases respectively, shall make 
such order in relation to the scheme as previously confirmed 
or varied, in so far as it relates to cases of the class in question, 
either by way of confirming, varying, or further varying the 
scheme, as the Controller may determine to he reasonahle in 
the circumstances. 
(5) Suhsections (3), (4), (6) and (7) of the immediately 
preceding section of this Act shall apply for thc purposes of 
this section. 
(6) The preceding provisions of this section shall have 
effect in relation to orders made under this section as they 
have effect in relation to orders made under the immediately 
preceding section of this Act. 
(7) Nothing in this section shall he construed as preveut­
ing a licence scheme, in respect of which an order has heen 
made under the immediately preceding section of this Act, 
from being again referred to the Controller under that section. 
either: 
(a) at any time, in so far as the scheme relates to cas~s of a 
class to which the order does not apply, or 
(b) after the expiration of the order, in s~Jar as the scheme 
relates to cases of the class to which the order applied 
while it was in force. 
AIJfJlicatiolls to the COlltroller 
34. -(1) For the PHrP~s(,s of this Part of this Act a 
case shaLl, subject to the provisiollS of subsection (2) of this 
sectioll, be taken to he covered by a licence scheme if, ill 
accordance with a licence scheme for the time being ill opera­
tion, licences would be granted ill cases of the class to which 
that case belongs. 
(2) Where, in accordance with thc provisiolls of a licellc(' 
scheme: 
(a) the licences which would Le so grallted would be subject 
to terms and conditions wherehy particular matters would 
be excepted from the licences, and 
(b) the case in question relates to one or more matters fall­
ing within such an exception, 
the case shall he taken not to Le covered by the schellll'. 
(3) Any person who claims, in a case covered hy a licellce 
scheme, that the licensing hody operating the schemc havl' 
refused or failed to grant him a licence ill accordance with 
thc provisions of the scheme, or to procure the grant to him 
of such a licence, may apply to the Controller under this 
section. 
(4) AllY person who claims that he requires a licence in 
a case not covered by a licence scheme, and either: 
(aj that a licensing hody have refused or failed to grant the 
licence, or to procure the grant thereof, and that in the 
circumstances it is unreasonahle that the licence should 
110t he granted, or (b) that any charges; terms or conditions subject to which a 
licensing body propose that the licence should be granted 
are unreasonable, 
may apply to the Controller under this section. 
(5) Where an organisation (whether claiming to be re­
presentative of persons requiring licences or not) or a person 
(whether requiring a licence or not) applies to the Controller 
to be made a party to an application under the preceding 
provisions of this section, and the Controller is satisfied that 
the organisation or person has a substantial interest in the 
matter in dispute, the Controller may, if he thinks fit, make 
that organisation or person a party to the application. 
(6) On any application under subsection (3) or suh· 
section (-t) of this section the Controller shall give to the 
applicant and the licensing body in question and to every 
other party (if any) to the application an opportunity of 
presenting their cases respectively; and if the Controller is 
satisfied that the claim of the applicant is well-founded, the 
Controller shall make an order declaring that, in respect of 
the matters specified in the order, the applicant is entitled 
to a licence on such terms and conditions, and subject to the 
payment of such charges (if any) as: 
(a) in the case of an application under subsection (3) of this 
section, the Controller may determine to be applicable 
in accordance with the licence scheme, or 
(b) in the case of an application under subsection (-t) of this 
section, the Controller may -ZIeterminl' to be reasonable 
in the circumstances. 
(7) Any reference in this section to a failure to grant or 
procure the grant of a licence shall be construed as a refer­
ence to a failure to' grant it, or to procure the grant thereof, 
within a reasonahle time after being requested to do so. 
Rule.~ of procedure 
35. -(1) The Minister may make rules in relation to 
the proceedings before the Controller in the case of refer­
ences and applications made to the Controller under this Act. 
(2) Rules under this section may relate to such proceed. 
ings generally or to proceedings on a reference or application 
made to the Controller Ilnder any particular provision or 
provisions of this Act specified in the rules. 
(3) The proceedings aforesaid shall be conducted in 
accordance with the relevant rules (if any) under this section. 
Fees 
36. --(1) There shall be charged by the Controller and 
paid in respect of references and applications made to him 
under any of the provisions of this Act, and in respect of 
other matters relating thereto, such fees as may from time to 
time be prescribed by rules made by the Minister with the 
consent of the Minister for Finance. 
(2) All fees charged by the Controller under this section 
shall be collected and accounted for in such manner as shall 
be prescribed by rules made by the Minister, with the consent 
of the Minister for Finance. 
(3) The Public Offices Fees Act, 1879, shall not apply in 
respect of any fees payable under this section. IP/N/I/IRL/C/l 
Page 23 
NATIONAL LEGISLATION 
Power of the Controller to award costs 
37. -The Controller shall, in any proceedings before 
him under this Act, have power by order to award to any 
party or parties to the proceedings sHch costs thereof as he 
may consider reasonable and to direct how and by which party 
or parties they are to be paid and any such order may be 
made a rule of court. 
Appointme1lt of (Issessor.~ 
38. -(1) III any proceedings before him under this Act 
the Controller may, if he thinks fit, alld shall, on the request 
of all the parties to the proceedings, appoint an assessor who 
is specially qualified in regard to all or any of the questions 
arising in the course of the proc{'edings to aid him in his 
consideration of those questions. 
(2) There shall be paid by the COlltroIler to an assessor 
appointed by him under this section such remuneration (if 
any) as the Minister may, with the consent of the Ministt'r 
for Finance, prescribe. 
Effects of orders of the Controller 
39. -(1) Where an order made 011 a reference under 
this Part of this Act with respect to a licence scheme is for 
the time being in force, any person who, in a case covered by 
the scheme as confirmed or varied by the order, does anything 
which: 
(a) apart from this sllhsectioll would he an infrillgenH'lIt of 
copyright, but 
(b) wonld not be such an infringement if he were the holder 
of a licence granted in accordance with the scheme, as 
confirmed or varied by the order, in so far as the scheme 
relates to cases comprised in the order, 
shall, if he has complied with the requirements specified ill 
tit next following subsection, be ill the like position, in any 
proceedings for infringement of that copyright, as if he had 
at the material time been the holder of such a licence. 
(2) The said requirements are: 
(a) that, at all material times, the said person had complied 
with the terms and conditions which, in accordance with 
the licence scheme as confirmed or varied by the order, 
would he applicahle to a licence covering the case ill 
question, and 
(b) if, in accordance with the scheme as so confirmed or 
varied, any charges are payable in respect of such a 
licence, that at the material time he had paid thos(' 
charges to the licensing body operating the scheme, or, 
if at any time the amonnt payable could not be ascer­
tained, he had given an undertaking to the licensing 
body to pay the charges when ascertained. 
(3) Where the Controller has made an order under SI'C­
tion 34 of this Act declaring that a person is entitled to a 
licence in respect of any matters specified ill the order, 
then if: 
(a) that person has complied with the terms and conditiolls 
specified in the order, and 
(b) in a case where the order requires the payment of 
charges, he has paid those charges to the licensing hody IP/NIlIIRL/CI 1 
Page 24 
LE DROIT D'AUTEUR (COPYRIGHT) 
in accordance with the order, or, if the order so provides, 
has given to the licensing body an undertaking to pay 
the charges when ascertained, 
he shall be in the like position, in any proceedings for in­
fringement of copyright relating to any of those matters, as 
if he had at all material times been the holder of "a licence 
granted by the owner of the copyright in question On the 
terms and conditions specified in the order. 
(4) III the exercise of his jurisdiction in respect of licences 
relating to television broadcasts, the Controller shall have 
regard (among other matters) to any conditions imposed by 
the promoters of any entertainment or other event which is 
to be comprised in the broadcasts; and, in particular, the 
Controller shall not hold a refusal or failure to grant a licence 
to be unreasonable if it could not have been granted con~ist­
cntly with those conditions. 
(5) Nothing in the immediately preceding subsection of 
this section shall require the Controller to have regard to 
any such conditions as are mentioned in that subsection in so 
far as they purport to regulate the charges to he imposed ill 
respect of the grant of licences, or in so far as they relate to 
payments to be made to the promoters of any event in consi­
deration of the grant of facilities for broadcasting. 
(6) Where, 011 a reference to the Controller under this 
Part of this Act: 
(oa) the reference relates to licences ill respect of copyrjght 
in sound recordings or in television broadcasts, and 
(b) the Controller is satisfied that allY of the li~ences in 
question are required for the purposes of organisations 
such as are mentioned in paragaph (b) of subsection (8) 
of section 17 of this Act, 
the ContolIer may, if he think~ fit. exercise his powers under 
this Part of this Act so as to reduce in the case of those 
organisations, to such extent as he thinks fit, the charges 
which he determines generally to be reasonable in relation 
to cases of the class to which the reference relates, or, if the 
Controller thinks fit, so as to exempt those organisations 
from the payment of any such charges. 
(7) The immediately preceding subsection of this section 
shall have effect, with the necessary modifications, in relation 
to applications under this Part of this Act as it has effect ill 
relation to references thereunder. 
(8) In relation to copyright in a literary, dramatic or 
musical work, any reference in this section to proceedings for 
infringement of copyright includes a reference to proceed­
ings brought hy virtue of subsection (8) of s('ction 27 of 
this Act. 
Appeal to the High Court 
40. --(1) An appeal shall lie to the High Conrt from 
any order or decision of the Controller on any reference or 
application made to him under any provision of this Act, and 
the High Court may make such order confirming, annulling 
or varying the order or decisioIl of lh(' Controller as it 
thinks fit. 
(2) Subject to subsection (3) of this section, a decision 
of the High Court under this section shall be final alld not 
appealable. (3) By leave of the High Court, an appeal from a decision 
of the High Court under this section shall lie to the Supreme 
Court on a specified question of law. 
Reference of cases of dispute to arbitration 
41. -(1) In the case of any dispute referred to the Con­
troller under section 13, section 17 or section 48 of this Act, 
the Controller may at any time: 
(a) if the parties to the dispute consent, or 
(b) if the case requires any prolonged examination of docu­
ments or other investigation which, in the opinion of the 
Controller, could not conveniently be made before him, 
order the case to be referred to an arbitrator agreed on by 
the" parties, or, in the absence of such agreement, appointed 
by the Controller. 
(2) The award made by an arbitrator in any case referred 
to him under this section shall, if the parties to the dispute 
consent to the reference, be final and binding on the parties. 
(3) An appeal shall lie to the High Court from any award 
made by an arbitrator in pursuance of a reference under this 
section to which the parties to the dispute did not consent 
and the High Court may make such order confirming, annull­
ing or varying the award of the arbitrator as it thinks fit. 
(4) Subject to subsection (5) of this section, a decision of 
the High Court under this section shall be final and not 
appealable. 
\ 
(5) By leave of the High Court, an appeal from a decision 
of the High Court under this section shall lie to the Supreme 
Court on a specified question of law. 
Controller may consult the Attorney General 
42. -The Controller "-may, in any case of doubt or dif­
ficulty arising in COllnection with the administration of any 
of the provisions of this Act, apply to the Attorney General 
for advice in the matter. 
PART VI 
Application of Act to other Countries 
Power to extend benefit of Act to other countries 
43. -(1) The Government may by order make provision 
for applying any of the provisions of this Act specified ill 
the order for the benefit of another country, in anyone or 
more of the following ways, so as to secnre that those pro­
visions: 
(a) apply in relation to literary, dramatic, musical or artistic 
works, sound recordings, cinematographic films or edi­
tions first published in that country as they apply in 
relation to literary, dramatic, musical or artistic works, 
sOllnd recordings, cinematographic films or editions first 
published in the Sta te; 
(b) apply in relation to persons who, at a material time, arc 
citizens or subjects of that country as they apply in rela­
tion to persons who, at such a time are Irish citizens; 
(c) apply in relation to persons who, at a material time, are 
domiciled or resident in that country as they apply ill 
relation to persons who, at SHch a time, are domiciled 
or resident ill the State; (d) apply in relation to bodies 'incorporated under the laws 
of that country as they apply in relation to bodies in­
corporated under the laws of the State; 
(e) apply in relation to television broadcasts and sound 
broadcasts made from places in that country by one or 
more organisations constituted in or under the laws of 
that country as they apply in relation to television broad­
casts or sound broadcasts made from places in the State 
by Radio Eireann. 
(2) An order under this section may: 
(a) apply the provisions in question as mentioned in the pre­
ceding subsection, bllt subject to exceptions or modifica­
tions specified in the order; 
(b) direct that the provisions in question shall so apply either 
generally or in relation to such classes of works or 
other subject matters or classes of cases as may be spe­
cified in the order. 
(3) The Government shall lIot make an order under this 
section applying any of the provisions of this Act in respect 
of any country which is not a party to a ConventiQn relating 
to copyright to which the State is also a party, unless the 
Government is satisfied that, in respect of the class of works 
or other subject matter to which those provisions relate, pro­
vision has been or will be made under the laws of that country 
whereby adequate protection will be given to owners of copy­
right under this Act. 
(4) The Government may by order revoke or a~elld an 
order under this section including an order under this sub­
section. 
Copyright in publication,~ of certain international 
organisations 
44. -(1) This section applies to the following organisa­
tions, namely, the United Nations and the organs thereof, and 
the specialised agencies in relationship therewith, the Or­
ganisation of American States and any other international 
organisation specified in an ordcr made under subsection (6) 
of this section. 
(2) Where a work which is all original literary, dramatic, 
musical or artistic work or a sound recording or cinemato­
graph film is made by or under the direction or control of an 
organisation to which this section applies in such circum­
stances that: 
(a) copyright would not subsist in the work apart from this 
subsection, but 
(b) if the author or maker of the work had been an Irish 
citizen at the time when it was made, copyright would 
have subsisted in the work immediately after it was made 
and would thereupon have vested in the organisation, 
copyright shall subsist in the work as if the author or maker 
had been an Irish citizen when it was made, that copyright 
shall continue to subsist so long as the work remains unpub­
lished, and the organisation shall, subject to the provisions 
of this Act, be entitled to that copyright. 
(3) Where a work which is an original literary, dramatic, 
musical or artistic work or a sound recording or cinema to-IP/N/lIIRL/C/l 
Page 25 
NATIONAL LEGISLATION 
graph film is first published by or under the direction or 
control of an organisation to which this section applies in 
such circumstances that, apart from this subsection, copy­
right does not subsist in the work immediately after the first 
publication thereof, and either: 
(a) the work is so published in pursuance of an agreement 
with the author or maker which does not reserve to the 
author or maker the copyright (if any) in the work, or 
(b) the work was made in such circumstances that, if it had 
been first published within the State, the organisation 
would have been entitled to the copyright in the work, 
copyright shall subsist in the work (or, if copyright in the 
wor~ subsisted immediately before its first publication, shall 
continue to subsist) as if it had been first published within 
the State, that copyright shall subsist until the end of the 
period of fifty years from the end of the year in which they 
were first published and the organisation shall, subject to the 
provisions of this Act, be entitled to that copyright. 
(4) The provisions of Parts II and III of this Act with 
the exception of those relating to the subsistance, duration or 
ownership of copyright, shall apply in relation to copyright 
subsisting by virtue of this section as they apply in relation 
to copyright subsisting by virtue of the said provisions. 
(5) An organisation to which this section applies which 
otherwise has not, or at some material time otherwise had 
not, the legal capacities of a body corpo"rate shall have, and 
shall be deemed at all material times to have had, the legal 
capacities of a body corporate for the purpose of holding, 
dealing with and enforcing copyright and in connection with 
all legal proceedings relatin~ to copyright. 
(6) The Government may, if it thinks fit, by order direct 
that the provisions of subsections (2), (3), (4) and (5) of this 
section shall apply to such international organisations as mily 
be specified in the order. 
(7) The Government may by order revoke or ameud an 
order under this section iucluding an order under this suh­
section. 
Extended application of provisiolls relating to broadcasts 
45 .. -(I) The Government may by order provide that, 
subject to such exceptions and modifications (if any) as may 
be specified in the order. such provisions of this Act relating 
to television broadcasts or to sound broadcasts as may he so 
specified shall apply in relation to the operation of wireless 
telegraphy apparatus by way of the emission (as opposed to 
reception) of electro-magnetic energy: 
(a) by such persons or classes of persons, other than Radio 
Eireaun, as may be specified ill the order, and 
(b) for such purposes (whether involving broadcasting or 
not) as may be so specified, 
as they apply in relation to television broac1casts,or, a8 the 
case may he, to sound broadcasts made by Radio Eireann. 
(2) The Government may by order revoke or amend an 
order under this section iucluding an order under this ·sub­
section. IP IN I lIIRL/CI 1 
Page 26 
LE DROIT ,D'AUTEUR (COP'iXIGIlT) 
Denral of copyright to ciiizens of countries nol giving 
adequate protecti Oil to Irish wor/cs 
46. -(1) If it appears to the Government that the laws 
of a country fail to give adequate protection to Irish works 
to which this section applies, or fail to give such protection 
in the case of one or more classes of such works (whether thc 
lack of protection r~lates to the nature of the work or the 
country of its author or both), the Government may make an 
order designating that country and making such provision in 
relation thereto as is mentioned in the following provisions 
of this section. 
(2) An order under this section shall provide that, either 
generally or in such classes of cases as are specified in the 
order, copyright under this Act shall not subsist in works to 
which this section applies which were first published after a 
date specified in the order, if at the time of their first pub­
lication the authors thereof were: 
(a) citizens or subjects of the cOllntry designated by the 
order, 110t being at that time persons domiciled or resident 
in the State, or 
(b) bodies incorporated under the laws of the country desig­
nated by the order. 
(3) In making an order undcr this section the Government 
shall have regard to the nature and extent of the lack of pro­
tection for Irish works in consequence of which the order is 
made. 
(4) This section applies to the following works, that is to 
say, literary, dramatic, musical and artistic works, sound 
recordings and cinematograph films. 
(5) The Government may hy order revoke or amend all 
ordcr under this section including all order under this sub­
section. 
(6) III this section: 
" Irish work" means a work of which the author, at the time 
when the work was made, was a qualified person for the 
purposes of the relevant provision of this Act; 
.. allthor ", ill relation to a sound recording or a cinematograph 
film. means the maker of thc recording or film; 
.• the relevant provision of this Act ", in relation to literary, 
dramatic and musical works means section 8, in relation 
to artistic works means section 9, in relation to sound 
rccordings means section 17, and in relation to cinemato­
graph films means scctioll 18 of this Act. 
PART VII 
Miscellaneous and Supplementary Provisions 
Assigllmellts and licences in respect of copyright 
47. -(1) Subject to the provisiolls of this section, copy­
right shall Le transmissible by assignment, by testamentary 
disposition, or by operation of law, as personal or moveable 
property. 
(2) An assigllDlcllt of copyright Jllay bl' limited in any 
one of the following ways, or in any combination of two or 
more of those ways, that is to say: 
(a) 1;0 as to apply to one or more, but llot all, of the classes 
of acts which by virtue of this Act the owner of the copy-right has the exclusive right to do (including allY one or 
more classes of acts not separately designated in this Act 
as being restricted by the copyright, but falling with ill 
any of the classes of acts so designated), 
(b) so as to apply to anyone or more, but llot all, of the 
countries in relation to which te owner of the copyright 
has by virtue of this Act that exclusive right, 
(c) so as to apply to part, but not the whole, of the period 
for which the copyright is to subsist, 
and references in this Act to a partial assignment arc refer­
ences to an assignment so limited. 
(3) No assignment of copyright (whether total or partial) 
shall have effect unless it is in writing signed by or on behalf 
of the assignor. 
(4-) A licence granted in respect of allY copyright hy thc 
person who, in relation to the matters to which the licence 
relates, is the owner of the copyright shall be binding on 
every successor in title to his interest in the copyright, except 
a purchaser in good faith for valuable consideration and 
without notice (actual or constructive) of the licence or a 
person deriving title from such a purchaser; and references 
in this Act, in relation to any copyright, to the doing of any­
thing with, or (as the case may be) without. the licence of the 
owner of thc copyright shall be construed accordingly. 
Broadcasting of works incorporated in, a cinem-atograph film 
48. -(1) Where the owner of the copyright in any lite­
rary, dramatic, musical or artistic work authorises a person 
to incorporate the work in a cinematograph film and Radio 
Eireann broadcasts the fi.Im, such broadcast shall not, in the 
absencc of any agreement to thc contrary, infrillge such copy­
right. 
(2) Where Radio Eireanll broadcasts a cincmatograph fillll 
in which a musical work is incorporated, the owner of the 
right to broadcast the work shall he entitled to receive all 
equitable remuneration from Radio Eireann . 
Prospect;11C owners"i]) of copyright 
49. -(1) Where by an agreement made in relation to 
any future copyright, and signed by or on behalf of the pro· 
spective owner of the copyright, the prospective owner pur­
ports to assign the future copyright (wholly or partially) to 
another person (in this subsection referred to as the assignee), 
then if, Oll the coming into existcnce of the copyright, the 
assignee or a person claiming under him would, apart from 
this subsection, be entitled as against all other persons to 
require the copyright to be vested in him (wholly or partially, 
as the case may be), the copyright shall, on its coming into 
existence, vest in the assignee or his successor in title accord­
ingly by virtue of this subsection and without further assur­
ance. 
(2) Where, at the time whcn any copyright comes into 
existence, the person who, if he were then living, would be 
entitled to the copyright is dead, the copyright shall devolve 
as if it had subsisted immediately before his death and he 
had then been the owner of the copyright. (3) Subsection (4) of sectioll 47 of this Act shall apply in 
relation to a licence granted by a prospectivc owner of any 
copyright as it applies in relation to a licence granted by the 
owner of a subsisting copyright subject to the modification 
that any reference in that subsection to the owner's interest 
in the copyright shall be construed as including a reference to 
his prospective interest therein. 
(4) In this Act" future copyright" means copyright which 
will or may come into existence in respect of any future work 
or class of works or other subject-matter, or on the coming 
into operation of any provisions of this Act, or in any other 
future event, and .. prospective owner" shall be construed 
accordingly and, in relation to any such copyright, includes 
a person prospectively entitled thereto by virtue of such an 
agreement as is mentioned in subsection (1) of this section. 
Copyright to pass under will with u1lpublished work 
50. -Where under a bequest (whether specific or gen­
eral) contained in the will or a codicil to the will of a person 
who dies after the commencement of this section °a person is 
entitled, beneficially or otherwise, to the manuscript of a 
literary, dramatic or musical work, or to an artistic work, 
and the work was not published before the death of the 
testator, the bequest shall, unless a contrary intention is in­
dicated in the testator's will or a codicil thereto, be construed 
as including the copyright in the work in so far as the testator 
was the owner of the copyright immediately before his death. 
Copyright in Guvernmellt publications 
51. -(1) In the case of every original literary, dramatic, 
musical or artistic work, sound recording and cinematograph 
film made by or under the direction or control of the Govern­
ment or a Minister of State: 
(a) if apart from this section copyright would not subsist in 
the work, copyright shall subsist therein by virtue of 
this subsection, and 
(b) in any case, the GovcrllJuent shall. subject to the pro­
visions of this Part of this Act, be entitled to the copy­
right in the work. 
(2) The Government shall. subject to the provisiolls of 
this Part of this Act, be entitled to the copyright in every 
original literary, dramatic, musical or artistic work, sound 
recording or cinematograph film first published in the State 
if first puhlished by or under the direction or control of the 
Government or a Minister of State. 
(3) The copyright in any original literary, dramatic or 
musical work to which the Government is entitled by virtuc 
of this section: 
(a) where the work is unpublished, shall continue to subsist 
so long as the work remains unpublished, and 
(b) where the work is published, shall subsist (or, if copy­
right in the work subsisted immediately before its first 
publication, shall continuc to subsist) until the end of 
the period of fifty years from the end of the year in 
which the work was first published. 
(4) The copyright ill an artistic work which hclongs to the 
Government by virtue of this section: IP/N/I/IRL/C/l 
Page 27 
NATIONAL LEGISLATION 
(a) where the work is all engraving or a photograph, "hall 
continue to subsist until the end of the period of fifty 
years from the end of the year in which the work is first 
. published, and 
(b) in the case of any other artistic work, shall continue to 
subsist until the end of the period of fifty years from 
the end of the year in which the work was made. 
(5) In the case of every sound recording or cinematograph 
film made by or under thc direction or control of the Govern­
ment or a Minister of State: 
(a) if apart from this section copyright would not subsist in 
the recording or film, copyright shall subsist therein by 
virtue of this subsection, and 
(b) in any case, the Government shall, subject to the pro­
visions of this Part of this Act, be entitled to the copy­
right in the recording or film, and it shall subsist for the 
same period as if it were copyright subsisting by virtue 
of, and owned in accordance with section 17 or, as the 
case may be, section 18 of this Act. 
(6) The preceding provisions of this section shall have 
effect subject to any agreement made by or on behalf of the 
Government or any Minister of State with the author of the 
work, or the maker of the sound recording or cinematograph 
film, as the case may be, whereby it is agreed that the copy­
right in the work, recording or film shall vest in the author 
or maker, or in another person designate,d in that behalf ill 
the agreement. 
(7) In relation to copyright subsisting by virtue of this 
section: 
(a) in the case of a literary, dramatic, musical or arllstIc 
work, the provisions of Part II of this Act, with the 
exception of provisions thereof relating to subsistence, 
duration or ownership of copyright, and 
(b) in the case of a sound recording or cinematograph film, 
the provisions of Part III of this Act, with the exception 
of provisions thereof relating to the subsistence or 
ownership of copyright, 
shall apply as those provisions apply ill relation to copyright 
subsisting by virtue of Part Il or, as the case may be, Part III 
of this Act. 
Broadcasts 0/ sound recordi1lgs and cinematogra[lh films 
and diffusion 0/ broadcast programmes 
52. -(1) Where a sound broadcast or televisioll broad­
cast is made by Radio Eireann, and a person, by the reception 
of that broadcast, causes a sound recording, whether made 
before or after the commencement of this section, to be heard 
in public or to he transmitted to subscribers to a diffusion 
service, he does not thereby infringe the copyright (if any) 
in that recording. 
(2) Where a televisioll hroadcast or sOllnd broadcast is 
made by Radio Eireanll, and the broadcast is an authorised 
broadcast, any person who, by the reception of the broadcast, 
causes a cinematograph film to be seen or heard in public 
shall he in the like position, in any proceedings for the in­
fringement of the copyright (if any) in the film under sec-IP IN I lIIRL/CI 1 
Page 28 
LE DROIT V'AUTEUR (COPYRIGHT) 
lion 18 of this Act, as if he had been the holder of a licence 
!jranted by the owner of that copyright to cause the film to 
ue seen or heard in public hy the reception of the broadcast. 
(3) Where a television broadcast or sound broadcast is 
made by Radio Eireann, and the broadcast is an authorised 
broadcast, any person who, by the reception of the broadcast, 
causes a programme to be transmitted to subscribers to a 
diffusion service, being a programme comprising a literary, 
dramatic or musical work, or an adaptation of such a work, 
or an artistic work, or a cinematograph film, shall be in the 
like position, in any proceedings for infringement of the copy­
right (if any) in the work or film, as if he had been the holder 
of a licence granted by the owner of that copyright to include 
the work, adaptation or film in any programme caused to be· 
transmitted by him to subscribers to that service by the recep­
tion of the broadcast. 
(4) If, in the circumstances mentioned ill either of the 
two last preceding subsections, the person causing the cine­
matograph film to be seen or heard, or the programme to be 
transmitted, as the case may bc, infringed the copyright in 
question, by reason that the broadcast was not an authorised 
broadcast: 
(a) no proceedings shall be brought against that person uuder 
this Act in respect of his infringement of that copyright, 
but 
(b) it shall be taken into account ill assessing damages ill 
any proceedings against Radio Eireann in respect of that 
copyright, in so far as that copyright was infringed by 
Radio Eireann in making the broadcast. 
(5) For the purposes of this section, a broadcast shall be 
taken, in relation to a work or cinematograph film. to be an 
authoriscd broadcast if, but only if, it is made by, or with 
the licence of, the owner of the copyright in the work or film. 
Use of copyright nratcrial for education 
53. -(1) Where copyright subsists in a literary. dramatic, 
mnsical or artistic work, the copyright shall not be taken to 
be infringed by reason only that the work is reproduced, or 
an adaptation of the work is made or reproduced: 
(a) in the course of instrnction, whether at a school or else­
where, where the reproduction or adaptation is made by 
a tcachcr or pupil otherwise than by the use of a duplicat­
ing process, or 
(b) as part of the questions to be answered ill an cxamina­
tion. or in an answer to such a question. 
(2) Nothing ill the preceding subsection of this section 
shall apply to the publication of a work; and, for the pur­
poses of section 11 of this Act, the fact that to a person's 
knowledge the making of an article would have constituted 
an infringement of copyright but for the preceding subsection 
of this section shall have the like effect as if, to his know­
lcdge, the making of it had constituted sllch all infringement. 
(3) For the avoidance of doubt it is hereby declared that, 
where a literary, dramatic or musical work: 
(a) is perfomcd in class, or otherwise in the presence of an 
audience, and (b) is so performed in the course of the activities of a school 
by a person who is a teacher in, or a pupil in attendanc~ 
at, the school, 
the performance shall not be taken for the purposes of this 
Act to be a performance in public if the audience is limited 
to persons who are teachers in, or pupils in attendance at, the 
school, or are otherwise directly connected with the activities 
of the school. 
(4) For the purposes of the last preceding subsection of 
this section a person shall not be taken to be directly connect­
ed with the activities of a school by reason only that he is a 
parent or guardian of a pupil in attendance at the school. 
(5) Subsections (3) and (4) of this section shall apply in 
relation to sound recordings, cinematograph films and tele­
vision broadcasts as they apply in relation to literary, dramatic 
and musical works, subject to the modification that any refer­
ence to performance shall be construed as a reference to the 
act of causing the sounds or visual images in question to be 
heard or seen. 
(6) Nothing in this section shall be construed: 
(a) as extending the operation of any provision of this Act 
as to the acts restricted by copyright of any description, 
or 
(b) as derogating from the operation of any exemption con. 
ferred by any provision of this Act other than this section. 
(7) In this section" duplicating process" means any pro­
cess involving the use of an appliance for producing multiple 
copies. 
(8) Thc Minister may, after consultation with the Minister 
for Education, make an order under this section designating 
any educational establishment or any type or description of 
educational establishment spccified in the order to be a school 
for the purposes of this section. 
(9) The Minister may at any time, after such consultation 
as aforesaid, rcvoke or amend an order under this section. 
F-aLse attribution of authorship 
54. --(1) Thc restrictions imposed by this scctioll shall 
have effect in relation to literary, dramatic, musical or artistic 
works; and any reference in this section to a work shall be 
construed as a reference to such a work. 
(2) A person (in this subsection referred to as the offen­
der) contravenes those restictions as respects another person 
if, without the licence of that other person, he does anv of 
the following acts in the State, that is to say, he: . 
(a) inserts or affixes that other person's name in or on a 
work of which that person is not the author, or in or on 
a reproduction of such a work, in such a way as to imply 
that the other person is the author of the work, or 
(b) publishes, or sells or lcts for hire, or hy way of trade 
offers or exposes for sale or hire, or by way of trade 
exhibits in public, a work in or on which the other 
person's name has been so inserted or affixed, if to the 
offcnder's knowledge that person is 1I0t the author of 
the work, or 
(c) does any of the acts mentioned in the last preceding 
paragraph of this subsection in relation to, or distributes, reproductions of a work, being reproductions in or on 
which the other person's name has been so inserted or 
affixed, if to the offender's knowledge that person is 
not the author of the work, or 
(d) performs in public, or broadcasts, a work of which the 
other person is not the author, as being a work of which 
he is the author, if to the offender's knowledge that 
person is not the author of the work. 
(3) The last preceding subsection of this section l:ihall 
'pply where, contrary to the fact, a work is represented as 
'leing an adaptation of the work of another person as it 
IPplies where a work is so represented as being the work of 
.mother person. 
(4) In the case of an artistic work which has been altered 
,fter the author parted with the possession of it, the said 
·estrictions are contravened, in delation to the author, by a 
lerson who in the State, without the licence of the author: 
(a) publishes, sells or lets for hire, or by way of trade offers 
or exposes for sale or hire the work as so altered, as 
being the unaltered work of the author, or . 
rb) publishes, sells or lets for hire, or by way of trade offers 
or exposes for sale or hire a reproduction of the work 
as so altered, as being a reproduction of the unaltered 
work of the author, 
to his knowledge it is not the unaltered work, or as the 
'ase may bc, a reproduction of the unaltered work, of the 
luthor. 
(5) Subsections (2), (3) and (4) of this section shall apply 
.vith respect to anything done in relation to another pcrson 
Iher that person's death as if any reference to that person's 
icence were a reference to a licence given by him or by his 
Icrsonal representatives, so, however, that nothing in thooe 
ubsections shall apply to anything done in relation to a 
lerson more than twenty years after that person's death. 
(6) In the case of an artistic work in which copyright 
ubsists, the said restrictions are also contravened, in relation 
o the author of th~ work, by a person who in the State: 
'(I) publishes, or sells or lets for hire, or by way of trade' 
offers or exposes for sale or hire, or by way of trade 
exhibits ill public, a reproduction of the work, as being 
a reproduction made by the author of the work, or 
. b) distributes reproductions of the work as being reproduc­
tions made by the author of the work, 
f (in any such case) the reproduction or reproductions was 
'r were to his knowledge not made by the author. 
(7) The preceding provisions of this section shall apply 
with the necessary modifications) with respect to things done, 
11 relation to two or more persons in connection with the 
ame work. 
(8) The restrictions imposed by this section shall not be 
nforceable hy any criminal proceedings; but any contraven­
ion of those restrictions, in relation to a person, shall be 
,ctionahle at his suit, or, if he is dead, at the suit of his per­
onal representatives, as a breach of statutory duty. 
(9) Any damages recovered under this section by personal 
cpresentatives, in respect of a contravention committed in IP/N/l IIRL/CI 1 
Page 29 
NATIONAL LEGISLATION 
relation to a person after his death, shall devolve as part of 
his estate, as if the right of action had suhsisted and had been 
vested in him immediately before his death. 
(10) Nothing in this section shall derogate from any right 
of action or other remedy (whether civil or criminal) in pro­
ceedings instituted otherwise than by virtue of this section; 
so, however, that this subsection shall not be construed as 
requiring any damages recovered hy virtue of this section to 
he disregarded in assessing damages in any proceedings insti­
tuted otherwise than by virtue of this section and arising out 
of the same transaction. 
(1~) In this section" name" includes initials or a mono­
gram. 
Register to be hept by proprietors of theatres, etc. 
55. -(1) It shall be the duty of the proprietor of every 
theatre, hall, room or other place, in which dramatic works 
are performed to keep or cause to be kept in such theatre, 
hall, room, or place a register, in the form prescribed by the 
Minister by rules, of all dramatic works performed in such 
theatre, hall, room, or place in the presence of persons who 
have paid for admission to the performance, and within twelve 
hours after each performance to enter or cause to be entered 
in such register such particulars of the work and of the person 
presenting it as shall be prescribed by rules made by the 
Minister. 
(2) Every register kept in pursuance o't. this section may 
be inspected at all reasonable times by any person who is the 
author of or owner of the copyright in any published work 
and copies of the register or of any part thereof may be made 
by the person. 
(3) The Minister may make rules prescrihing all or ally of 
the following matters, that is to say: 
(a) the form of the register to he kept in pnrsuance of this 
section, 
(b) the particulars to be entered in the register in respect of 
dramatic works, and of the person presenting them, 
(c) defining the person who is to be deemed, in respect of 
any particular dramatic work, to be presenting it. 
(4) If any person who is required by this section to keep, 
or cause to he kept, a register: 
( a) fails to keep the register or to cause it to he kept, or 
(b) fails to make or cause to be made in the register within 
the time prescribed by this section any entry required 
by or under this section to be made therein, or 
(c) fails to produce the register for the inspection of any 
person entitled under this section to inspect it or obstructs 
or impedes any such person in making such inspection, or 
(d) wilfully or negligently makes or causes or permits to he 
made in the register any entry which is false or mis­
leading in any material particular, 
he shall be guilty of an offence and shall he liable on summary 
conviction to a fine not exceeding ten pounds. 
Delivery of books to certain libraries 
56. -(1) The publisher of any book first published in 
the State after the commencement of this section shall, within IP IN I lIIRL/CI 1 
Page 30 
LE DROIT D'AUTEUR (COPYRIGHT) 
one month after the publication, deliver, at his own expense, 
a copy of the book to the trustees of the National Library of 
Ireland, a copy of the book to the authority having control of 
the Library of Trinity College, Dublin, four copies of the book 
for or in accordance with the directions of the authority hav­
ing control of the National University of Ireland for the use 
of the respective libraries of the three constituent Colleges of 
that University and of the library of St. Patrick's College, 
Maynooth, a recognised College of that University, and a copy 
of the book to the trustees of the British Museum, and such 
trustees and authorities respectively shall give a written re­
ceipt for every book so delivered to them. 
Provided that the Minister may, on the application of the 
trustees of the National Library of Ireland, or of the authority 
having control of the Library of Trinity College, Dublin, or of 
any of the respective authorities having control of the three 
constituent Colleges of the National University of Ireland or 
St. Patrick's College; Maynooth, or of the trustees of the 
British Museum, make regulations excepting from the pro­
visions of this subsection in regard to the trustees or. authority 
making the application, publications wholly or mainly in thc 
nature of trade advertisements, or such classes of sHch pub­
lications as may be specified in the regulations, and thereupon 
it shall not be necessary for the publisher of any publication 
so excepted to deliver the publication to such trustees or 
authority or for such trustees or authority to give a receipt 
therefor, unless as respects any particular publication a 
written demand for the delivery thereof is made hy such 
trustees or authority. 
(2) The publisher of any book first published in the State 
after the commencement of this section shall also, if written 
demand is made before the expiration of twelve months after 
publication, deliver within one month after receipt of that 
written demand or, if the demand was made before publica­
tion, within one month after publication, to somc address in 
Dublin named in the demand a copy of that book for, or in 
accordancc with the directions of, the authority having the 
control of each of the following libraries, namely: the Bodleian 
Library, Oxford, the University Library, Cambridge, the Na­
tional Library of Scotland, and the National Library of Wales. 
In the case of an encyclopaedia. newspaper, review, magazine 
or work published in a series of numbers or parts, the written 
demand may include all numbers or parts of the work which 
may be subsequently published. 
(3) A copy of a book delivered to the trustees of the 
National Library of Ireland or the trustees of the British 
M~lseum in pursuance of the provisiolls of this section shall 
be a copy of the whole book with all maps and illustrations 
Lelonging thereto, finished and coloured in the same manner 
as the best copies of the book are published, and shall be 
Lound, sewed or stitched togethcr, and be printed on the best 
paper on which the book is printed. 
(4) A copy of a book delivered to any of the other 
authorities mentioned in this section in pursuance of the 
provisions of this section shall be printed on the paper on 
which the largest number of copies of the book is printed for 
sale, and shall be in the like condition as the books prepared 
for sale. (5) If a publisher fails to comply with this section, he 
shall be liable on summary conviction to a fine not exceeding 
twenty pounds and the value of the book, and the fine shall 
be paid to the trustees or authority to whom the book ought 
to have been delivered. 
(6) For the purposes of this section, "book" includcs 
every part or division of a book, pamphlet, sheet of letter­
press, sheet of music, map, plan, chart or table separately 
published, but shall not include any second or subsequent 
edition of a book unless such edition contains additions or 
alterations either in the letterpress or in the maps, prints, or 
other engravings belonging thereto. 
Copyright in Irish legal lender notes, consolidated banlr notes 
and ill Irish coins 
57. -(1) Notwithstanding anything contained in Part II 
of this Act, the copyright in legal tender notes issued whether 
before or after the commencement of this section by the 
Central Bank of Ireland (in this section referred to as the 
Bank) or issued before such commencement by the Currency 
Commission shall he perpetual and shall belong to the Bank. 
(2) Notwithstanding anything contained in Part II of this 
Act, the copyright in consolidated bank notes issued before 
the commercement of this section hy the Bank or by the 
Currency Commission shall he }H'rpetual and shall helong to 
the Bank_ \ 
(3) Notwithstanding anything contained in Part 11 of this 
Act, the copyright in all coins to which this section applies 
and the copyright in the artistic work defining the design of 
any such coin shall be perpetual and shall belong to the 
Minister for Finance. 
(4) (a) III the application of suhsection (1) of section 3 
of this Act to any such legal tender Hote or consolidated bank 
note or any coin to which this section applies references in 
the suhsection to a substantial part of a work or other subject­
matter shall be construed as refert'Hees to any part of a work 
or other subject-matter. 
(b) Sections 12 and 14 of this Act shall 1I0t apply in rc­
lation to the copyrights referred to in this section. 
(5) Coins to which this section applies and the artistic 
work defining the design of any sHch coin shall, for the pur­
poses of sectioll 172 of the Act of 1927, IH' deemed 110t to 
he designs. 
(6) This section applies to coins issH('d ulldc'r the Coinage 
Act, 1926, or under that Act as amt'lIded, gold coillS issued 
under the Currency Act. 1927_ and coills issued under the 
Coinage Act, 1950. 
Disposal of books of Ki1lg's 11llls Library, Dublin 
58. -Notwithstanding anything contained in the King's 
Inns Library Act, 1945, or the enactments referred to therein 
or the Copyright Act, I80!' or the Copyright Act, 1836, the 
Benchers of the Honourable Society of King's Inns may sell 
or exchange any of the books of the King's Inns Library, 
Dublin, whether acquired before or after the commencement 
of this section. Amendment of section 70 0/ Act 0/ 1927 
59. -Section 70 of the Act of 1927 is hereby amended by: 
(a) the substitution in subsection (2) of " before the cxpira­
tion of a period of five years and six months from the 
date of such registration" for "within the prescribed 
time before the expiration of the said five years ", and 
(b) the substitution in subsection (3) of " before the expira­
tion of a period of ten years and six months from the 
date of such registration" for "within the prescribed 
time before the expiration of sHch second period of five 
years 
Savings 
60. -(1) Nothing ill 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 allY other 
person under any enactment, except in so far as that enact­
ment is expressly repealed, amended or modified by this Act. 
(2) Nothing in this Act shall affect the rig~t of the 
Government or of any person deriving title from the Govern­
ment to sell, use or otherwise deal with articles forfeited 
under the laws relating to Cllstoms or excise, including any 
article so forfeited by virtlle 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 the preceding provisions of this section, no 
copyright or right in the nature of copyright, shall subsist 
otherwise than by virtue of this Act or of some other enact­
ment in that behalf. 
FIRST SCHEDULE 
Transitional Provisions 
Part I 
Provisions relatiflg to Parts I and Il of Act 
1. -For the purposes of the application of subsection (3) 
of section 3 of this Act to an act done before the commence­
ment of a provision of this Act to which that subscctioJl 
applies, references to copyright include references to copy­
right under the Act of 1911 and the Act of 1927, and, in 
relation to copyright llnder those Acts, references to the 
licence of the owner are references to the consent or acquies­
cence of the owner. 
2. -In the application of sections 8 and 9 of this Act to 
works first published before the commCllcemellt of those sec­
tions, subsection (2) of section 8, and subsection (3) of sec­
tion 9 shall apply as if paragraphs (b) and (c) of subsection (2) 
of section 8 and of subsection (3) of section 9 were omitted. 
3. -In relation to any photograph taken before the com­
mencement of section 9 of this Act, subsection (7) of that 
section shall not apply, but, subject to suhsection (3) of that 
section, copyright subsisting in the photograph by virtue of 
that section shall continue to subsist nntil the end of the 
period of fifty years from the end of the year in which the 
photograph was taken. IP IN I 1/IRL/CI 1 
Page 31 
NATIONAL LEGISLATION 
4. -(1) Subsections (2) to (4) of scctioJl 10 of this Act 
shall not apply: 
(a) to any work maue as mcntioned in subsection (2) or suL­
section (4) of that section, if the work was so made be­
fore the commencement of that section, or 
(b) to any work made as mentioned in subsection (3) of that 
section, if the work was or is so made in pursuance of a 
contract made before the commencement of that section. 
(2) In rel.ation to any work to which the precedingsllh­
paragraph of this paragraph applies, subsection (1) of the 
said section 10 shall have effect subject to the foIlowillg pro­
viso, _ namely, that: 
(a) where, in the case of an engraving, photograph, or por­
trait, the plate or other original was ordered by some 
other person and was made for valuable consideration in 
pursuance of that order, then, in the absence of any 
agreement to the contrary, the person by whom such 
plate or other original was ordered shall be thc first 
owner of the copyright; and 
(b) where an author was in the employment of some other 
person under a contract of service or apprenticeship and 
the work was made in the course of his employmcnt by 
that person, the person hy whom the author was employed 
shall, in the absence of any agreement to thc contrary, 
be the first owner of the copyright, but where the work 
is an article or other contribution to a ncwspaper, maga­
zine, or similar periodical, there shall., in the absence of 
any agreement to the contrary, he deemed to be reserved 
to the author a right to restrain the publication of the 
work, otherwise than as part of a newspaper, magazine, 
or similar periodical. 
.~~. 
5. -For the purposes of seetioll 11 of this Act, the fact 
that, to a person's knowledge, the making of an article 
constituted an infringement of copyright under thc Act of 
1927, or would have constituted such an infringement if the 
article had been made in the place illto which it is imported, 
shall have the like effect as if, to that person's knowledge, 
the making of the article had constituted an infringemellt of 
copyright tinder this Act. 
6. -Subsection (7) of section 12 of this Act does not 
apply to assignments made or licellces granted before the 
('Olllmcncement of that scction. 
7. -References in section 13 of this Act to reconls prt'­
viously made by, or with the licence of, the oWllcr of the copy­
right in a work, include references to records previollsly made 
by, or with the consent of, the owner of the copyright in that 
work under the Act of 1927. 
8. -(1) In relation to a paintillg, drawillg. cllgravillg, 
photograph or cinematograph film made before the commeJl-. 
cement of section 14 of this Act, subsection (5) of that scctioll 
shall apply, if by virtue of subsection (3) of that section, the 
making of the painting, drawing, engraving, photograph or 
film would not have constituted an infringement of copyright 
under this Act if this Act had been in operatioll at the time 
when it was made. IP IN 11 IIRL/CI 1 
Page 32 
LE DROIT, V'AUTEU R (CUPY RIGHT) 
(2) In subsection (10) of section 14 of this Act, the refer­
ence to construction by, or with the licence of, the owner of 
the copyright in any architectural drawings or plans includes 
a reference to construction by, or with the licence of, the 
person who, at the time of the construction, was the owner 
of the copyright in the drawings or plans under the Act of 
1927 or under any enactment repealed by that Act. 
Part II 
Pruvisions relating to Purt III of Act 
9. --The repeal by this Act of Parts VI and VII of the 
Act of 1927 shall not affect the operation of subsections (1) 
and (8) of section 169 (which relates to copyright in mechan­
ical musical instruments) of that Act as respects contriv­
ances referred to in that section made before the commence­
ment of section 17 of this Act. 
10. -Subsection (6) of section 17 of this Act shall not 
apply to a sound recording made before the commencement 
of that section and subsection (11) of the said section 17 shall 
not apply to assignments made or licences granted before the 
commencement of that section. 
n. -Section 18 of this Act shall lIot apply to cinemato­
graph films made before the commencement of that section. 
12. -The provisions of this Act, other than this para­
graph, shall have effect in relation to a cinematograph film 
made before the commencement of r.ection 18 of this Act as 
if it had been a dramatic work within the meaning of the Act 
of 1927; and the person who was the author of the work for 
the purposes of the Act of 1927 shall be taken to be the 
author thereof for the purposes of the said provisions as 
applied by this paragraph. 
13. -The provisions of this Act shall have effect in rela­
tion to photographs forming part of a cinematograph film 
made before the commencement of section 18 of this Act as 
those provisions have effect in relation to photographs not 
forming part of a cinematograph film. 
14. -Copyright shall not subsist by virtue of section 19 
of this Act in any television broadcast or sound broadcast 
made before the commencement of that section. 
15. -For the purposes of subsection (4) of section 19 
of this Act, a previous television broadcast or sound broad­
cast shall be disregarded if it was made before the commence­
ment of that section. 
16. --For the purposes of subsections (5) to (7) of sec­
tion 21 of this Act, the fact that, to a person's knowledge, the 
making of an article constituted an infringement of copy­
right under the Act of 1927, or would have constituted such 
an infringement if the article had been made in the place into 
which it is imported, shall have the like effect as if, to that 
person's knowledge, the making of the article had constituted 
an infringement of copyright uuder this Act. Part III 
ProvisiuTls relating to Part IV of Act 
17. -Nothing in section 22 of this Act shall apply to 
any infringement of copyright under the Act of 1927, or shall 
affect any proceedings under that Act, whether begun before 
or after the commencement of that section. 
18. -Section 24 of this Act shall not apply with respect 
to any article made, or, as the case may be, imported, before 
the commencement of that section; but" notwithstanding the 
repeal by this Act of section 160 of the Act of 1927 {which 
contains provisions corresponding to suhsections [1] and [2] 
of the said section 24}, proceedings may (subject to the pro­
~isions of that Act) be brought or continued by virtue of the 
said section 160 in respect of any article made or imported 
before the repeal, although the proceedings relate to the 
conversion or detention thereof after the repeal took effect. 
19. -Section 25 of this Act shall not apply to any licence 
granted before the commencement of that section, and shall 
not affect any proceedings under the Act of 1927, whether 
begun hefore or after the commencement of that section. 
20. -For the purposes of section 27 of this Act the 
definition of " infringing copy" in section 24 of this Act shall 
apply as if any reference to copyright in that definition in­
cluded a reference to copyright under the Act of 1927. 
\ 
21. -Where before the commen~ement of section 28 of 
this Act a notice had been given under section 165 of the Act 
of 1927 {which contains provisions corresponding to the said 
section 28} and that notice had not been withdrawn and had 
not otherwise ceased to have effect before the commencement 
of the said section 28, the notice shall have effect after the 
commencement of that section as if it had been duly given 
thereunder; but a notice shall not continue to have effect by 
virtue of this paragraph after the end of the period of six 
months beginning with the commencement of the said sec· 
tion 28. 
Part IV 
Provisiolls relating to Part V of Act 
22. -The provisions of Part V of this Act shall apply 
in relation to licence schemes made before the commence­
ment of that Part as they apply in relation to licence schemes 
made thereafter, subject to the modification that references 
ill the said Part V to copyright shall be deemed to include 
references to copyright under the Act of 1927. 
23. --In section 34 of this Act, references to a refusal 
or failure to grant or procure the grant of a licence, or to a 
proposal that a licence should be granted, do not include a 
refusal or failure, or a proposal made, before the commence­
ment of that section. 
Part V 
Provisio1l relating to Part VI of Act 
24. -Copyright shall not subsist by virtue only of sec­
tiOll 44 of this Act ill any sound recording published before 
the commencement of that section. Part VI 
Provisions relating to Part VII of Act 
25. -(1) Where by virtue of any provision of this Act 
copyright subsists in a work, any document or event which: 
(a) was made or occurred before the commencement of that 
provision, and 
(b) had any operation affecting the title to copyright in the 
work subsisting by virtue of the Copyright Act, 1911, and 
the Copyright (Preservation) Act, 1929, or the Act of 
1927, or would have had such an operation if Parts VI 
and VII of the Act of 1927 had continued in force, 
shall have the corresponding operation in relation to the 
copyright in the work under this Act. 
So, however, that, if the operation of any such document 
was or would have been limited to a period specified in the 
document, it shall not have any operation in relation to the 
copyright under this Act, except in so far as that period 
extends beyond the commencement of the provision of this 
Act by virtue of which copyright subsists in the work. 
(2) For the purposes of the operation of a document in 
accordance with the preceding subparagraph of this paragraph: 
(a) expressions used in the document shall be construed in 
accordance with their effect immediately before the com­
mencement of the provision in question, notwithstanding 
that a different meaning is assigned to them for the 
purposes of this Act; and 
(b) subsection (1) of section 49 of this Act shall not apply. 
(3) Without prejudice to the generality of subparagraph (1) 
of this paragraph, the proviso to subsection (2) of section 158 
of the Act of 1927 shall apply to assignments and licences 
having effect in relation to copyright under this Act in accord­
ance with that subparagraph, as if that proviso had been re­
enacted in this Act. 
(4) In relation to copyright under this Act in a sound 
recording or in a cinematograph film, the preceding provisiolls 
of this paragraph shall apply subject to the following modi­
fications, that is to say: 
(a) in the case of a sound recording, references to the copy­
right under the Act of 1911 or the Act of 1927 shall 
be construcd as references to the copy~ight under the 
Act of 1911 or the Act of 1927, as the case may be, in 
records embodying the recording, and 
(b) in the case of a cinematograph film, references to the 
copyright under the Act of 1911 or the Act of 1927 shall 
be construed as references to any copyright under the 
Act of 1911 or the Act of 1927, as the case may be, in 
the film, in so far as it constituted a dramatic work for 
the purposes of the Act of 1911 or the Act of 1927, as 
the case may be, or in photographs forming part of the 
film. 
(5) In this paragraph" operation affecting the title ", in 
relation to copyright under the Act of 1911 or the Act of 
1927, means any operation affecting the ownership of that 
copyright, or creating, transferring or terminating an interest, 
right or licence in respect of that copyright. IP/NI l/IRL/CI 1 
Page 33 
NATIONAL LEGISLATION 
26. -(1) Section 50 of this Act shall not apply to a be­
quest contained in the will, or a codicil to the will, of a 
testator who died before the commencement of that section. 
(2) In the case of an author who died before the com­
mencement of the said section 50, subsection (2) of section 167 
of the Act of 1927 shall have effect as if it had been re­
enacted in this Act. 
27. -Subsection (4) of section 51 of this Act shall apply 
in relation to photographs taken before the commencement of 
that section as if paragraph (a) and the words" in the case 
of any' other artistic work" in paragraph (b) of that sub­
section were omitted. 
'28. -Notwithstanding the repeal of section 168 of the 
Act of 1927, the copyright belonging to the Government, 
immediately before the commencement of this paragraph, in 
any work by virtue of the said section 168 shall continue for 
the unexpired portion of the period of fifty years mentioned 
therein. 
29. -(1) Paragaphs (b) and (c) of subsection (2) of sec­
tion 54 of this Act shall apply to any such act as is therein 
mentioned, if done after the commencement of that section, 
notwithstanding that the name in question was inserted or 
fixed before the commencement of that section. 
(2) Subject to the preceding subparagraph of this para­
graph, no act done before the comml\ncement of the said 
section 54 shall be actionable by virtue·.,f that section. 
(3) In this paragraph "name" has the same meaning as 
in the said section 54. 
Part VII 
:.. .. 
Works made be/ore 1" July, 1912 
30. -(1) This Part of this Schedule applies to works 
made before the 1'1 day of July, 1912. 
(2) In this Part of this Schedule" right conferred by the 
Act of 1911 ", in relation to a work, mealls such a substituted 
right as, by virtue of section 24 of the Act of 1911, was con­
ferred in place of a right subsisting immediately bcfore the, 
commencement of that Act. 
31. -Notwithstanding anything in Part I of this Sche­
dule. neither subsection (1) or subsection (2) of section 8 of 
this Act, nor subsection (2) or subsection (3) of section 9 of 
this Act, shall apply to a work to which this Part of this 
Schedule applies, unless a right conf('rrcd by the Act of 1911 
subsisted in the work immediately before the commencement 
of dIP said section 8 or section 9, as the case may be. 
32. -(1) Where, ill the case of a dramatic or mmical 
work to which thi'!; Part of this Schedule applies, the right 
conferred by the Act of 1911 did not include the sole right 
to perform the work in public, then, in so far as copyright 
subsists in the work hy virtue of this Act, the acts restricted 
by the copyright shall be treated as not including those spe­
cified in subparagraph (3) of this paragraph. 
(2) Where, in the case of a dramatic or musical work to 
which this Part of this Schedule applies, the right conferred by IP IN I lIIRL/C/l 
Page 34 
LE DROIT D'AUTEUR (COPYRIGHT) 
the Act of 1911 consisted only of the sole right to perform 
the work in public, then, in so far as copyright subsists in the 
work by virtue of this Act, the acts restricted by the copy­
right shall be treated as consisting only of those specified in 
subparagraph (3) of this paragraph. 
(3) The said acts are: 
(a) performing the work or an adaptation thereof ill public; 
(b) broadcasting the work or adaptation thereof; 
(c) causing the work or an adaptation thereof to be trans­
mitted to subscribers to a diffusion service. 
33. -Where a work to which this Part of this Schedule 
applies consists of an essay, article or portion forming part 
of and first published in a. review, magazine or other perio­
dical or work of a like nature, and immediately before the 
commencement of section 8 of this Act, a right of publishing 
the work in a separate form subsisted by virtue of the note 
appended to the First Schedule to the Act of 1911, that note 
shall have effect in relation to that work, as if it had been 
re-enacted in this Act with the suhstitution, for the word 
" right" where it first occurs, of the word" copyr.ight ". 
34. -(1) Without prejudice to the generality of sub­
paragraph (1) of paragraph 25 of this Schedule, the provisions 
of this paragraph shall have effect where: 
(a) the author of a work to which this Part of this Schedule 
applies had, before the commencement of the Act of 
1911, made such an assignment or grant as is menl.ioned 
ill paragraph (a) of the proviso to subsection. (1) of 
section 24 of that Act (which relates to transactions 
whereby the author had assigned, or granted an interest 
in, the copyright or performing right in a work for the 
fllll term of that right IInder the law in force before 
the Act of 1911), and 
(b) l'opyright slIbsists in the work hy virtll!' of any provision 
of this Act. 
(2) If, before the commencement of that provision of this 
Act, allY event occurred, or notice was givell, which in accord­
ance with paragraph (a) of the said proviso had any operation 
affecting the ownership of the right conferred by the Act of 
1911 in relation to the work, or creating, transferring or 
tf'rminating an interest, right or licence in respect of that 
right, that event or llotice shall have the corresponding opera­
tioll ill relation to the copyright in the work under this Act. 
(3) Any right which, at a time aftf'r the commencement 
of that provision of this Act, wOllld, hy virtue of paragraph (a) 
of the said proviso, have been exercisahle in relation to the 
work. or to the right confered by the Act of 1911, if this Act 
had 1I0t heen passed, shall be exercisable in relation to the 
work or to the copyright therein 1II)(]er this Act, as the case 
may be. 
(4) If, in accordance with paragraph (a) of the said pro­
viso, the right conferred by the Act of 1911 would have re­
verted to the author or his personal representatives on the 
date referred to in that paragraph, and the said date falls 
after the commencement of the provision of this Act whereby 
copyright subsists ill the work, then on that date: (a) the copyright in the work under this Act shall revert to 
the author or his personal representatives, as the case 
may be, and 
(b) any interest of any person in that copyright which sub,­
sists on that date by virtue of any document made before 
the commencement of the Act of 1911 shall therenpon 
determine. 
Part VIII 
General and Supplementary Provisions 
35. -(1) The provisions of this paragraph shall have 
effect for the construction of any reference in any provision 
of this Act to qualified persons. 
(2) Where, at any time after the commencement of any 
provisions of this Act, a provision which contains sllch a 
reference has not been applied in the case of a country under 
section 43 of this Act, then, with respect to any time before 
the provison is so applied, the reference shall be constrned 
as if the provision did apply to that country. 
(3) References in any order under section 175 of the Act 
of 1927 to works first published in the State shall, in relation 
to published works the authors of which were at the time of 
first publication subjects or citizens of a country to which the 
order relates be construed as references to works of which 
the authors were qualified persons at the time of -such puh­
lication. 
(4) In relation to photographs taken 'before the commell­
cemellt of section 9 of this Act, and t~ sound recordings 
made before the commencement of section 17 of this Act the 
definition of "qualified person" ill subsection (5) of sec­
tion 7 of this Act shall apply as if, in paragraph (b) of that 
subsection, for the words" body incorporated under the laws 
of the State ", there were suhstitued the words "body cor­
porate whieh has estahlished a place of husilless in thc State ". 
36. -(1) The provisiolls of the two lIext following sllh· 
paragraphs shall apply where: 
(a) immedfately before the date on which Parts VI and VII 
of the Act of 1927 are repealed hy this Act, provisions 
of the said Part VI have effect as applied by an order 
made in respect of a country under section 175 of the 
Act of 1927 as amended by section 11 of the Industrial 
and Commercial Property (Protection) (Amendment) 
Act, 1957; and 
(b) 110 order under sectioll 43 of this Act applying allY pro­
visions of this Act in the case of that country, is made 
so as to come into force on or before that date. 
(2) The provisions of Part VI of the Act of 1927 as applied 
to any country by an order under the said section 175 (as so 
amended as aforesaid) shall continue to have effect, 1I0twith­
standing the repeal of the said Part VI, until the occurrence 
of whichever of the following events first occnrs, that is to say: 
(a) the revocation of the order made under section 175 (as 
amended) of the Act of 1927; 
(b) the coming into operation of an order under section 43 
of this Act applying any of the provisions of this Act ill 
the case of the foreign country in qut'stion. (3) For the purposes of continuing, varying or terminat­
ing the operation of any of the provisions of Part VI of the 
Act of 1927 in accordance with the last preceding subpara­
graph, and for the purposes of any proceedings arising out of 
the operation of those provisions in accordance with that 
subparagraph, all the provisions of Parts VI and VII of the 
Act of 1927 (including the power to make orders under 
section 175 [as amended] of that Act) shall be treated as 
continuing in force as jf none of those provisions had been 
repealed by this Act. 
37. -Without prejudice to the operation of any of the 
preceding provisions of this Schedule: 
(a) any enactment or other document referring to an enact­
ment repealed by this Act shall be construed as referring 
(or as including a reference) to the corresponding enact­
ment of this Act; 
(b) any enactment or other document referring to copyright, 
or tQ works in which copyright subsists, if apart from 
this Act it would be construed as a reference to copy­
right under the Act of 1927, or to works in which copy­
right subsists under that Act, shall be construed as refer­
ring (or including a reference) to copyright under this 
Act, or, as the case may be, to works or any other subject­
matter in which copyright subsists under this Act; 
(c) any reference in an enactment or other document to the 
grant of an interest in copyright by licence shall be 
construed, in relation to copyright under this Act, as 
a reference to the grant of a licence in respect of that 
copyright. 
38. -(1) Except in so far as it is otherwise expressly 
provided in this Schedule, the provisions of this Act apply IP IN I l/IRL/CI 1 
Page 35 
INTERNATIONAL ACTIVITIES 
in relation to things existing at the commencement of those 
provisions as they apply in relation to things coming into 
existence thereafter. 
(2) For the purposes of any references in this Schedule 
to works, sound recordings or cinematograph films made be­
fore the commencement of a provision of this Act, a work, 
recording or film, the making of which extended over a period, 
shall not be taken to have been so made unless the making of 
it was completed before the commencement of that provision. 
39. -In this Schedule: 
" photograph" includes photolithograph and any work pro­
duced by any process analogous to pho~ography, and has 
not the meaning assigned to it by section 2 of this Act; 
" the Act of 1911 " means the Copyright Act, 1911. 
Enactments repealed 
Number and Year I Short Title 
No. 16 of 1927 The Industrial and Commercial 
Property (Protection) Act, 1927 
No. 13 of 1929 The Industrial and Commercial 
Property (Protection) (Amend­
ment) Act, 1929 
No. 22 of 1942 The Central Bank Act, 1942 Extent of Repeal 
Parts VI (other than 
section 172) and 
VII, in 80 far as not 
already repealed 
Sections 10, 11 and 
12 
Section 17 
No. 32 of 1950 The Coinage. Act, 1950 • Section 18 
No. 13 of 1957 The Industrial and Commercial Sections 8, 9, 10, 11, 
Property (Protection) (Amend- 12 and 13 
No. 21 of 1958 ment) Act, 1957 
The Industrial and Commercial I The whole Act 
Property (Protection) (Amend- (other than section 
ment) Act, 1958 4) 
INTERNA TIONAL ACTIVITIES 
Rome Convention for the International Protection of Performers, 
Producers of Phonograms and Broadcasting Organisations 
With reference to the deposit of its instrument of accession 
to the Convention by the Government of the Republic of 
Niger on April5lb, 19631), the Secretary-General of the United 
Nations Organisation has informed us that, by a communica­
tion received on June 25th, 1963, this Government has notified 
him that it has decided to make its accession subject to th~ 
following reservations: 
(1) Article 5, paragraph (3): the" criterion of publication" 
is excluded; 
1) See Le Droit d'Auteur (Copyright), 1963, p.99. (2) Article 16: the application of Article 12 is completely 
excluded. 
This notification is made accordingly with the above-men­
tioned Articles 5 and 16, stipulating that such notification 
may be deposited at the time of ratification, acceptance or 
accession, or at any time thereafter. 
In accordance with its Article 25, this Convention shall 
come into force three months after the date of deposit of the 
sixth instrument of ratification, acceptance or accession. 
It should be noted that at the present time only three 
instruments (these of Congo [BrazzavilIe], Sweden and Niger) 
are taken into account for the application of this Article. IP IN I lIIRL/CI 1 
Page 36 
NATIONAL LEGISLJiTION 
IRELAND 
I 
Copyright Act, 1963 (Commencement) Order, 1964 
(No. 177, of July 20, 1964) 1) 
1. -This Order may he cited as the Copyright Act, 1963 
(Commencement) Order, 1964. 
1) See Le Droit d'Auteur (Copyright), 1963, pp. 115 and 140. 2. -The l't .day of Octoher, 1964, is herehy appointed 
as the day on which the Copyright Act, 1963 (No. 10 of 1963), 
shall come into operation. 
11 
Copyright (Register of Dramatic Works) Rules, 1964 
(No. 178, of July 20, 1964) 
1. -These Rules may he cited as the Copyright (Register 
of Dramatic Works) Rules, 1964. 4. -Particulars of each of the matters specified in the 
form in the Schedule to these Rules shall he entered in the 
register aforesaid. 
2. -These Rules shall come into operation on the lit day 
of Octoher, 1964. 5. -The person for whose profit a dramatic work is 
presented, or, if the work is not presented for the profit of 
any person, the person under whose control it is presented, 
shall he deemed, for the purpose of these Rules, to be the 
person presenting it. 3. -A register of dramatic works kept pursuant to sec­
tion 55 of the Copyright Act, 1963 (No. 10 of 1963), shall be 
in the form set out in the Schedule to these Rules. 
SCHEDULE 
Register of Dramatic Works 
Name and full address of theatre, hall, room or place where the work was performed ............................................ . 
Date of 
performance Full name and addreu of person 
who presented the work Title of work presented I Name of author of work or I 
of owner of copyright, if any 
I I 
EXPLANATORY NOTE 
(This Note is not part of the instrument and does not purport to he 
a legal interpretation) 
These rules provide for the keeping in places of entertain­
ment of a register of dramatic works performed therein. Full names and addresses of the 
persons by whom the work was 
actually performed COPYRIGHT -FEBRUARY 1990 IP/NIl/IRL/C/l 
Page 37 
LA WS AND TREATIES 
IRELAND 
Copyright (Amendment) Act, 1987 
(No. 24, of December 11,1987) 
An Act to amend the Copyright Act, 1963 
Amendment of section 14 of 
Copyright Act, 1963 
1. Section 14 of the Copyright Act, 1963, is 
hereby amended by the insertion after subsection 
(7) of the following subsection: 
"( 7 A) The act of reproducing 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 di­
mensions (other than such a work relating to a 
work of architecture) if-
(a) any of the, features following, that is to 
say, shape, configuration and pattern, 
that appear in the work and are applied 
to the object are wholly or substantially 
functional, and 
(b) the object is one of a number, in excess 
of fifty, of identical objects which have 
been manufactured and made commer­
cially available by the owner of the 
copyright or by a person authorised by 
him in that behalf.". 
Amendment of section 2 7 of 
Copyright Act, 1963 
2. Section 27 of the Copyright Act, 1963, is here­
by amended by the substitution of the following 
subsections for subsections (1), (4), (5), (8), (9) 
and (10): 
"( I) Any person who, at a time after the 
commencement of the Copyright (Amendment) 
Act, 1987, when copyright subsists in a work­
(a) makes for sale or hire, or 
( b) sells or lets for hire, or by way of trade 
offers or exposes for sale or hire, or for 
Entry into force: December 11. 1987. 
Source: Government publication. 
lE the purposes of trade has in his posses­
sion, or 
(c) by way of trade exhibits in public, or 
(d) imports into the State, otherwise than 
for his private and domestic use, 
any article which he knows to be an infringing 
copy of the work, shall be guilty of an offence 
under this subsection. 
( 4) The District Court, upon the application 
of the owner of the copyright in any work, may 
act as follows: If satisfied by evidence that there 
is reasonable ground for believing that infringing 
copies of the work are being hawked, carried 
about, sold or offered or exposed for sale, let for 
hire or offered or exposed for hire, may by order 
authorise a member of the Garda Siochana to 
seize the copies without warrant and to bring 
them before the court, and the court, on proof 
that the copies are infringing copies, may order 
them to be destroyed, or to be delivered up to 
the owner of the copyright or otherwise dealt 
with as the court may think fit. 
(5) If a Justice of the District Court is satis­
fied by information on oath that there is reason­
able ground for suspecting that an offence under 
subsection (1), (2), (3) or (8) of this section is 
being committed on any premises, such Justice 
may grant a search warrant authorising a named 
member of the Garda Siochana accompanied by 
such other members of the Garda Siochana as 
may be necessary, to enter on the premises, if 
need be by force, and to seize any copies of any 
cinematograph film or any work including plates 
in respect of which he has reasonable ground for 
suspecting that an offence under any of the said 
subsections is being committed. 
( 8) Any person who after the commence­
ment of the Copyright (Amendment) Act, 1987, 
causes a literary, dramatic or musical work to be 
performed in public, or a cinematograph film to 
be shown, knowing that copyright subsists in the 
IRELAND -Text 1-01, page 1 IP IN I lIIRL/CI 1 
Page 38 
COPYRIGHT':' FEBRU .. fRY'J990---- ------------------------- ------ [AWSANlfTREATIES' 
work or in the cinematograph film, and that the 
performance or showing constitutes an infringe­
ment of the copyright, shall be guilty of an offence 
under this subsection. 
(9) A person guilty of an offence under sub­
section ( 1 ) or (2) of this section shall be liable, 
on summary conviction-
(a) in case it is his first conviction of an 
offence under this section, to a fine not 
exceeding £ 1 00 for each article to which 
the offence relates; 
(b) in any other case, to such a fine, or, at 
the discretion of the court, to imprison­
ment for a term not exceeding 6 months 
or to both such fine and such imprison­
ment; 
so, however, that a fine imposed by virtue of this 
subsection shall not exceed £ 1 ,000 in respect of 
articles comprised in the same transaction. 
( 10) A person guilty of an offence under sub­
section (3) or (8) of this section shall be liable, 
on summary conviction-
(a) in case it is his first conviction of an 
offence under this section, to a fine not 
exceed,ing £ I ,000; 
IRELAND -Text 1-01. page 2 (b) in any other case, to such a fine, or, at 
the discretion of the court, to imprison­
ment for a term not exceeding 6 months 
or to both such fine and such imprison­
ment. 
(lOA) Notwithstanding anything contained 
in subsection ( 10) of this section, where any per­
son causes a work specified in subsection (8) of 
this section to be performed in public in con­
travention of the said subsection (8) by means 
of a television broadcast or a sound broadcast, 
he shall, in lieu of any penalty specified in the 
said subsection ( 10), be liable on summary con­
viction to a fine not exceeding £ 1 00.". 
Short title, construction and 
collective citation 
3. (1) This Act may be cited as the Copyright 
(Amendment) Act, 1987. 
(2) The Copyright Act, 1963, and this Act shall 
be construed together as one Act and maybe cited 
together as the Copyright Acts, 1963 and 1987. 
lE IP IN I lIIRL/CI 1 
Page 39 
NATIONAL LEGISLATION 
IRELAND 
Performers' Protection Act, 1968 
(No. 19, of July 2, 1968) * 
An Act to prevent the makinf!; of unauthorised records, films and broadcasts of performances of literary, dramatic, 
musical and artistic works 
ARRANGEMENT OF SECTIONS 
Section 
1. Intcrpretation. 
2. Prohibition of making records without consent of performers. 
~. Prohibition' of making cinematograph films without consent of per­
formers. 
-1. Foreign records anu films to he (Ieemell to contravene AC.t in certain 
circumstances. 
.i. Prohihition of hroaucasting without conSl'llt of pl'rformers. 
6. Rebroaucasting of performances. 
7. Prohibition of making or having plates for making records in con­
travention of Act. 
8. Power of court to order destruction o(Teeortls contravening Act. 
9. Special defences. 
10. Consent on hehalf of performers. 
11. Giving of consent without authority. 
12. Application of ccrtain provisions of Act to other countries. 
13. Short title and commenc'ement. 
Interpretation 
1. -(1) In this Act, unless the context otherwise re­
quires -
.• hroadcast " means broadcast by wireless telegraphy whether 
by way of sound broadcasting or of television; 
.• cinematograph film" means any print, negative, tape or 
other article on which a performance of performers or 
part thereof is recorded for the purposes of visual re­
production; 
.• communication to the public" includes transmission by wire 
to subscribers to a diffusion service; 
.• performance " means a performance of any actors, singers, 
musicians? dancers or other persons who act, sing, deliver, 
ueclaim, play in or otherwise perform literary, dramatic, 
musical or artistic works, and includes any such perform­
ance rendered or intended to be rendered audible or 
yisible by mechanical or electrical means; 
.• performers ", in the case of a mechanical performance, 
means the persons whose performance is mechanically 
reproduced; 
• This Act came into operation on Octoher J, 19G8, by virtue of the 
I)(·rl()rl/ll!r.~' Pro/t'e/j()1t Act. 1968 (COIIIIIII!IIC('IIH'IIl) Ordf'r, }9f1H, of SI'II-
1,·IIlI ... r 19, 1968. "Rauio Telefis Eireann" means the broadcasting authority 
established by virtue of the Broadcasting Authority Acts, 
1960 to 1966; 
" rebroadcast" means the simultaneous broadcast by one 
broadcasting organisation of a broadcast of another broad­
casting organisation; 
" record" means any record or similar contrivance for repro­
ducing sound, including the sound-track of a cinemato­
graph film. 
(2) Any reference in this Act to the making of a cinemato­
graph film is a reference to the carrying out of any process 
whereby a performance or part thereof is recorded for the 
purposes of visual reproduction. 
Prohibition of making records without consent of performers. 
2. -(I) Subject to the provisions of this Act, if a person 
knowingly -
(a) makes a record, directly or indirectly from or by means 
of a performance without the consent in writing of the 
performers, or 
(b) sells or lets for hire, or distributes for the purposes of 
trade, or by way of trade exposes or offers for sale or 
hire, a record made or deemed to have been made in 
contravention of this Act, or 
(c) uses for the purposes of a broadcast or communication to 
the public such a record, 
he shall be guilty of an offence, and shall be liable, on sum­
mary conviction, to a fine not exceeding five pounds for each 
record in respect of which an offence is proved, but not 
exceeding one hundred pounds in respect of anyone trans­
action or on conviction on indictment to a fine not exceeding 
two thousand pounds. 
(2) Where a person is charged with an offence under 
subsection (1)( a) of this section, it shall be a defence to prove 
that the record to which the charge relates was made for his 
private and domestic use only. 
(3) The making of a record from or by means of a per­
formance without the consent in writing of the performers 
shall not he a contravention of sltb.~et'tion (J) of this seetioll 
if-IP/N/lIIRL/C/1 
Page 40 
(a) the record was made by Radio Telefis Eireann by means 
of its own facilities, the performers had consented in 
writing to the broadcasting of the performance by Radio 
Telefis Eireann and the record, or a reproduction there­
of, was not used by Radio Telefis Eireann for any purpose 
other than such broadcasting, or 
(b) the record was -
(i) a reproduction of a performance incorporated in a 
record made with the consent of the performers 
and the reproduction was not made for a purpose 
different from those for which that consent was 
given, or 
(ii) a reproduction of a performance incorporated in 
a record made for the purpose of reporting current 
events and the reproduction was not made for a 
different purpose, or 
(iii) a reproduction of a performance incorporated in 
a record hy way of background, or otherwise as 
incidental to the principal matters comprised or re­
presented in the record, and the reproduction was 
not made for a different purpose. 
(4) Where Radio Telefis Eireann makes a record (other 
than a record of the kind referred to in subsection (3)(b) of 
this section) directly or indirectly by means of its own facilities 
of a performance without the consent in writing of the per­
formers, but the performance i&, .one to the broadcasting of 
which the performers had consented in writing, Radio Telefis 
Eireann shall, not more than six months after the date on 
which the making of the record was completed or such longer 
period (if any) as may be agreed upon by Radio Telefis 
Eireann and the p'6{formers, destroy the record and any re­
productions of it, and, if Radio Telefis Eireann contravenes 
the provisions of this subsection, it shall be guilty of an of­
fence and shall he liable on summary conviction to a fine not 
exceeding one hundred pounds. 
(5) (a) Subsection (4) of this section shall not apply in 
relation to a record of a performance which is of an excep­
tional docnmentary character, but such a record shall not be 
used for broadcasting or for any other purpose without the 
consent of the performers and section 12 (9) of the Copyright 
Act, 1963, shall apply in relation thereto as if it were a 
reproduction of a work made under subsection (7) of that 
section which is of an exceptional documentary character. 
(b) A person who contravenes paragraph (a) of this sub­
section shall be guilty of an offence and shall be liable on 
summary conviction to a fine not exceeding one hundred 
pounds and, on conviction on indictment, to a fine not exceed­
ing two thousand pounds. 
Prohibitioll of making ci1lematograph films IvithOltt consellt 
0/ performers 
3. -(1) Sllbject to the provisions of this Act, if a per­
son knowingly -
(a) makes a cinematograph film, uirectly or inuirectly, from 
or by means of a performance without the consent in 
writing of the performers, or NATIONAL LEGISLATION 
(b) sells or lets for hire, or distributes for the purposes of 
trade, or by way of trade exposes or offers for sale or 
hire, a cinematograph film made or deemed to have 
been made in contravention of this Act, or 
(c) uses for the purposes of a broadcast or communication 
to the public sHch a cinematograph film, 
he shall be guilty of an offence, and shall be liable on sum­
mary conviction to a fine not exceeding five pounds for each 
fifty feet of film in respect of which an offence is proved, 
but not exceeding one hundred pounds in respect of anyone 
transaction or on conviction on indictment to a fine not 
exceeding two thousand pounds. 
(2) Where a person is charged with an offence under sub­
s·ection (1)(a) of this section, it shall be a defence to prove 
that the cinematograph film to which the charge relates was 
made for his private and domestic use only. 
(3) The making by Radio Telefis Eireann by means of its 
own facilities of a cinematograph film from or by means of 
a performance without the consent in writing of the per­
formers shall not be a contravention of subsection (1) of this 
section if -
(a) the performers had consented in writing to the broad­
casting of the performance by Radio Telefis Eireann and 
the film or a reproduction of it was not used by Radio 
Telefis Eireann for any purpose other than the broad­
cast, or 
(b) the film was a film of a performance incorporated in a 
ciQ~matograph film lawfully made. 
(4) Where Radio Telefis Eireann makes a cinematograph 
film (other than a film of the kind referred to in subsection 
(3)(b) of this section) directly or indirectly by means of its 
own facilities of a performance without the consent in writing 
of the performers, but the performance is one to the broad­
casting of which the performers had consented in writing, 
Radio Telefis Eireann shall, not more than six months after 
the date on which the making of the film was completed or 
such longer period (if any) as may be agreed upon by Radio 
Telefis Eireann and the performers, destroy the film and any 
reproductions of it, and, if Radio Telefis Eireann contravenes 
the provisions of this subsection, it shall be guilty of an of­
fence and shall be liable on summary conviction to a fine not 
exceeding one hundred pounds. 
(5) (a) Subsection (4) of this section shall not apply in 
relation to a film of a performance which is of an exceptional 
documentary character, but such a film shall not be used for 
broadcasting or for any other purpose without the consent of 
the performers and section 12 (9) of the Copyright Act, 1963, 
shall apply in relation thereto as if it were a reproduction of 
a work made under subsection (7) of that section which is 
of an exceptional documentary character. 
(b) A person who contravenes paragraph (a) of this sub­
section shall be guilty of an offence and shall be liable on 
~lImlllary cOllviction 10 a fine not exceeding one hunured 
pounds and, on conviction on indictment, to a fine not 
exceeding two thousand pounds. COPYRIGHT -JULY 1969 
Foreign records and films to be deemed to contravene Act 
. in certain circumstances 
4. -For the purposes of paragraphs (b) and (c) of sec· 
tion 2 (1) of this Act and paragraphs (b) and (c) of section 3 
(1) of this Act, a record or film to which an order under sec· 
tion 12 of this Act applies and which is made directly or 
indirectly from or by means of a performance shall, if the 
consent of any performer to the making of the record or film 
was required by the law of the country in which it was made, 
be deemed to have been made in contravention of the Act 
if, whether knowingly or not, it was made without the consent 
so required. 
Prohibition 0/ broadcasting without consent 0/ performers 
5. -Subject to the provisions of this Act, a person who, 
otherwise than by the use of a record or cinematograph film 
or the reception of a broadcast, knowingly broadcasts or 
makes a communication to the public of a performance of 
performers, or any part of such a performance, without the 
consent in writing of the performers, shall be guilty of an 
offence, and shall be liable on summary conviction to a fine 
not exceeding one hundred pounds. . 
Rebroadcasting of performances 
6. -A consent to the broadcasting of a performance 
shall, unless the consent prov{des otherwise, be deemed to 
include consent to the rebroadcasting of the performance. 
Prohibition 0/ making or having plates for malcing records in 
, contravention of Act 
\ 
7. -If a person makes, or has in his possession a plate 
or similar contrivance for the purpose of making records in 
contravention of this Act, he shall be guilty of an offence, 
and shall be liable on summary conviction to a fine not 
exceeding one hundred pounds. 
Power of court to order destruction of records contravening 
Act 
8. -The court before which any proceedings are taken 
under this Act may, on conviction of the offender, order that 
all re(;Ords, cinematograph films, plates or similar contri­
vances in the possession of the offender which appear to the 
court to have been made in contravention of this Act, or to 
be adapted for the making of records in contravention of this 
Act, and in respect of which the offender has been convicted, 
be destroyed, or otherwise dealt with as the court may think 
fit. 
Special defences 
9. -Notwithstanding anything in the preceding provi. 
sions of this Act, where a person is charged with an offence 
under any provision of this Act, it shall be a defence to 
prove -
(a) that the record, cinematograph film, broadcast or corn. 
munication to the public to which the charge relates was 
made only for the purpose of reporting current events, 
or IP/NIlIIRL/CI 1 
Page 41 
(b) that the inclusion of the performance in question in the 
record, cinematograph film, broadcast or communication 
to the public to which the charge relates was only by way 
of background or was otherwise only incidental to the 
principal matters comprised or represented in the record, 
film, broadcast or communication to the public. 
Consent on behalf of performers 
10. -Where in any proceedings under this Act it is 
proved -
(a) that the record, cinematograph film, broadcast or com· 
munication to the public to which the proceedings relate 
was made with the consent in writing of a person who, 
at the time of giving the consent, represented that he 
was authorised by the performers to give it on their 
behalf, and 
(b) that the person making the record, film, broadcast or 
communication to the public had no reasonable grounds 
for believing that the person giving the consent was not 
so authorised, 
the provisions of this Act shall apply as if it had been proved 
that the performers had themselves consented in writing to 
the making of the record, film, broadcast or communication 
to the public. 
Giving of consent without authority 
11. -(1.) Where-
(a) a record, cinematograph film, broadcast or transmission 
is'made with the consent in writing of a person who, at 
the time of giving the consent, represented that he was 
authorised by the performers to give it on their behalf 
when to his knowledge he was not so authorised, and 
(b) the consent would, by virtue of section 10 of this Act 
afford a defence to any proceedings in relation to such 
making against the person to whom the consent was 
given, 
the person giving the consent shall be guilty of an offence 
and shall be liable on summary conviction to a fine not 
exceeding one hundred pounds. 
(2) The said section 10 shall not apply to proceedings 
under this section. 
Application of certain provisions 0/ Act to other countries 
12. -(1) The Government may by order provide that 
such provisions of this Act as may be specified in the order 
shall apply in relation to performances, records and cine· 
matograph films, respectively, made in such foreign countries' 
or group or groups of foreign countries as may be specified 
in the order, in circumstances that are such that, if the 
performances, records or cinematograph films had been made 
in the State, the making would have contravened the provi. 
sions of the Act. 
(2) The Government shall not make an order under this 
section applying any of the provisions of this Act in respect 
of any country which is not a party to a convention for the 
protection of performers to· which the State is also a party IP/N 11IIRL/C/1 
Page 42 
, unless the Government is satisfied that provison has been or 
: will be made under the laws of that country whereby ade­
quate protection will be given in that country to performances 
in the State. 
(3) The Government may by order revoke or amend an 
order under this section including an order under this sub­
section. 
(4) Every order made nnder this section shall be laid be­
fore each Honse of the Oireachtas as soon as may be after it 
is made, and if a resolution annulling the order is passed by GENERAL STUDIES 
either House within the next twenty-one days on which that 
House has sat after the order has been laid before it, the 
order shall be annulled accordingly, but without prejudice to 
the validity of anything previously done thereunder. 
Short title and commencement 
13. -(1) This Act may be cited as the Performers' Pro­
tection Act, 1968. 
(2) This Act shall come into operation on such day as the 
Minister for Industry and Commerce appoints by order. 
GENERAL STUDIES 
Copyright in Solutions to Mathematical Problems and Exercises 
May the author of a textbook on mathematics object to a 
third party's publishing the solutions to the problems and 
exercises containea'in his book? * 
Solutions to mathematical problems or exercises worked 
out by applying generally known rules are certainly not cre­
ations of the mind. Solving mathematical problems or exer­
cises undoubtedly involves intellectual effort, but this effort 
(like that of a bookkeeper, for example) does not result in 
the creation of a work in which there can be any copyright. 
The element which forms the very basis of the idea that an 
intellectual work can be the subject of a copyright is missing, 
namely, original personal contribution. (See Koumantos, Copy­
right (in Greek), page 2, and the foreign writers cited, as 
well as Kummer, Das urheberrechtlich schiltzbare Werk, 
pages 30 to 36.) Anyone who knows and applies the mathe­
matical rules can and should arrive at these solutions. A 
person who works out mathematical problems and exercises 
therefore acquires no exclusive right in the solutions he has 
found, even if he has them published. 
But, even if the person who figures ont solutions to mathe­
matical problems or exercises cannot claim to possess any 
copyright in these solutions, this does not in any way mean 
that a copyright in such solutions cannot belong to someone 
else, in particular to the person who composed or made up 
the problem or exercise concerned. It is beyond question that 
.., Excerpt from a pro veri/ate opinion given hy Mr. Georges Kou· 
mantos. Professor at the Faculty of Law of the University of Athens. It 
is Jlllhlisht''' here with the nuthor's permission in view of the interest it 
might o~!er in connection with the puhlication of so-called" teachers' 
manuals' . the author who composes the mathematical problems or 
exercises acquires a copyright in the "terms" of the prob­
lems or exercises, provided that these are not simply a juxta­
position of figures and signs (2 + 2 = X, for example) but 
show the minimum of original creativeness that is required 
for an intellectual work to exist. The question, then, is whether 
the creator of the" terms" acquires, in addition to his copy­
right in the latter, a further' copyright in the proper solutions. 
In answering this question, it is worth while to determine 
first of all whether there is an indestructible logical link 
between the terms (of a mathematical problem or exercise) 
and the solution. A problem or exercise, as seen from the 
point of view of logic, is merely the concrete embodiment of 
an abstract mathematical rule: the rule is reflected in the 
exercise and confirmed by it; by means of the exercise, the 
rule moves away from the sphere of reasoning toward that 
of experiment. It is obvious that the problem or exercise 
performs this function not as a simple statement of terms 
but through the indestructible logical link between the terms 
and the solution: it is in this unity and precisely by means of 
this unity that the rule takes on a concrete form. The inde­
structible nature of the unity stems from the fact that the 
solution is already inherent in the terms themselves, as their 
necessary logical consequence. The solution is merely a de­
duction, an ~, extraction" from the terms, founded on known 
mathematical rules and requiring no original creativeness. It 
is the creator of the terms of the mathematical problem or 
exercise who at the same time creates its solution as a logical 
virtuaJity. STATUTORY 1H2TRU:·~fTTS. 
8.1. ITo. 201 of 1968. IP IN I lIIRL/C/l 
Page 43 
PERFOR>i&-qS' PROTECTION ACT, 1968 (CO:~'[E?:C:~~fENT) OHDER, 1968. 
Published by the 2tationery Office, Dubli!1. 
Price Fourpence • 
. (Pr1.No. 267) JP/N/lIIRL/C/l 
Page 44 
I, Seoirse 6 Colla, Minister for Industry and 
'Commerce, in eXGrcise of the powers conferred on me 
by Section 13(2) of the Performers' Protection Act, 
1968, (No. 19 of 1968), hereby order as follows: 
1. This Order may be cited as the Performers' 
Protection Act, 1968 (Commencement) Order, 
1968. 
2. The 1st day of October, 1968, is hereby 
appointed as the day on which the Performers' 
Protection Act, 1968 (No. 19 of 1968), shall 
come into operation. 
GIVEN under my Official Seal, 
this 19th day of September, 1968. 
SEOIRSE 6 COLLA. 
EXPLANATORY NOTE 
(This note is not part of the instrument and does not 
purport to be a legal interpretation). 
This order appoints the 1st October, 1968, as the date 
on which the Performers' Protection Act, 1968, (No. 19 
of 1968), comes into operation. 