Copyright and Related Rights Act 2000

Съдържание

1. чл. 1 Short title and commencement.
2. чл. 2 Interpretation.
3. чл. 2A Provisions supplementary to definition of “broadcast"
4. чл. 3 Construction of references to rightsowner.
5. чл. 4 Construction of references to copyright.
6. чл. 5 Encrypted broadcasts.
7. чл. 6 Making and protection of broadcasts.
8. чл. 6A Ancillary online services
9. чл. 7 Regulations and orders.
10. чл. 8 Laying of regulations and orders.
11. чл. 9 Expenses.
12. чл. 10 Transitional provisions and repeals.
13. чл. 11 Prosecution of offences.
14. чл. 12 Offences by bodies corporate.
15. чл. 13 Offences by members of partnership.
16. чл. 14 Service of notices.
17. чл. 15 Fees.
18. чл. 16 Jurisdiction of Courts.
19. чл. 16A Circuit Court
20. чл. 16B District Court
21. чл. 17 Copyright and copyright works.
22. чл. 18 Copyright in literary, dramatic or musical works and original databases.
23. чл. 19 Copyright in sound recordings.
24. чл. 20 Exclusion of copyright in retransmission.
25. чл. 21 Interpretation of author.
26. чл. 22 Works of joint authorship.
27. чл. 23 First ownership of copyright.
28. чл. 24 Duration of copyright in a literary, dramatic, musical or artistic work or an original database.
29. чл. 24A Transitional provisions relating to section 24(1A).
30. чл. 25 Duration of copyright in films.
31. чл. 26 Duration of copyright in sound recordings.
32. чл. 27 Duration of copyright in broadcasts.
33. чл. 28 Duration of copyright in cable programmes.
34. чл. 29 Duration of copyright in typographical arrangements.
35. чл. 30 Duration of copyright in computer-generated works.
36. чл. 31 Duration of copyright in works in volumes, parts, etc.
37. чл. 31A Duration of copyright in relation to registered design.
38. чл. 31B Transitional provisions for section 31A
39. чл. 32 Miscellaneous matters in relation to duration.
40. чл. 33 Expiry of copyright.
41. чл. 34 Making available of a work not previously made available.
42. чл. 34A Presumption relevant to section 34.
43. чл. 35 Calculation of term of copyright.
44. чл. 36 Non-application of certain provisions on duration to Government copyright, etc.
45. чл. 37 Acts restricted by copyright in a work.
46. чл. 38 Playing of sound recordings — licences of right.
47. чл. 39 Reproduction right.
48. чл. 40 Making available right.
49. чл. 41 Distribution right.
50. чл. 42 Rental and lending right.
51. чл. 42A Public Lending Remuneration Scheme.
52. чл. 43 Infringement by adaptation of works.
53. чл. 44 Interpretation of infringing copy.
54. чл. 45 Secondary infringement: dealing with infringing copy.
55. чл. 46 Secondary infringement: providing means for making infringing copies.
56. чл. 47 Secondary infringement: permitting use of premises for infringing performances.
57. чл. 48 Secondary infringement: permitting use of apparatus for infringing performances.
58. чл. 49 Exemptions in respect of copyright works.
59. чл. 50 Fair dealing: research or private study.
60. чл. 51 Fair dealing: criticism or review.
61. чл. 52 Incidental inclusion of copyright material.
62. чл. 53 Acts done for purposes of instruction or examination.
63. чл. 53A Text and data mining for non-commercial research
64. чл. 53B Text and data mining for commercial purposes - exception
65. чл. 54 Anthologies for educational use.
66. чл. 55 Performing, playing or showing work in course of activities of educational establishment.
67. чл. 56 Recording by educational establishments of broadcasts and cable programmes.
68. чл. 57 Illustration for education, teaching or scientific research
69. чл. 57A Distance learning provided by educational establishment
70. чл. 57B Use by educational establishment of work available through Internet
71. чл. 57C Licensing schemes for educational establishments
72. чл. 58 Copyright not infringed by lending by educational establishments.
73. чл. 58A Cultural Heritage Institutions
74. чл. 59 Regulations relating to copying by libraries and archives.
75. чл. 60 Libraries and archives: declarations.
76. чл. 61 Copying by librarians or archivists: articles in periodicals.
77. чл. 62 Copying by librarians or archivists: parts of works lawfully made available to public.
78. чл. 63 Multiple copying.
79. чл. 64 Copying by librarians or archivists: supply of copies to other libraries and archives.
80. чл. 65 Copying by librarians or archivists: replacement copies of works.
81. чл. 66 Copying by librarians or archivists for certain purposes.
82. чл. 67 Copying by librarians or archivists: certain works not lawfully made available to public.
83. чл. 68 Copy of work required to be made as condition of export.
84. чл. 68A Format shifting by librarians or archivists
85. чл. 69 Copying by librarians or archivists: exemptions.
86. чл. 69A Fair dealing by librarians and archivists
87. чл. 70 Copying by librarians or archivists: infringing copy.
88. чл. 70A Orphan works.
89. чл. 71 Parliamentary and judicial proceedings.
90. чл. 72 Statutory inquiries.
91. чл. 73 Copying of material in public records.
92. чл. 74 Material open to public inspection or on statutory register.
93. чл. 75 Works communicated to Government or Oireachtas.
94. чл. 76 Acts done under statutory authority.
95. чл. 77 Savings.
96. чл. 78 Acts done in reliance on registration of design.
97. чл. 78A Design documents and models.
98. чл. 78B Effect of exploitation of design derived from artistic work.
99. чл. 79 Exception from protection of copyright in certain works.
100. чл. 80 Back-up copies of computer programs.
101. чл. 81 Lawful copies of computer programs.
102. чл. 82 Exceptions to infringement of copyright in computer programs.
103. чл. 82A Cultural Heritage Institutions – computer programs
104. чл. 83 Access to or use of original database.
105. чл. 84 Use of typefaces: printing.
106. чл. 85 Articles for producing materials in particular typefaces.
107. чл. 86 Transfer of copies of work in electronic form.
108. чл. 87 Temporary acts of reproduction.
109. чл. 88 Anonymous or pseudonymous works acts permitted.
110. чл. 89 Use of notes or recordings of spoken words in certain cases.
111. чл. 90 Public reading or recitation of works.
112. чл. 91 Abstracts of scientific or technical articles.
113. чл. 92 Fixations of performances of works of folklore.
114. чл. 93 Representation of certain artistic works on public display.
115. чл. 94 Advertising sale of artistic work.
116. чл. 95 Making of subsequent works by same artist.
117. чл. 96 Reconstruction of buildings.
118. чл. 97 Playing or showing of sound recordings, broadcasts and cable programmes in certain premises.
119. чл. 98 Playing of sound recordings for clubs, societies, etc.
120. чл. 99 Copying for purpose of broadcast or cable programme.
121. чл. 100 Recording for purposes of supervision and control of broadcasts and cable programmes.
122. чл. 101 Recording for purposes of time-shifting.
123. чл. 102 Photographs of television broadcasts or cable programmes.
124. чл. 103 Reception and retransmission of broadcasts in cable programmes services.
125. чл. 104 Provision of modified works.
126. чл. 104A Circumstances in which section 104 shall not apply
127. чл. 104B Electronic form of relevant work
128. чл. 105 Recording for archival purposes.
129. чл. 106 Adaptation of a work.
130. чл. 107 Paternity right.
131. чл. 108 Exceptions to paternity right.
132. чл. 109 Integrity right.
133. чл. 110 Exceptions to integrity right.
134. чл. 111 Qualification of integrity right in certain cases.
135. чл. 112 Secondary infringement of integrity right: possessing or dealing.
136. чл. 113 False attribution of work.
137. чл. 114 Right to privacy in photographs and films.
138. чл. 115 Duration of moral rights.
139. чл. 116 Waiver of rights.
140. чл. 117 Application of certain provisions to works of joint authorship and joint ownership.
141. чл. 118 Moral rights not assignable or alienable.
142. чл. 119 Transmission of moral rights on death.
143. чл. 120 Assignment and licences.
144. чл. 121 Prospective ownership of copyright.
145. чл. 122 Exclusive licences.
146. чл. 123 Copyright to pass under will with certain original fixations.
147. чл. 124 Presumption of transfer of rental right in case of film production agreement.
148. чл. 125 Right to equitable remuneration where rental right transferred.
149. чл. 126 Equitable remuneration: reference of determination of amount to Controller.
150. чл. 127 Infringement actionable by copyright owner.
151. чл. 128 Award of damages in infringement action.
152. чл. 129 Action in respect of construction of building.
153. чл. 130 Undertakings concerning licences of right.
154. чл. 131 Order for delivery up.
155. чл. 132 Application to District Court for seizure of infringing copies, articles or devices.
156. чл. 133 Right of copyright owner to seize infringing copies, articles or devices, etc.
157. чл. 134 Rights of owner of copyright in respect of infringing copy.
158. чл. 135 Rights and remedies of exclusive licensee.
159. чл. 136 Exercise of concurrent rights.
160. чл. 137 Remedies for infringement of moral rights.
161. чл. 138 Action in respect of construction of building.
162. чл. 139 Presumptions.
163. чл. 140 Offences.
164. чл. 141 False claims of copyright
165. чл. 142 Order for delivery up in criminal proceedings.
166. чл. 143 Search warrants and seizure.
167. чл. 144 Period after which remedy for delivery up is not available.
168. чл. 145 Order as to disposal of infringing copy, article or device.
169. чл. 146 Amendment to section 23 of Trade Marks Act, 1996.
170. чл. 147 Infringing copies, articles or devices may be treated as prohibited goods.
171. чл. 148 Power of Revenue Commissioners to make regulations.
172. чл. 149 Licensing schemes and licensing bodies.
173. чл. 150 General references.
174. чл. 151 Reference of proposed licensing scheme to Controller.
175. чл. 152 Reference of licensing scheme to Controller.
176. чл. 153 Further reference of scheme to Controller.
177. чл. 154 Application for grant of licence in connection with licensing scheme.
178. чл. 155 Review of orders made by Controller.
179. чл. 156 Effect of order of Controller as to licensing scheme.
180. чл. 157 General references by licensing bodies.
181. чл. 158 Reference to Controller of proposed licence.
182. чл. 159 Reference to Controller of expiring licence.
183. чл. 160 Application for review of order made by Controller.
184. чл. 161 Effect of order of Controller as to licence.
185. чл. 162 General considerations: unreasonable discrimination.
186. чл. 163 Licences for reprographic copying.
187. чл. 164 Licences to reflect payments in respect of underlying rights.
188. чл. 165 Licences to reflect conditions imposed by promoters of events.
189. чл. 166 Licences in respect of works included in retransmissions.
190. чл. 167 Implied indemnity in certain schemes and licences for reprographic copying.
191. чл. 168 Power to extend application of scheme or licence.
192. чл. 169 Variation or discharge of order extending scheme or licence.
193. чл. 170 Appeals against orders.
194. чл. 171 Inquiry whether other provisions required.
195. чл. 172 Statutory licence where recommendation not implemented.
196. чл. 173 Certification of licensing schemes.
197. чл. 174 Collective exercise of certain rights in relation to cable retransmissions.
198. чл. 175 Register of copyright licensing bodies.
199. чл. 176 Proof that licensing body may act on behalf of specified classes.
200. чл. 177 Notification of charges.
201. чл. 178 Validity of certificates of registration.
202. чл. 179 Refusal of application.
203. чл. 180 Indemnity for Controller.
204. чл. 181 Obligation of collecting societies to register (copyright).
205. чл. 182 Qualification for copyright protection: general.
206. чл. 183 Qualification by reference to author.
207. чл. 184 Qualification for copyright protection: specific.
208. чл. 185 Territorial waters and Continental Shelf.
209. чл. 186 Qualification for copyright in broadcasts and cable programmes.
210. чл. 187 Prohibition on contravention of certain international obligations.
211. чл. 188 Extension of this Part by order.
212. чл. 189 Orders to be made for countries other than convention countries, etc.
213. чл. 190 Restriction of rights by order.
214. чл. 191 Government copyright.
215. чл. 192 Copyright in Acts, etc.
216. чл. 193 Houses of the Oireachtas: copyright.
217. чл. 194 Oireachtas copyright.
218. чл. 195 Houses of the Oireachtas: supplementary provisions with regard to copyright.
219. чл. 196 Copyright vesting in certain international organisations.
220. чл. 197 Works of folklore.
221. чл. 198 Delivery of certain materials to libraries.
222. чл. 199 Amendment of sections 65 and 66 of the National Cultural Institutions Act, 1997.
223. чл. 200 Copyright in Irish legal tender notes, euro notes, consolidated bank notes and in Irish and euro coins.
224. чл. 201 Disposal of books of King's Inns Library, Dublin.
225. чл. 202 Interpretation.
226. чл. 203 Performers' rights: general.
227. чл. 204 Reproduction right of performer.
228. чл. 205 Making available to public copies of recordings of qualifying performances.
229. чл. 206 Distribution right of performers.
230. чл. 207 Rental and lending right of performer.
231. чл. 208 Right to equitable remuneration for exploitation of sound recording.
232. чл. 209 Consent required for recording or live transmission of performance.
233. чл. 210 Meaning of illicit recording.
234. чл. 211 Presumptions.
235. чл. 211A Presumption relevant to civil proceedings.
236. чл. 212 Secondary infringement: importing, possessing or dealing with illicit recordings.
237. чл. 213 Secondary infringement: providing means for making illicit recording.
238. чл. 214 Secondary infringement: permitting use of apparatus for infringing performances.
239. чл. 215 Interpretation.
240. чл. 216 Infringement of recording rights by copying.
241. чл. 217 Infringement of recording rights by use of illicit recording.
242. чл. 218 Secondary infringement: importing, possessing or dealing with illicit recording.
243. чл. 219 Secondary infringement: providing means for making illicit recordings.
244. чл. 220 Exemptions in respect of performance.
245. чл. 221 Fair dealing with performances, etc.
246. чл. 222 Incidental use of performances.
247. чл. 223 Copying of a performance for purpose of instruction, etc.
248. чл. 224 Playing of sound recording, etc., at an educational establishment.
249. чл. 225 Recording of broadcast, etc., on behalf of an educational establishment.
250. чл. 225A Text and data mining for non-commercial research
251. чл. 225AA Text and data mining for non-commercial purposes - exception
252. чл. 225B Illustration for education, teaching or scientific research
253. чл. 225C Distance learning provided by educational establishment
254. чл. 225D Use by educational establishment of recording of performance available through the Internet
255. чл. 226 Performers’ rights not infringed by lending by educational establishments.
256. чл. 227 Regulations relating to copying of recordings by libraries and archives.
257. чл. 228 Libraries and archives: declarations.
258. чл. 229 Copying by librarians or archivists: parts of recordings lawfully made available to public.
259. чл. 230 Multiple copying.
260. чл. 231 Copying by librarians or archivists: supply of copies to other libraries and archives.
261. чл. 232 Copying by librarians or archivists: replacement copies of recordings of performances.
262. чл. 233 Copying by librarians or archivists for certain purposes.
263. чл. 234 Copying by librarians or archivists: certain recordings not lawfully made available to public.
264. чл. 235 Copy of recording required to be made as condition of export.
265. чл. 235A Fair dealing by librarians and archivists
266. чл. 236 Copying by librarians or archivists: illicit recording.
267. чл. 236A Orphan works
268. чл. 237 Parliamentary and judicial proceedings.
269. чл. 238 Statutory inquiries.
270. чл. 239 Copying of material in public records.
271. чл. 240 Material open to public inspection or on statutory register.
272. чл. 241 Acts done under statutory authority.
273. чл. 242 Transfer of copies of recordings in electronic form.
274. чл. 243 Use of recordings of spoken words in certain cases.
275. чл. 244 Temporary acts of reproduction.
276. чл. 245 Recordings of works of folklore.
277. чл. 246 Playing or showing sound recordings, broadcasts and cable programmes in certain premises.
278. чл. 247 Playing of sound recordings for clubs, societies, etc.
279. чл. 248 Recording for purposes of broadcast or cable programme.
280. чл. 249 Recording for purposes of supervision and control of broadcasts and cable programmes.
281. чл. 250 Recording for purposes of time-shifting.
282. чл. 251 Reception and retransmission of broadcast in cable programme service.
283. чл. 252 Provision of modified recordings.
284. чл. 253 Recording for archival purposes.
285. чл. 254 Power of Controller to consent on behalf of performer.
286. чл. 255 Order for delivery up.
287. чл. 256 Application to District Court for seizure of illicit recordings, articles or devices, etc.
288. чл. 257 Right of rightsowner to seize illicit recordings, articles or devices, etc.
289. чл. 258 Offences.
290. чл. 259 False claims of rights in performances.
291. чл. 260 Order for delivery up in criminal proceedings.
292. чл. 261 Search warrants and seizure.
293. чл. 262 False representation of authority to give consent.
294. чл. 263 Period after which remedy of delivery up is not available.
295. чл. 264 Order as to disposal of illicit recording, article or device.
296. чл. 265 Licensing schemes and licensing bodies.
297. чл. 266 General references.
298. чл. 267 Reference of proposed licensing scheme to Controller.
299. чл. 268 Reference of licensing scheme to Controller.
300. чл. 269 Further reference of scheme to Controller.
301. чл. 270 Application for grant of a licence in connection with licensing scheme.
302. чл. 271 Review of orders made by Controller.
303. чл. 272 Effect of order of Controller as to licensing scheme.
304. чл. 273 General references by licensing bodies.
305. чл. 274 Reference to Controller of proposed licence.
306. чл. 275 Reference to Controller of expiring licence.
307. чл. 276 Application for review of order made by Controller.
308. чл. 277 Effect of order of Controller as to licence.
309. чл. 278 General considerations: unreasonable discrimination.
310. чл. 279 Licences to reflect payments in respect of underlying rights.
311. чл. 280 Register of licensing bodies for performers' property rights.
312. чл. 281 Proof that licensing body may act on behalf of specified classes.
313. чл. 282 Notification of charges.
314. чл. 283 Validity of certificates of registration.
315. чл. 284 Refusal of application.
316. чл. 285 Indemnity for Controller.
317. чл. 286 Obligation of collecting societies to register (performers' property rights).
318. чл. 287 Definition of qualifying person.
319. чл. 288 Qualifying performance.
320. чл. 289 Designation of qualifying countries.
321. чл. 290 Territorial waters and Continental Shelf.
322. чл. 291 Duration of rights.
323. чл. 292 Performers' property rights.
324. чл. 293 Assignment and licences.
325. чл. 294 Prospective ownership of performers' property rights.
326. чл. 295 Exclusive licences.
327. чл. 296 Performers' property rights to pass under will with certain original recordings.
328. чл. 297 Presumption of transfer of rental right in case of film production agreement.
329. чл. 298 Right to equitable remuneration where rental right is transferred.
330. чл. 299 Equitable remuneration: reference of determination of amount to Controller.
331. чл. 299A Termination of assignment agreement.
332. чл. 299B Annual supplementary remuneration.
333. чл. 299C Recurring payments.
334. чл. 299D Application of sections 299A to 299C.
335. чл. 299E Deemed continuation in force and modification of assignment agreements.
336. чл. 300 Performers' non-property rights.
337. чл. 301 Transmissibility of rights of person having recording rights.
338. чл. 302 Consent.
339. чл. 303 Infringement actionable by rightsowner.
340. чл. 304 Award of damages in infringement action.
341. чл. 305 Undertakings concerning licences of right.
342. чл. 306 Rights and remedies of exclusive licensee.
343. чл. 307 Exercise of concurrent rights.
344. чл. 308 Infringement actionable as a breach of statutory duty.
345. чл. 309 Paternity right.
346. чл. 310 Exceptions to paternity right.
347. чл. 311 Integrity right.
348. чл. 312 Exceptions to integrity right.
349. чл. 313 Secondary infringement of integrity right: possessing or dealing.
350. чл. 314 False attribution of performances.
351. чл. 315 Duration of moral rights.
352. чл. 316 Waiver of rights.
353. чл. 317 Performers' moral rights not assignable or alienable.
354. чл. 318 Transmission of moral rights on death.
355. чл. 319 Remedies for infringement of moral rights.
356. чл. 320 Interpretation.
357. чл. 321 Database right.
358. чл. 322 Maker of database.
359. чл. 323 First ownership of database right.
360. чл. 324 Acts restricted by database right.
361. чл. 325 Term of protection of database right.
362. чл. 326 Qualification for database right.
363. чл. 327 Avoidance of certain terms affecting lawful users.
364. чл. 328 Exemptions in respect of databases.
365. чл. 329 Fair dealing: research or private study.
366. чл. 330 Exception for educational establishments.
367. чл. 330A Cultural Heritage Institutions – databases
368. чл. 331 Parliamentary or judicial proceedings.
369. чл. 332 Statutory inquiries.
370. чл. 333 Copying of material in public records.
371. чл. 334 Material open to public inspection or on statutory register.
372. чл. 335 Databases communicated to Government or Oireachtas.
373. чл. 336 Acts done under statutory authority.
374. чл. 337 Anonymous or pseudonymous databases: acts permitted.
375. чл. 338 Application of copyright provisions to database right.
376. чл. 339 Presumptions relevant to database right.
377. чл. 340 Licensing schemes and licensing bodies.
378. чл. 341 General references.
379. чл. 342 Reference of proposed licensing scheme to Controller.
380. чл. 343 Reference of licensing scheme to Controller.
381. чл. 344 Further reference of scheme to Controller.
382. чл. 345 Application for grant of licence in connection with licensing scheme.
383. чл. 346 Review of orders made by Controller.
384. чл. 347 Effect of order of Controller as to licensing scheme.
385. чл. 348 General reference by licensing bodies.
386. чл. 349 Reference to Controller of proposed licence.
387. чл. 350 Reference to Controller of expiring licence.
388. чл. 351 Application for review of order made by Controller.
389. чл. 352 Effect of order of Controller as to licence.
390. чл. 353 General considerations: unreasonable discrimination.
391. чл. 354 Licences to reflect payments in respect of underlying rights.
392. чл. 355 Register of licensing bodies for database right.
393. чл. 356 Proof that licensing body may act on behalf of specified classes.
394. чл. 357 Notification of charges.
395. чл. 358 Validity of certificates of registration.
396. чл. 359 Refusal of application.
397. чл. 360 Indemnity for Controller.
398. чл. 361 Obligation of collecting societies to register (database rights).
399. чл. 362 Jurisdiction of Controller
400. чл. 363 Rules in relation to proceedings before Controller.
401. чл. 364 Power of Controller to award costs.
402. чл. 354A Costs of Controller in proceedings.
403. чл. 365 Appointment of assessors.
404. чл. 366 Appeal to the High Court.
405. чл. 367 References of dispute to arbitrator.
406. чл. 368 Controller may consult Attorney General.
407. чл. 369 Definition of dispute for the purposes of this Chapter.
408. чл. 370 Devices designed to circumvent protection.
409. чл. 371 Offence of unlawful reception.
410. чл. 372 Rights in respect of apparatus, etc., for unauthorised reception of transmissions.
411. чл. 373 Denial of protection.
412. чл. 374 Non-interference of rights protection measures with permitted acts.
413. чл. 375 Rights and remedies in respect of unlawful acts which interfere with rights management information.
414. чл. 376 Removal or interference with rights management information.
415. чл. 377 Certain acts infringe rights of rightsowner of rights management information