Copyright and Related Rights Act, 2000
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FIRST SCHEDULE | ||
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PART I Transitional Provisions and Savings: Copyright | ||
1. (1) In this Schedule— | ||
“Act of 1911” means the Copyright Act, 1911 ; | ||
“Act of 1927” means the Industrial and Commercial Property (Protection) Act, 1927 ; | ||
“Act of 1963” means the Copyright Act, 1963 ; | ||
“new copyright provisions” means the provisions of this Act relating to copyright; | ||
“new right” means a right arising by virtue of this Act other than— | ||
(a) a right corresponding to a right which existed immediately before the commencement of Part III of this Act, or | ||
(b) a right to remuneration arising under this Act. | ||
(2) References in this Schedule to “commencement” shall be construed as references to the date on which the provision concerned came into operation. | ||
(3) References in this Schedule to “existing work” shall be construed as references to a work made before the commencement of Part II of this Act and for this purpose a work the making of which extends over a period of time shall be deemed to have been made when the work is completed. | ||
(4) In relation to the Act of 1963, references in this Schedule to a work include any work within the meaning of that Act. | ||
(5) In relation to the Act of 1927— | ||
(a) a reference in Part I of this Schedule to copyright includes the right conferred by that Act in substitution for a right subsisting immediately before the commencement of that Act; | ||
(b) a reference in Part I of this Schedule to copyright in a sound recording is a reference to the copyright under that Act in a record embodying the recording; and | ||
(c) a reference in Part I of this Schedule to copyright in a film is a reference to any copyright under that Act in the film (in so far as the film constituted a dramatic work for the purposes of that Act) or in photographs forming part of that film. | ||
2. Subject to any express provisions to the contrary, the new copyright provisions shall apply in relation to works existing on the commencement of Part II of this Act as they apply in relation to works coming into existence after such commencement. | ||
3. (1) A reference in an enactment or other document to copyright, or to a work in which copyright subsists, which apart from this Act would be construed as referring to copyright under the Act of 1963 shall be construed, in so far as may be required for continuing its effect, as being, or as the case may require, including, a reference to copyright under this Act or to works in which copyright subsists under this Act. | ||
(2) Subject to any express provisions to the contrary, anything done, or having effect as being done, under or for the purposes of a provision repealed by this Act has effect as if done under or for the purposes of the corresponding provision of the new copyright provisions. | ||
(3) References (expressed or implied) in this Act or any other enactment or other document to any of the new copyright provisions shall, in so far as the context permits, be construed as including, in relation to times, circumstances and purposes before commencement of Part I or II of this Act, a reference to corresponding provisions in operation at the time of the commencement of Part I or II of this Act. | ||
(4) Subject to any express provision to the contrary, a reference (express or implied) in an enactment or other document to a provision repealed by this Act shall be construed, in so far as may be required for continuing its effect, as a reference to the corresponding provision of this Act in so far as there are corresponding provisions. | ||
(5) Notwithstanding the repeal of the Act of 1963, any regulation, rule or order made under the Act of 1963 and which is in force immediately before the commencement of Part II of this Act shall continue in force and be deemed after the commencement of the said Part II to be made under the corresponding provisions of this Act. | ||
(6) Notwithstanding the repeal of the Act of 1963, any proceedings initiated or criminal prosecutions instituted under that Act may continue and shall be determined as if the Act of 1963 had not been repealed and any order made or fine or penalty imposed shall have effect accordingly. | ||
(7) Except as otherwise expressly provided, any agreement made prior to the coming into operation of that Part of this Act which relates to the subject matter of the agreement shall be construed by reference to the law existing at the time the agreement was made and it shall not be construed as conferring any rights on any party which were not then in existence except in cases where the parties had expressly agreed that its terms would apply to new rights arising from future legislation. | ||
4. Copyright subsists in an existing work after the commencement of Part II of this Act where copyright subsisted in the work concerned immediately before such commencement. | ||
5. (1) Copyright shall not subsist in a film, as such, made before the first day of October, 1964. | ||
(2) Where a film made before the date referred to in subparagraph (1) was an original dramatic work for the purposes of the Act of 1927, the new copyright provisions shall have effect in relation to the film as if it was an original dramatic work within the meaning of Part II of this Act. | ||
(3) The new copyright provisions apply in relation to photographs forming part of a film made before the first day of October, 1964, as they apply in relation to photographs not forming part of a film. | ||
6. (1) A film sound-track to which section 18(8) of the Act of 1963 applied before the commencement of Part II of this Act shall be deemed for the purposes of the new copyright provisions to be a sound recording. | ||
(2) Copyright subsists in a sound recording where copyright subsisted in the film immediately before the commencement of Part II of this Act and it continues to subsist until copyright in the film expires. | ||
(3) The author and first owner of copyright in the film shall be deemed to be the author and first owner of the copyright in the sound recording. | ||
(4) Anything done before the commencement of Part II of this Act under or in relation to the copyright in the film continues to apply in relation to the sound recording as in relation to the film. | ||
7. The question as to who was the author of an existing work shall be determined in accordance with the new copyright provisions for the purposes of the rights conferred by Chapter 7 of Part II of this Act, and for all other purposes shall be determined in accordance with the law applicable at the time the work was made. | ||
8. (1) The question as to who is or was the first owner of copyright in an existing work shall be determined in accordance with the law applicable to copyright at the time the work was made. | ||
(2) Where, before the commencement of Part II of this Act, a person commissioned the making of a work in circumstances within— | ||
(a) section 10(3) of the Act of 1963 or paragraph (a) of the proviso to section 158(1) of the Act of 1927, or | ||
(b) the proviso to section 17(3) of the Act of 1963, | ||
those provisions shall apply in order to determine first ownership of copyright in any work made pursuant to the commission after the commencement of the said Part II. | ||
9. (1) Nothing in this Act shall affect the duration of copyright in works in which copyright subsists on or before the commencement of Part II of this Act, and the duration of copyright in those works shall be determined, where applicable, in accordance with the European Communities (Term of Protection of Copyright) Regulations, 1995 ( S.I. No. 158 of 1995 ), notwithstanding the revocation of those Regulations. | ||
(2) This Act shall apply to computer programs whether created before or after the first day of January, 1993. | ||
10. Section 13 of the Act of 1963 continues to apply where notice under that section was given before the repeal of that section by this Act, but only in respect of the making of records— | ||
(a) within one year of the repeal of the Act of 1963 coming into operation, and | ||
(b) up to the number stated in the notice as intended to be sold. | ||
11. (1) Any act undertaken before the commencement of Chapter 7 of Part II of this Act shall not be actionable under any provision of that Chapter. | ||
(2) Section 54 of the Act of 1963 continues to apply in relation to acts undertaken before the commencement of Chapter 7 of Part II of this Act. | ||
12. (1) The rights conferred by sections 107 and 109 shall not apply— | ||
(a) in relation to a literary, dramatic, musical or artistic work the author of which died before the commencement of Part II of this Act, or | ||
(b) in relation to a film, broadcast or typographical arrangement made before the commencement of Part II of this Act. | ||
(2) The rights conferred by sections 107 and 109 in relation to an existing literary, dramatic, musical or artistic work shall not apply— | ||
(a) where copyright first vested in the author, to anything which by virtue of an assignment of copyright made or licence granted before the commencement of Part II of this Act may be done without infringing copyright, | ||
(b) where copyright first vested in a person other than the author, to anything done by or with the licence of the copyright owner. | ||
(3) Chapter 7 of Part II of this Act shall not apply to anything done in relation to a record made pursuant to section 13 of the Act of 1963. | ||
13. The right conferred by section 114 shall not apply to photographs taken or films made before the commencement of Part II of this Act. | ||
14. (1) Any document made or event occurring before the commencement of Part II of this Act which operated— | ||
(a) to affect the ownership of the copyright in an existing work, or | ||
(b) to create, transfer or terminate an interest, right or licence in respect of the copyright in an existing work, | ||
has the corresponding operation in relation to copyright in the existing work under this Act. | ||
(2) A word or phrase in a document referred to in subparagraph (1) shall be construed in accordance with its effect immediately before the commencement of Part II of this Act. | ||
15. Section 121 shall not apply in relation to an agreement made before the first day of October, 1964, in relation to copyright. | ||
16. (1) Where the author of a literary, dramatic, musical or artistic work was the first owner of the copyright in the work, an assignment of the copyright and a grant of any interest in it, made by him or her (otherwise than by will) after the passing of the Act of 1927 and before the first day of October, 1964, shall not operate to vest in the assignee or grantee any rights with respect to the copyright in the work beyond the expiration of 25 years after the death of the author. | ||
(2) The reversionary interest in the copyright expectant on the expiration of the period referred to in subparagraph (1) may, after the commencement of Part II of this Act, be assigned by the author during his or her life but in the absence of any assignment shall, on his or her death, devolve on his or her legal personal representatives as part of his or her estate. | ||
(3) Nothing in this paragraph affects— | ||
(a) an assignment of the reversionary interest by a person to whom it has been assigned, | ||
(b) an assignment of the reversionary interest after the death of the author by his or her personal representatives or any person becoming entitled to it, or | ||
(c) any assignment of the copyright after the reversionary interest has fallen in. | ||
(4) This paragraph shall not apply to the assignment of the copyright in a collective work or a licence to publish a work or part of a work as part of a collective work. | ||
(5) In subparagraph (4) “collective work” means— | ||
(a) any encyclopaedia, dictionary, yearbook, or similar work, | ||
(b) a newspaper or periodical, or | ||
(c) any work written in distinct parts by different authors, or in which works or parts of works of different authors are incorporated. | ||
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PART II Works made before the first day of July, 1912 | ||
17. (1) Paragraphs 17 to 30 and 44 of this Schedule apply to works made before the first day of July, 1912. | ||
(2) In paragraphs 17 to 30 and 44 of this Schedule a “right conferred by the Act of 1911”, in relation to a work, means such a substituted right as, by virtue of section 24 of the Act of 1911, was conferred in place of a right subsisting immediately before the commencement of that Act. | ||
18. Notwithstanding anything in paragraphs 17 to 30 and 44 of this Schedule, neither subsection (1) or (2) of section 8 of the Act of 1963, nor subsection (2) or (3) of section 9 of that Act, shall apply to a work to which this Part of the Schedule applies, unless a right conferred by the Act of 1911 subsisted in the work immediately before the commencement of the said section 8 or 9, as the case may be. | ||
19. (1) Where, in the case of a dramatic or musical work made before the first day of July, 1912, 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 by virtue of this Act, the acts restricted by the copyright shall be treated as not including those specified in subparagraph (3). | ||
(2) Where, in the case of a dramatic or musical work to which paragraphs 17 to 30 and 44 of this Schedule apply, the right conferred by 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 copyright shall be treated as consisting only of those specified in subparagraph (3). | ||
(3) The acts referred to in subparagraphs (1) and (2) are— | ||
(a) performing the work or an adaptation thereof in public, | ||
(b) broadcasting the work or an adaptation thereof, or | ||
(c) causing the work or an adaptation thereof to be transmitted to subscribers to a diffusion service. | ||
20. Where a work to which paragraphs 17 to 30 and 44 apply consists of an essay, article or extract forming part of a work and first published in a review, or other periodical or similar work, and immediately before the commencement of section 8 of the Act of 1963, 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 substitution, where it first occurs for “right” of “copyright”. | ||
21. (1) This paragraph shall apply where— | ||
(a) the author of a work to which paragraphs 17 to 30 and 44 of this Schedule apply had, before the commencement of the Act of 1911, made such an assignment or grant as is mentioned in paragraph (a) of the proviso to subsection (1) of section 24 of that Act, and | ||
(b) copyright subsists in the work by virtue of any provision of this Act. | ||
(2) Where, before the commencement of section 24 of the Act of 1911, an event occurred, or notice was given, which in accordance with paragraph (a) of the proviso referred to in subparagraph (1)(a) operated so as to affect the ownership of the right conferred by the Act of 1911 in relation to the work, or creating, transferring or terminating an interest, right or licence in respect of that right, that event or notice shall have the corresponding operation in relation to the copyright in the work under this Act. | ||
(3) Any right which, at a time after the commencement of a provision of this Act by virtue of which copyright subsists in a work, which would, but for the passing of this Act, by virtue of paragraph (a) of the proviso referred to in subparagraph (1)(a), have been exercisable in relation to the work, or to the right conferred by the Act of 1911, shall be exercisable in relation to the work or to the copyright in that work under this Act, as the case may be. | ||
(4) If, in accordance with paragraph (a) of the proviso referred to in subparagraph (1)(a), the right conferred by the Act of 1911 would have reverted to the author or his or her personal representatives on the date referred to in that paragraph, and the said date is after the commencement of section 17 — | ||
(a) the copyright in the work under this Act shall revert to the author or his or her personal representatives, as the case may be, and | ||
(b) any interest of any other person in that copyright which subsists on that date by virtue of any document made before the commencement of the Act of 1911 shall thereupon determine. | ||
22. (1) Section 123 — | ||
(a) shall not apply where the testator died before the first day of October, 1964, and | ||
(b) applies only in relation to an original document embodying a work, where the testator died on or after that date and before the commencement of Part II of this Act. | ||
(2) In the case of an author who died before the first day of October, 1964, the ownership after his or her death of his or her manuscript, where such ownership has been acquired under a testamentary disposition made by him or her and the manuscript is of a work which has not been published or performed in public, is prima facie proof of the copyright being with the owner of the manuscript. | ||
23. (1) Sections 127 and 128 shall apply only in relation to an infringement of copyright committed after the commencement of Part II of this Act; section 22 of the Act of 1963 shall continue to apply in relation to infringements committed before such commencement. | ||
(2) Sections 131 to 133 shall apply to infringing copies, articles and devices made before or after the commencement of Part II of this Act; section 24 of the Act of 1963 shall not apply after such commencement except for the purposes of proceedings initiated before such commencement. | ||
(3) Sections 135 and 136 shall apply only in relation to an infringement of copyright committed after the commencement of Part II of this Act; section 25 of the Act of 1963 shall continue to apply in relation to infringements committed before such commencement. | ||
(4) Section 139 shall apply only in proceedings brought by virtue of this Act; section 26 of the Act of 1963 shall continue to apply in proceedings brought by virtue of that Act. | ||
24. Sections 135 and 136 shall not apply to a licence granted before the first day of October, 1964. | ||
25. (1) Section 140 shall apply only in relation to acts undertaken after the commencement of Part II of this Act; section 27 of the Act of 1963 shall continue to apply in relation to acts undertaken before such commencement. | ||
(2) Section 143 shall apply in relation to offences committed before the commencement of Part II of this Act in relation to which the Act of 1963 applied; section 27(5) of the Act of 1963 shall continue to apply in relation to warrants issued before such commencement. | ||
26. A dispute referred to the Controller under Part V of the Act of 1963 and pending at the time of the commencement of Part II of this Act shall be disposed of under the said Part V of the Act of 1963 as if that Part had not been repealed. | ||
27. Every work in which copyright subsisted under the Act of 1963 immediately before the commencement of Part II of this Act shall be deemed to satisfy the requirements of this Act as to qualification for copyright protection. | ||
28. (1) Section 191 shall apply to an existing work where— | ||
(a) section 51 of the Act of 1963 applied to the work immediately before commencement, and | ||
(b) the work is not one to which section 193 , 194 or 195 applies. | ||
(2) Section 191 (2) shall have effect subject to any agreement entered into under section 51(6) of the Act of 1963 where that agreement is entered into before the commencement of Part II of this Act. | ||
29. (1) Section 193 of this Act shall apply to existing unpublished literary, dramatic, musical or artistic works, but shall not otherwise apply to existing works. | ||
(2) Section 194 shall not apply to any Bill introduced into either House of the Oireachtas before the commencement of Part II of this Act. | ||
30. (1) Any work in which, immediately before the commencement of Part II of this Act, copyright subsisted by virtue of section 44 of the Act of 1963 shall be deemed to satisfy the requirements of section 196 (1); but otherwise section 196 (1) shall not apply to works made or, as the case may be, published before such commencement. | ||
(2) Copyright in a work referred to in subparagraph (1) which is unpublished continues to subsist until the date on which it would have expired in accordance with the Act of 1963, or the expiration of the period of 50 years from the end of the calendar year in which the new copyright provisions are commenced, whichever is the earlier. | ||
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PART III Secondary Infringements | ||
31. (1) Sections 44 to 48 shall apply to secondary infringements occurring on or after the commencement of those sections. | ||
(2) Notwithstanding the repeal of section 11 of the Act of 1963, that section shall continue to apply in respect of infringements occurring before the commencement of sections 44 to 48. | ||
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PART IV Performers' Rights | ||
32. In this Part— | ||
“existing” in relation to a performance, means a performance given before the commencement of this Part of the Schedule. | ||
33. Notwithstanding the repeal of the Performers' Protection Act, 1968 , any proceedings initiated or criminal prosecutions instituted under that Act may continue and shall be determined as if that Act had not been repealed and any order made or fine or penalty imposed shall have effect accordingly. | ||
34. For the purposes of this Part of this Schedule a performance, the making of which extended over a period of time, shall be taken to have been made when the performance was completed. | ||
35. An act undertaken before the commencement of Part III or Part IV of this Act shall not be regarded as an infringement of any new right, or as giving rise to any right to remuneration arising by virtue of Part III or Part IV of this Act. | ||
36. (1) Any new right conferred by Part III or Part IV of this Act in relation to a qualifying performance is exercisable after the commencement of the said Part III and Part IV by the performer or, where he or she has died, by the person who under section 300 would be entitled to exercise the rights conferred on the performer by the said Part III or Part IV in relation to that performance. | ||
(2) Any remuneration or damages received by a person's personal representatives under a right conferred on them by subparagraph (1) shall devolve as part of that person's estate as if the right had subsisted and been vested in him or her immediately before his or her death. | ||
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PART V Copyright and Performers' Rights | ||
37. (1) Except as otherwise expressly provided, nothing in this Act affects an agreement in relation to rental and lending rights established by virtue of the Council Directive No. 92/100/EEC of 19 November, 1992, on rental right and lending right and certain rights relating to copyright in the field of intellectual property made before the 19th day of November, 1992. | ||
(2) An act undertaken pursuant to an agreement referred to in subparagraph (1) after the commencement of Part III or Part IV of this Act shall not be regarded as an infringement of any new right. | ||
38. (1) This Act applies to an agreement concluded before the first day of January, 1995— | ||
(a) between two or more co-producers of a film, one of whom is a national of a Member State of the EEA, and | ||
(b) the provisions of the agreement grant to the parties exclusive rights to exploit all communication to the public of the film in separate geographical areas. | ||
(2) When an international co-production agreement concluded before the first day of January, 1995, between a co-producer from a Member State of the EEA and one or more co-producers from other Member States of the EEA or third countries expressly provides for a system of division of exploitation rights between the co-producers by geographical areas for all means of communication to the public, without distinguishing the arrangement applicable to communication to the public by satellite from the provisions applicable to the other means of communication, and where communication to the public by satellite of the co-production would prejudice the exclusivity, in particular the language exclusivity, of one of the co-producers or his or her assignees in a given territory, the authorisation by one of the co-producers or his or her assignees for a communication to the public by satellite shall require the prior consent of the holder of that exclusivity, whether co-producer or assignee. | ||
39. Where before the commencement of Part II, Part III or Part IV of this Act— | ||
(a) the owner or prospective owner of copyright in a literary, dramatic, musical or artistic work has authorised a person to make a copy of the work, or | ||
(b) the owner or prospective owner of performers' rights in a performance has authorised a person to make a copy of a recording of the performance, | ||
any new right in relation to that copy shall vest on such commencement in the person so authorised, subject to any agreement to the contrary. | ||
40. (1) Subject to paragraph 41, sections 124 and 297 shall apply and have effect in relation to an agreement concluded before or after the commencement of Part II and Part III of this Act. | ||
(2) Subject to paragraph 41, sections 125 and 298 shall apply and have effect accordingly. | ||
41. No right to equitable remuneration under sections 125 and 298 arises— | ||
(a) in respect of any rental of a sound recording or film before the first day of July, 1997, or | ||
(b) in respect of any rental after that date of a sound recording or film made in pursuance of an agreement entered into before the first day of July, 1994, unless the author or performer (or his or her successor in title) has, before the first day of January, 1997, notified the person by whom the remuneration would be payable that he or she intends to exercise that right. | ||
42. (1) Any new right in relation to a copyright work shall not apply to a copy of the work acquired by a person before the commencement of Part II of this Act for the purpose of renting or lending it to the public. | ||
(2) Any new right in relation to a qualifying performance shall not apply to a copy of a recording of the performance acquired by a person before the commencement of Part III and Part IV of this Act for the purpose of renting or lending it to the public. | ||
43. (1) Section 2 (7) and (8) shall apply from the commencement of Parts II, III and IV of this Act in relation to films made on or after the first day of July, 1994. | ||
(2) It is not an infringement of any right which the principal director has under this Act to do anything after the commencement of Part II of this Act pursuant to arrangements for the exploitation of a film made before the 19th day of November, 1992. | ||
(3) Nothing in subparagraph (2) shall affect any right of a person to equitable remuneration under section 125 . | ||
(4) Subject to paragraph 36 and subparagraphs (1) to (3) of this paragraph, this Act shall apply to works made and to performances given before or after the commencement of Part II or III of this Act. | ||
44. (1) This paragraph shall apply to the construction of any reference in this Act to qualified persons. | ||
(2) Where, at any time after the commencement of any provisions of this Act, the Government makes an order declaring that certain countries are excluded from the application of this Act the order shall not affect any rights existing before the making of that order. | ||
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PART VI Transitional Provisions and Savings: Databases | ||
45. (1) Where a database— | ||
(a) was created on or before the 27th day of March, 1996, and | ||
(b) is a copyright work immediately before the commencement of Part V of this Act, | ||
copyright shall continue to subsist in the database for the remainder of its copyright term. | ||
(2) In this paragraph “copyright term” means the period of the duration of copyright under section 24 . | ||
46. Where— | ||
(a) the making of a database was completed on or after the first day of January, 1983, and | ||
(b) on the commencement of Part V of this Act the database right begins to subsist in the database, | ||
the database right shall subsist in the database for the period of 15 years commencing on the first day of January, 1999. |