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Copyright


Copyright is a form of intellectual property that grants rights to the creators ("authors") of certain categories of works, such as books, songs, plays or films. When you are the owner of a copyright work, you have the exclusive right to copy the work, make the work available to the public and make an adaptation of the work. The copyright owner is entitled to remuneration for the use of their work as well as to determine how their work can be used. The copyright owner also has the right to prevent others from reproducing, publishing, performing, communicating to the public or adapting their creative work.

Examples of a copyrightable work include literary, audio-visual and artistic works as well as photographs, sound recordings and computer programs.

The relevant legislation relating to copyright protection is the Copyright and Related Rights Act 2000. An unofficial consolidated version of the Copyright and Related Rights Act 2000 (as amended) is also available.

Related rights

Performers, producers and broadcasters of works have what are known as related rights. The holders of related rights are entitled to remuneration for the use of their work as well as to determine how it can be used.

In addition to ensuring that the copyright in a work is protected, the Copyright and Related Rights Act 2000 provides for the protection of moral rights, such as the paternity right which is the right to be identified as the author of a work, and the integrity right which is the right of the author to object to any distortion, mutilation or other modification of their work.

Term of protection

There is no registration procedure for copyright works under Irish copyright law. Copyright protection is automatic and arises upon the creation of an original work. In general, the term of protection for copyright is 70 years after the death of the creator/author but the term of protection varies depending on the type of work, for example:

  • sound recordings - 50 years after the recording is made or first made available to the public or where a sound recording was created on or after 1 November 2013 the term of protection is 70 years after the sound recording is made
  • broadcasts and cable programmes - 50 years after the broadcast is first transmitted and for cable programmes it's 50 years after the date the work is first made available to the public
  • typographical arrangements - 50 years after the date the work is first made available to the public
  • computer-generated works - 70 years after the date the work is first made available to the public
  • database rights - 15 years from the end of the calendar year in which the database was completed
  • making available of a work not previously made available - 25 years from when the work is first made available to the public

After the period of copyright protection expires a work is said to be “in the public domain". This means that the work becomes available for use without the permission of the copyright owner.

Ownership

The author or the creator is defined as the person who creates the work. As a rule, the person who creates the work owns the copyright in the work. However, there are certain situations where the creator of the work is not the owner of the copyright:

  • when a work is made by an employee in the course of employment, the employer is the first owner of the copyright in the work, unless there is an agreement to the contrary, for example, a journalist
  • the author is not regarded as the owner of a work where the work is the subject of the government, the Oireachtas or a prescribed international organisation
  • the author is not regarded as the owner of a work where the copyright in the work is conferred on some other person by an enactment

The © symbol

The copyright symbol © is an internationally recognised symbol that is sometimes used to show that copyright is claimed in a work. There is no legal requirement to use the © symbol to indicate that a work is protected by copyright and its inclusion does not legally constitute proof of ownership. It does however, indicate a claim to copyright, which may prove useful if required to defend that claim or to deter infringement. If a copyright owner decides to include the © symbol on a work, it should be accompanied by the name of the copyright owner and the date from which the copyright is claimed. This information will also assist those who wish to make contact with the creator of a work in order to obtain their permission to use the work for any purpose.

Permission to use a copyright protected work

Before using copyright material, it is necessary to seek permission from the copyright owner. Permission to use copyright material can be sought directly from the copyright owner or by obtaining a licence from the relevant collective management organisation (organisation representing the copyright owner). There are some situations where it is not necessary to seek the permission from the copyright owner, i.e. if the work is out of copyright protection and in the public domain or if there are copyright exceptions covering use of the work (see Copyright exceptions).

Copyright exceptions

Copyright exceptions are limited circumstances where you can use copyright protected works without seeking permission from the copyright owner. The Copyright and Related Rights Act 2000 contains a number of copyright exceptions. One such exception is 'fair dealing', under this exception you are allowed to copy limited extracts of a work provided the use is for non-commercial purposes that will not prejudice the interests of the copyright owner. Such use must also be accompanied by a sufficient acknowledgement identifying the author and title of the work. Copying all or a large amount of a work is not considered fair dealing.

Copyright infringement and enforcement

Copyright infringement occurs when a person carries out the following acts, without the permission of the copyright owner or without obtaining a licence:

  • makes a copy of a work
  • makes a work available to the public
  • makes an adaptation of a work

The owner of a work can take legal action against a person who infringes their copyright.

Copyright law in the EU and internationally

In the EU, copyright is legislated at individual Member State level. The EU sets the copyright framework within which Member States operate through a number of EU Directives. Ireland adheres to these through the Copyright and Related Rights Act 2000 (CRRA).

Ireland has also signed up to a number of international agreements, treaties and conventions in the copyright and related rights area that are aimed at providing more consistent copyright protection in the countries that are party to those agreements. These international agreements and treaties are administered by the World Intellectual Property Organization (WIPO) in Geneva. Further details can be found on WIPO.

Related websites

World Intellectual Property Organisation (WIPO)

The EU (Copyright and Related Rights in the Digital Single Market) Regulations 2021 were signed into Irish law by Tánaiste Leo Varadkar on 12 November 2021 and came into effect on the same date.

These Regulations, made pursuant to the European Communities Act 1972, transpose Directive 2019/790/EU of the European Parliament and of the Council of 17 April 2019. These Regulations also further amend the Copyright and Related Rights Act 2000 (as amended).

The regulations provide a framework for a more modern copyright legislation that will strengthen the rights and protections afforded to various categories of rightsholders. The provisions reflect technological advances and increased digitisation and provide for wider access and use of copyright protected works to the potential benefit of the creative sectors, press publishers, researchers, educators, cultural heritage institutions, and citizens.

Related press release:

Authors, performers, creators to be given more rights over their work when shared online

Irish Statute Book: SI No 567 of 2021 - European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021

General Notice on consultation on the transposition of Directive (EU) 2019/790

As specified in Part B, section 2, of each consultation paper on the transposition of Directive (EU) 2019/790, contributors should be aware that it is the department’s policy to treat all submissions received as being in the public domain. This means that the department may decide to publish on its website, all submissions received in response to public consultations, in due course. Contributors should clearly identify any material they deem to be “confidential”.

Public consultation on the transposition of Directive (EU) 2019/790 of the European Parliament and of the Council on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (Directive on Copyright in the Digital Single Market)

Consultation Paper No. 4: Articles 18-23 on Fair Remuneration

The Department of Business, Enterprise and Innovation opted to conduct a series of public consultations, 4 in total, regarding the transposition into Irish law of the Copyright Directive. This consultation paper, the final of the series, is seeking the views of stakeholders and interested parties on the transposition of Articles 18-23 of the Directive.

The consultation closed on Monday, 23 December 2019.

Public consultation (Paper No. 4) on the transposition of Directive (EU) 2019/790

Public consultation on the transposition of Directive (EU) 2019/790 of the European Parliament and of the Council on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (Directive on Copyright in the Digital Single Market)

Consultation Paper No. 3: Articles 8-11 on Out-of-Commerce Works and Article 12 on Collective licensing with an extended effect

The Department of Business, Enterprise and Innovation is publishing a series of public consultation papers regarding the transposition into Irish law of the Copyright Directive. The third in the series of consultation papers is seeking the views of stakeholders and interested parties on the transposition of Articles 8-12 of the Directive.

The consultation closed on Wednesday, 4 December 2019.

Public consultation (Paper No. 3) on the transposition of Directive (EU) 2019/790

Public consultation on the transposition of Directive (EU) 2019/790 of the European Parliament and of the Council on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (Directive on Copyright in the Digital Single Market)

Consultation Paper No. 2: Articles 2-7 on exceptions and limitations

The Department of Business, Enterprise and Innovation invites submissions on the second public consultation on the transposition into Irish law of the Copyright Directive. The second consultation paper is seeking the views of stakeholders and interested parties on the transposition of Articles 2-7 on exceptions and limitations.

The consultation closed on Thursday, 14 November 2019.

Public consultation (Paper No. 2) on the transposition of Directive (EU) 2019/790

Public consultation on the transposition of Directive (EU) 2019/790 of the European Parliament and of the Council on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (Directive on Copyright in the Digital Single Market)

Consultation Paper No. 1: Articles 13-17

The Department of Business, Enterprise and Innovation intends to publish a series of public consultation papers regarding the transposition into Irish law of the Copyright Directive. The first consultation paper is seeking the views of stakeholders and interested parties on the transposition of Articles 13-17 of the Directive.

The consultation closed on Wednesday, 23 October 2019.

Public consultation (Paper No. 1) on the transposition of Directive (EU) 2019/790

Legislation relating to Copyright and Related Rights.

Unofficial consolidated Copyright and Related Rights Act 2000 (as amended)

This is an unofficial consolidation of the Copyright and Related Rights Act 2000 and amendments up to and including 30 September 2024 and is produced here as a reference document only.

Unofficial consolidated Copyright and Related Rights Act 2000 (as amended)

Copyright and related rights primary legislation effective in Ireland

Primary legislation:

Copyright and related rights secondary legislation

Secondary legislation on copyright in Ireland consists of statutory instruments (SIs) that fall into one of the following categories:

  • Copyright Rules and subsequent amendments
  • Regulations implementing EU Copyright and Related Rights legislation into Irish law
  • Regulations made under the Copyright and Related Rights Act 2000 (as amended)
  • Commencements Orders

SIs, Rules, Fees and Commencement Orders made under the primary legislation are available to view under the Principal Act on the Irish Statute Book: Copyright and Related Rights Act 2000

Regulations implementing EU copyright and related rights legislation into Irish law

International Agreements or Treaties effective in Ireland

Beijing Treaty on Audiovisual Performances

The Beijing Treaty on Audiovisual Performances is a multilateral treaty which regulates copyright for audiovisual performances and expands the performers' rights. It was adopted on 26 June 2012 by the Diplomatic Conference on the Protection of Audiovisual Performances of the World Intellectual Property Organization. It grants performers four kinds of economic rights for their performances fixed in audiovisual fixations, such as motion pictures: (i) the right of reproduction; (ii) the right of distribution; (iii) the right of rental; and (iv) the right of making available.

Ireland signed the Beijing Treaty on Audiovisual Performances on 19 June 2013.

Berne Convention for the protection of literary and artistic works

The Berne Convention, adopted in 1886, deals with the protection of works and the rights of their authors. It provides creators such as authors, musicians, poets, painters etc. with the means to control how their works are used, by whom, and on what terms. It is based on three basic principles and contains a series of provisions determining the minimum protection to be granted, as well as special provisions available to developing countries that want to make use of them.

Marrakesh Treaty to facilitate access to published works for persons who are blind, visually impaired, or otherwise print disabled

The Marrakesh Treaty was adopted on 27 June 2013 in Marrakesh and it forms part of the body of international copyright treaties administered by WIPO. It has a clear humanitarian and social development dimension and its main goal is to create a set of mandatory limitations and exceptions for the benefit of the blind, visually impaired, and otherwise print disabled (VIPs).

More on the Marrakesh Treaty to facilitate access to published works for persons who are blind, visually impaired, or otherwise print disabled

Rome Convention for the protection of performers, producers of phonograms and broadcasting organizations

The Rome Convention secures protection in performances for performers, in phonograms for producers of phonograms and in broadcasts for broadcasting organizations. WIPO is responsible for the administration of the convention jointly with the International Labour Organization (ILO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO).

Ireland became a contracting party to the Rome Convention on 19 September 1979.

More on the Rome Convention for the protection of performers, producers of phonograms and broadcasting organizations

WIPO Copyright Treaty (WCT)

The WIPO Copyright Treaty (WCT) is a special agreement under the Berne Convention which deals with the protection of works and the rights of their authors in the digital environment. In addition to the rights recognized by the Berne Convention, they are granted certain economic rights. The Treaty also deals with two subject matters to be protected by copyright: (i) computer programs, whatever the mode or form of their expression; and (ii) compilations of data or other material ("databases").

Ireland signed the WIPO Copyright Treaty on 19 December 1997.

More on the WIPO Copyright Treaty (WCT)

WIPO Performances and Phonograms Treaty (WPPT)

The WIPO Performances and Phonograms Treaty (WPPT) deals with the rights of two kinds of beneficiaries, particularly in the digital environment: (i) performers (actors, singers, musicians, and so on); and (ii) producers of phonograms (persons or legal entities that take the initiative and have the responsibility for the fixation of sounds).

Ireland signed the WIPO Performances and Phonograms Treaty on 19 December 1997.

More on the WIPO Performances and Phonograms Treaty (WPPT)

The Intellectual Property Unit operates a copyright mailing list in order to inform interested parties of copyright issues, stakeholder consultations and other copyright related events.

If you would like to be included on the mailing list, please email copyright@enterprise.gov.ie

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