Ireland has implemented the Temporary acts of reproduction (Art. 5.1 InfoSoc) exception in Section 87 of the Copyright and Related Rights Act. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the making of a transient and incidental copy of a work which is technically required for the viewing of or listening to the work by a member of the public to whom a copy of the work is lawfully made available. Paragraph 2 of the provision explicitely states that where a copy, which would otherwise be an infringing copy, is made under the exception and is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be deemed to be an infringing copy for those purposes and for all subsequent purposes.

Implementation details:

Beneficiaries:

• intermediaries (implied)
• any user (lawful use)

Purposes:

• transmission in a network between third parties
• other lawful use

Usage:

• temporary acts of reproduction

Subject Matter:

• works
• performances

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• temporary acts of reproduction must be transient or incidental
• temporary acts of reproduction must be technically required for the viewing of or listening to the work by a member of the public to whom a copy of the work is lawfully made available

Introduced/last updated: 19 January 2004

Remarks: In Ireland there is no overall distinction made between works of authorship and related rights. Certain provisions are stated to apply to some but not all rights holders - for example moral rights are granted only to authors of literary, dramatic, musical, artistic works and film. However in general the provisions relating to ownership, duration, permitted acts, dealings and so forth, apply in the absence of a specific exclusion to every 'work', with ‘work’ defined as a literary, dramatic, musical or artistic work, sound recording, film, broadcast, cable programme, typographical arrangement or a published edition, or an original database, and includes a computer programme. Performances and works protected by the database right are dealt with separately to the main scheme. (see Linda Scales in ‘Ireland’ (2019), B Lindner and T Shapiro (eds), Copyright in the Information Society, Elgar Intellectual Property Law and Practice, 471)

The exception extends to performances as per Section 244 CA.