Ireland has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in Sections 99 and 105 of the Copyright and Related Rights Act. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows for the reproduction or authorising the reproduction of a work, where, by virtue of a licence or assignment of copyright, the beneficiary is authorised to broadcast this work or an adaptation of a work or include it in a cable programme service. Use must be done by means of beneficiary's own facilities for the purposes of their own broadcast or cable programme. Any copy resulting from the exercise of rights granted by the licence must not be used for any purpose other than the broadcast or cable programme and must be destroyed within 3 months of first being used for broadcasting or included in a cable programme service. Also, a fixation of a broadcast or a cable programme of a designated class or a copy of such a fixation may be made for the purpose of including it in an archive maintained by a designated body without infringing the copyright in the broadcast or cable programme or in any work included therein.
Implementation details:
Beneficiaries:
- persons authorised by license to broadcast the work or an adaptation of the work or include it in a cable programme service
- designated bodies (archivation)
Purposes:
- for the beneficiary's own broadcast or cable programme
- archivation by a designated body
Usage:
- reproduction
Subject Matter:
- works
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- use must be effected by means of beneficiary's own facilities
- copies resulting from the exercise of rights granted by the licence must not be used for any purpose other than the broadcast or cable programme
- copies resulting from the exercise of rights granted by the licence must be destroyed within 3 months of first being used for broadcasting or included in a cable programme service
Introduced/last updated: 19 January 2004
Remarks: For the purposes of archivation, 'designated bodies' and 'designated class' are defined by the Minister or Enterprise, Trade and Employment.
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)
