Ireland has implemented the Quotation for criticism or review (Art. 5.3(d) InfoSoc) exception in Sections 51(1) and 52(4) of the Copyright and Related Rights Act. The national exception closely resembles the EU exception.

Implementation summary:

Irish Law allows for both fair dealing for the purposes of criticism or review and the use of quotations or extracts. Under Section 51(1), fair dealing with a work for the purposes of criticism or review of that or another work or of a performance of a work is allowed, where the criticism or review is accompanied by a sufficient acknowledgement. Furthermore, Section 52(4) allows for the use of quotations or extracts from a work which has been lawfully made available to the public, where such use does not prejudice the interests of the owner of the copyright in that work and such use is accompanied by a sufficient acknowledgement.

Implementation details:

Beneficiaries:

• any user

Purposes:

• criticism or review (fair dealing)
• quotation (no further specification)

Usage:

• any use

Subject Matter:

• works
• performances (fair dealing)
• recordings (fair dealing)
• press publications

Compensation:

• no compensation required

Attribution:

• use must be accompanied by a sufficient acknowledgement

Other Conditions:

• use must constitute 'fair dealing' (fair dealing for the purposes of criticism or review)
• work used must have been lawfully made available to the public (use of quotations or extracts)
• use must not prejudice the interests of the owner of the copyright in that work (use of quotations or extracts)

Introduced/last updated: 19 January 2004

Remarks: In terms of subject-matter, 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 quotation exception is also covered by the provision of Section 221(1), according to which allows for the 'Fair dealing with a performance or recording for the purposes of criticism or review, of that or another performance or recording, or of a work'. Section 52(4) seems to not have a performance rights counterpart.

As of 19 November 2021 both exceptions extend also to press publications as per section 13(4) of S.I. No 567 of 2021.