Ireland has implemented the Use for public security purposes (Art. 5.3(e) InfoSoc) exception in Section 71 et sec of the Copyright and Related Rights Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the use for the purposes of parliamentary or judicial proceedings or for the purpose of reporting those proceedings, as well as for the purposes of a statutory inquiry or for the purpose of reporting any such inquiry. The work which is itself a report of the proceedings, which has been lawfully made available to the public, cannot be used within the exception. The copyright in a work is not infringed, however, by the making available to the public of copies of a report of a statutory inquiry containing the work or materials from the report.

Implementation details:

Beneficiaries:

• any user

Purposes:

• reporting of parliamentary or judicial proceedings
• reporting of a statutory inquiry

Usage:

• any use

Subject Matter:

• works
• performances

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• use the work which is itself a report of the proceedings, which has been lawfully made available to the public, cannot be used within the exception.

Introduced/last updated: 19 January 2004

Remarks: Although not explicitly implementing art 5(3)(e) of the InfoSoc Directive, the provisions concerning permitted uses in relation to public administration also allow for any material which is comprised in records which are open to public inspection, to be copied, and a copy to be supplied to any person (Section 73 and 74).

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 237 et sec CA.