Ireland has implemented the Use of public speeches and public lectures (Art. 5.3(f) InfoSoc) exception in Section 89(1) of the Copyright and Related Rights Act. The national exception is much more restrictive than the EU exception.

Implementation summary:

This exception allows for the use of record of spoken words (including political speeches and extracts from public lectures or similar works), in writing or otherwise, for the purposes of i) reporting current events, or ii) broadcasting, including in a cable programme service, or otherwise communicating to the public. The record must be a direct record of the spoken words, as well as the making of the record and the subsequent use must not have been prohibited by the speaker and, where copyright already subsisted in the work, the use did not infringe the copyright in the work. The use made of the record or material taken from it must be by or with the authority of a person who is lawfully in possession of the record. The use must be accompanied by a sufficient acknowledgement. Subsequent sale, rental or loan, or otherwise making available to the public of such a record are outside the scope of the exception.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • reporting current events
  • broadcasting, including in a cable programme service, or otherwise communicating to the public

Usage:

  • any use (in writing or otherwise), except for subsequent sale, rental or loan, or otherwise making available to the public

Subject Matter:

  • records of spoken words (including political speeches and extracts from public lectures or similar works)

Compensation:

  • no compensation required

Attribution:

  • the use must be accompanied by a sufficient acknowledgement

Other Conditions:

  • the record must be a direct record of the spoken words
  • the making of the record and the subsequent use must not have been prohibited by the speaker
  • where copyright already subsisted in the work, the use must not infringe copyright
  • the use made of the record or material taken from it must be by or with the authority of a person who is lawfully in possession of the record
  • the subsequent sale, rental or loan, or otherwise making available to the public of such a record are forbidden

Introduced/last updated: 26 June 2019