Ireland has implemented the Use for the purpose of caricature, parody or pastiche (Art. 5.3(k) InfoSoc) exception in Section 52, para 5 of the Copyright and Related Rights Act. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows for the fair dealing with a work for the purposes of caricature, parody or pastiche.
Implementation details:
Beneficiaries:
- any user
Purposes:
- caricature, parody or pastiche
Usage:
- any use
Subject Matter:
- works
- recordings of performances
- press publications
Compensation:
- no compensation required
Attribution:
- sufficient aknowledgement required
Other Conditions:
- the use must meet the condition for fair dealing
Introduced/last updated: 26 June 2019
Remarks: The exempted use must meet the condition for fair dealing, which means that: - works, performances or recordings must be lawfully made available to the public - the respective use is allowed for a purpose and to an extent which will not unreasonably prejudice the interests of the rightsowner where - the respective use must be accompanied by a sufficient acknowledgement.
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 'recordings of performances' as per Section 221 (2) CA and as of 19 November 2021 - to press publications as per section 13(4) of S.I. No 567 of 2021.
