Copyright act, 1963

• Act Number: 10
• Enactment Date: 08 April 1963

Number 10 of 1963.
COPYRIGHT ACT, 1963.
ARRANGEMENT OF SECTIONS
Part I
PRELIMINARY AND GENERAL
Section 1. Short title and commencement. 2. Interpretation generally. 3. Supplementary provisions as to interpretation. 4. Orders, rules and regulations. 5. Expenses. 6. Transitional provisions and repeals.
PART II
COPYRIGHT IN ORIGINAL WORKS
7. Nature of copyright. 8. Copyright in literary, dramatic and musical work. 9. Copyright in artistic works. 10. Ownership of copyright in literary, dramatic, musical and artistic works. 11. Infringements by importation, sale and other dealings. 12. General exceptions from protection of literary, dramatic or musical works. 13. Special exception in respect of records of musical works. 14. General exceptions from protection of artistic works. 15. Anonymous and pseudonymous works. 16. Works of joint authorship.
PART III
COPYRIGHT IN SOUND RECORDINGS, CINEMATOGRAPH FILMS, BROADCASTS, ETC
17. Copyright in sound recordings. 18. Copyright in cinematograph films. 19. Copyright in television broadcasts and sound broadcasts. 20. Copyright in published editions of works. 21. Supplementary provisions for purposes of Part III.
PART IV
REMEDIES FOR INFRINGEMENT OF COPYRIGHT
22. Action by owner of copyright for infringement. 23. Limitation on amount of plaintiff's costs in certain actions for infringement of copyright. 24. Rights of owner of copyright in respect of infringing copies. 25. Proceedings in case of copyright subject to exclusive licence. 26. Proof of facts in copyright actions. 27. Penalties and summary proceedings in respect of dealings which infringe copyright. 28. Provision for restricting importation of infringing copies.
PART V
JURISDICTION OF THE CONTROLLER OF INDUSTRIAL AND COMMERCIAL PROPERTY
29. Definitions for purposes of Part V. 30. General provisions as to jurisdiction of the Controller. 31. Determination by the Controller of certain matters relating to royalties under section 13 and remuneration under sections 17 and 48. 32. Reference of licence schemes to the Controller. 33. Further reference of scheme to the Controller. 34. Applications to the Controller. 35. Rules of procedure. 36. Fees. 37. Power of the Controller to award costs. 38. Appointment of assessors. 39. Effects of orders of the Controller. 40. Appeal to the High Court. 41. Reference of cases of dispute to arbitration. 42. Controller may consult the Attorney General.
PART VI
APPLICATION OF ACT TO OTHER COUNTRIES
43. Power to extend benefit of Act to other countries. 44. Copyright in publications of certain international organisations. 45. Extended application of provisions relating to broadcasts. 46. Denial of copyright to citizens of countries not giving adequate protection to Irish works.
PART VII
MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
47. Assignments and licences in respect of copyright. 48. Broadcasting of works incorporated in a cinematograph film. 49. Prospective ownership of, copyright. 50. Copyright to pass under will with unpublished work. 51. Copyright in Government publications. 52. Broadcasts of sound recordings and cinematograph films and diffusion of broadcast programmes. 53. Use of copyright material for education. 54. False attribution of authorship. 55. Register to be kept by proprietors of theatres, etc. 56. Delivery of books to certain libraries. 57. Copyright in Irish legal tender notes, consolidated bank notes and in Irish coins. 58. Disposal of books of King's Inns Library, Dublin. 59. Amendment of section 70 of Act of 1927. 60. Savings.
FIRST SCHEDULE
SECOND SCHEDULE
Acts Referred to (Charter Amendment) Act, 1960 1960. No. 1.(private) Broadcasting Authority Act, 1960 1960, No. 10 Wireless Telegraphy Act, 1926 1926, No. 45 Courts of Justice Act, 1936 1936, No. 48 Statute of Limitations, 1957 1957, No. 6 The Public Offices Fees Act, 1879 1879, c. 58 Coinage Act, 1926 1926, No. 14 Currency Act, 1927 1927, No. 32 Coinage Act, 1950 1950, No. 32 King's Inns Library Act, 1945 1945, No. 22 Copyright Act, 1801 1801, c. 107 Copyright Act, 1836 1836, c. 110 Copyright (Preservation) Act, 1929 1929, No. 25 Industrial and Commercial Property (Protection) (Amendment) Act, 1957 1957, No. 13 Copyright Act, 1911 1911, c. 46
Number 10 of 1963.
COPYRIGHT ACT, 1963.
AN ACT TO MAKE NEW PROVISION IN RESPECT OF COPYRIGHT AND RELATED MATTERS, IN SUBSTITUTION FOR THE PROVISIONS OF PARTS VI AND VII OF THE INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) ACT, 1927 , AND OTHER ENACTMENTS RELATING THERETO, AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID. [8th April, 1963.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I. Preliminary and General.
	Short title and commencement.	1.—(1) This Act may be cited as the Copyright Act, 1963.
	(2) This Act shall come into operation on such day as the Minister may by order appoint; and different days may be appointed for the purposes of different provisions of this Act, and, for the purposes of any provision of this Act whereby enactments are repealed, different days may be appointed for the operation of the repeal in relation to different enactments, including different enactments in the same Act.
	Interpretation generally.	2.—(1) In this Act, except in so far as the context otherwise requires—
	“the Act of 1927” means the Industrial and Commercial Property (Protection) Act, 1927 ;
	“adaptation” in relation to a literary, dramatic or musical work, has the meaning assigned to it by section 8 of this Act;
	“artistic work” has the meaning assigned to it by section 9 of this Act;
	“building” includes any structure;
	“cinematograph film” has the meaning assigned to it by section 18 of this Act;
	“construction” includes erection, and references to reconstruction shall be construed accordingly;
	“Controller” means the Controller of Industrial and Commercial Property appointed under the Industrial and Commercial Property (Protection) Act, 1927 ;
	“dramatic work” includes a choreographic work or entertainment in dumb show if reduced to writing in the form in which the work or entertainment is to be presented, but does not include a cinematograph film, as distinct from a scenario or script for a cinematograph film;
	“drawing” includes any diagram, map, chart or plan;
	“engraving” includes any etching, lithograph, woodcut, print or similar work not being a photograph;
	“future copyright” and “prospective owner” have the meanings assigned to them by section 49 of this Act;
	“judicial proceeding” means a proceeding before any court, tribunal or person having by law power to hear, receive and examine evidence on oath;
	“literary work” includes any written table or compilation;
	“manuscript”, in relation to a work, means the original document embodying the work, whether written by hand or not;
	“the Minister” means the Minister for Industry and Commerce;
	“performance” includes delivery, in relation to lectures, addresses, speeches and sermons, and in general, subject to the provisions of subsection (5) of this section, includes any mode of visual or acoustic presentation, including any such presentation by the operation of wireless telegraph apparatus, or by the exhibition of a cinematograph film, or by the use of a record, or by any other means, and references to performing a work or an adaptation of a work shall be construed accordingly;
	“photograph” means any product of photography or of any process akin to photography, other than a part of a cinematograph film, and “author”, in relation to a photograph, means the person who, at the time when the photograph is taken, is the owner of the material on which it is taken;
	“qualified person” has the meaning assigned to it by section 7 of this Act;
	“Radio Éireann” means the broadcasting authority established by virtue of section 3 of the Broadcasting Authority Act, 1960 ;
	“record” means any disc, tape, perforated roll or other device in which sounds are embodied so as to be capable (with or without the aid of some other instrument) of being automatically reproduced therefrom, and references to a record of a work or other subject-matter are references to a record (as herein defined) by means of which it can be performed;
	“reproduction”, in the case of a literary, dramatic or musical work, includes a reproduction in the form of a record or of a cinematograph film, and, in the case of an artistic work includes a version produced by converting the work into a three-dimensional form, or, if it is in three dimensions, by converting it into a two-dimensional form, and references to reproducing a work shall be construed accordingly;
	“sculpture” includes any cast or model made for purposes of sculpture;
	“sound recording” has the meaning assigned to it by section 17 of this Act;
	“sufficient acknowledgement” has the meaning assigned to it by section 12 of this Act;
	“television broadcast” and “sound broadcast” have the meanings assigned to them by section 19 of this Act;
	“wireless telegraphy apparatus” has the same meaning as “apparatus for wireless telegraphy” has in the Wireless Telegraphy Act, 1926...