Commons:Copyright rules by territory/Ireland
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Copyright rules: Ireland Shortcut: COM:IRELAND | |
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| Durations | |
|---|---|
| Standard | Life + 70 years |
| Anonymous | Publish + 70 years |
| Audiovisual | Life + 70 years |
| Other | |
| Freedom of panorama | For 3D works and "works of artistic craftsmanship" |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-old-auto}} {{PD-IrishGov}} |
| Treaties | |
| Berne convention | 5 October 1927 |
| Univ. Copyright Convention | 20 January 1959 |
| WTO member | 1 January 1995 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 14 March 2010 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Ireland relevant to uploading works into Wikimedia Commons. Note that any work originating in Ireland must be in the public domain, or available under a free license, in both Ireland and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Ireland, refer to the relevant laws for clarification.
Governing laws
Ireland has been a member of the Berne Convention since 5 October 1927, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 14 March 2010.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright and Related Rights Act, 2000 (No. 28 of 2000) as the main copyright law enacted by the legislature of Ireland.[1] WIPO holds the text of this law in their WIPO Lex database.[2] This act was amended by the Copyright and Related Rights (Amendment) Act 2004, which made it clear that a work could be displayed in public without violating copyright.[3] It was further amended by the Copyright and Related Rights (Amendment) Act 2007, which clarified the position on lending by public libraries.[4]
General rules
Under the Copyright and Related Rights Act, 2000 (No. 28 of 2000),
- The copyright in a literary, dramatic, musical or artistic work, or an original database expires 70 years after the death of the author, irrespective of the date on which the work is first lawfully made available to the public.[28/2000 Sec.24(1)]
- The copyright in a work specified in subsection (1) which is anonymous or pseudonymous expires 70 years after the date on which the work is first lawfully made available to the public.[28/2000 Sec.24(2)]
- In respect of an anonymous or pseudonymous work (a) where the pseudonym adopted by the author leaves no doubt as to his or her identity, (b) where the author discloses his or her identity, or (c) where his or her identity becomes known during the 70 years from the date on which the work is first lawfully made available to the public, the copyright in that work expires 70 years after the death of that author.[28/2000 Sec.24(3)]
- Subject to subsection 25(2), the copyright in a film expires 70 years after the last of the following persons dies, namely: (a) the principal director of the film; (b) the author of the screenplay of the film; (c) the author of the dialogue of the film; (d) the author of music specifically composed for use in the film.[28/2000 Sec.25(1)]
- Where a film is first lawfully made available to the public during the period of 70 years following the death of the last of the persons specified in subsection (1), the copyright in that film expires 70 years after the date of such making available.[28/2000 Sec.25(2)]
- The copyright in a sound recording expires (a) 50 years after the sound recording is made, or (b) where it is first lawfully made available to the public during the period specified in paragraph (a), 50 years after the date of such making available.[28/2000 Sec.26]
- The copyright in a broadcast expires 50 years after the broadcast is first lawfully transmitted.[28/2000 Sec.27(1)]
- The copyright in a cable programme expires 50 years after the cable programme is first lawfully included in a cable programme service.[28/2000 Sec.28(1)]
- The copyright in a typographical arrangement of a published edition expires 50 years after the date on which it is first lawfully made available to the public.[28/2000 Sec.29]
- Where a term of copyright is provided for in this Act, the term shall be calculated from the first day of January of the year following the event that gives rise to that term.[28/2000 Sec.35]
Government copyright
- Where a work is made by an officer or employee of the Government or of the State, in the course of his or her duties, the work qualifies for copyright protection.[28/2000 Sec.191(1)]
- The Government shall be the first owner of the copyright in a work to which subsection (1) applies.[28/2000 Sec.191(2)]
- Government copyright in a work shall expire 50 years from the end of the calendar year in which the work was made.[28/2000 Sec.191(4)]
- Where a work is made by or under the direction or control of either or both of the Houses of the Oireachtas, the work qualifies for copyright protection.[28/2000 Sec.193(1)]
- Oireachtas copyright in a work shall expire 50 years from the end of the calendar year in which the work was made.[28/2000 Sec.193(3)]
Copyright tags
See also: Commons:Copyright tags
- {{PD-IrishGov}} – Irish government works are generally released to the public domain 50 years after creation.
- {{PD-Ireland-anon}} – For works whose author remains unknown and at least 70 years have passed since it was available to the public.
Currency
See also: Commons:Currency
Not OK Irish pre-euro money and the Irish side of euro coins are copyrighted. According to the Copyright Law of 2000, Chapter 24: Copyright: Legal Tender; Irish coins and bank notes are copyrighted, even if issued before that provision became effective.[28/2000 Sec.200(3)]
That is, older coins and bank notes are retroactively placed under copyright. The copyright on legal tender is perpetual, i.e. does not expire at all.
The act applies to all coins and banknotes issued since 1926.[28/2000 Sec.200(9)]
Euro banknotes are, however, free to use; see {{Money-EU}}.
De minimis
See also: Commons:De minimis
Under the Copyright and Related Rights Act, 2000 (No. 28 of 2000),
- The copyright in a work is not infringed by its inclusion in an incidental manner in another work.[28/2000 Sec.52(1)]
- A work shall not be regarded as included in an incidental manner in another work where it is included in a manner where the interests of the owner of the copyright are unreasonably prejudiced.[28/2000 Sec.52(3)]
According to Pascal Kamina, the Irish legislation is similar to the legislation in the United Kingdom from 1988.[5]
Freedom of panorama
See also: Commons:Freedom of panorama
OK for 3D works {{FoP-Ireland}}- OK for 2D "works of artistic craftsmanship" {{FoP-Ireland}}
- Not OK for other types of artistic works
Under the Copyright and Related Rights Act, 2000 (No. 28 of 2000), Section 93,
- This section applies to the copyright in (a) buildings, and (b) sculptures, models for buildings and works of artistic craftsmanship, where permanently situated in a public place or in premises open to the public.[28/2000 Sec.93(1)]
- The copyright in a work to which this section applies is not infringed by (a) making a painting, drawing, diagram, map, chart, plan, engraving, etching, lithograph, woodcut, print or similar thing representing it, (b) making a photograph or film of it, or (c) broadcasting or including in a cable programme service, an image of it.[28/2000 Sec.93(2)]
- The copyright in a work to which this section applies is not infringed by the making available to the public of copies of anything the making of which is not, by virtue of this section, an infringement of the copyright in the work.[28/2000 Sec.93(3)]
The Copyright and Related Rights (Amendment) Act 2004 clarified the position:
- For the avoidance of doubt, no infringement of any right created by this Part in relation to an artistic or literary work occurs by reason of the placing on display the work, or a copy thereof, in a place or premises to which members of the public have access.[28/2000-2004 Sec.40(7(a))] This does not, however, allow distribution of copies of artistic works.
Irish law is in this respect modeled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be identical. See COM:FOP UK for more details.
Threshold of originality
See also: Commons:Threshold of originality
Unknown
Despite uncertainty on the required level of originality needed to qualify for copyright protection, images that have been retained on Commons include:
| Image | Description | Discussion |
|---|---|---|
|
ISPCA official logo | Commons:Deletion requests/File:ISPCA official logo.png |
Stamps
See also: Commons:Stamps
Irish stamps issued by the Department of Posts and Telegraphs before 1984 are official works and those over 50 years old are in the public domain (published before 1 January 1974). Use {{PD-IrishGov}} to tag them. Since 1 January 1984, when An Post was established Irish stamps are copyright to the company.
See also
Citations
- ↑ a b Ireland Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-11.
- ↑ Copyright and Related Rights Act, 2000 (No. 28 of 2000). Ireland (2000). Retrieved on 2018-11-11.
- ↑ Copyright and Related Rights (Amendment) Act 2004. Ireland (2004). Retrieved on 2018-11-12.
- ↑ Copyright and Related Rights (Amendment) Act 2007. Ireland (2007). Retrieved on 2018-11-12.
- ↑ (2002) Film Copyright in the European Union, Cambridge University Press, p. 278 29DSe2bcDyUC