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Ireland

Copyright and Related Rights Act, 2000 (as amended).

Copyright exception history

0%20%40%60%80%100%199019952000200520102015202020251990: 100%1991: 100%1992: 100%1993: 100%1994: 100%1995: 100%1996: 100%1997: 100%1998: 100%1999: 100%2000: 100%2001: 100%2002: 100%2003: 100%2004: 100%2005: 100%2006: 100%2007: 100%2008: 100%2009: 100%2010: 100%2011: 100%2012: 100%2013: 100%2014: 100%2015: 100%2016: 100%2017: 100%2018: 100%2019: 100%2020: 100%2021: 100%2022: 100%2023: 100%2024: 100%2025: 100%YearOpenness score (%)

Selected year snapshot

For 1990, the active event in this file is Copyright Act 1963.

100%

Current rationale

The Copyright Act 1963 (No. 10 of 1963) was the copyright statute in force in Ireland on 1990-01-01. Section 12 of the 1963 Act provided a fair dealing exception for the purposes of research or private study. The term 'fair dealing' in the common-law tradition covers any act restricted by copyright (not only reproduction), and the provision was not limited to specific user classes or specific categories of works. This maps to GREEN: fair dealing for research/private study, covering any use of any work by any user. However, the full verbatim text of Section 12 of the 1963 Act could not be retrieved via web search — only the existence and general scope of the provision could be confirmed from the WIPO Lex record and secondary references. The classification is based on the well-established structure of the 1963 Act's fair dealing provision, which followed the UK Copyright Act 1956 model.

Exceptions considered

Section 12100%Fair DealingMost permissive

Fair dealing with a work for the purposes of research or private study — covers any act restricted by copyright, any work, any user

Section 12100%Fair Dealing

Fair dealing for criticism or review

Law changes

Copyright Act 1963

Baseline · Effective 1964-09-01

100%

Relevant section: Section 12

Dates: Effective 1964-09-01 · Enacted 1963-07-10

Why this score

The Copyright Act 1963 (No. 10 of 1963) was the copyright statute in force in Ireland on 1990-01-01. Section 12 of the 1963 Act provided a fair dealing exception for the purposes of research or private study. The term 'fair dealing' in the common-law tradition covers any act restricted by copyright (not only reproduction), and the provision was not limited to specific user classes or specific categories of works. This maps to GREEN: fair dealing for research/private study, covering any use of any work by any user. However, the full verbatim text of Section 12 of the 1963 Act could not be retrieved via web search — only the existence and general scope of the provision could be confirmed from the WIPO Lex record and secondary references. The classification is based on the well-established structure of the 1963 Act's fair dealing provision, which followed the UK Copyright Act 1956 model.

Exceptions considered

Section 12100%Fair DealingMost permissive

Fair dealing with a work for the purposes of research or private study — covers any act restricted by copyright, any work, any user

Section 12100%Fair Dealing

Fair dealing for criticism or review

Source links

Copyright and Related Rights Act, 2000

Relevant update · Effective 2001-01-01

100%

Relevant section: Sections 50, 51, 63

Dates: Effective 2001-01-01 · Enacted 2000-11-16

Why this score

Section 50 of the Copyright and Related Rights Act 2000 provides a fair dealing exception for research or private study. The definition of 'fair dealing' in s.50(4) is 'the making use of' the listed works — this covers any act restricted by copyright, not only reproduction. The exception applies to literary, dramatic, musical, artistic works, sound recordings, films, broadcasts, cable programmes, non-electronic original databases, and typographical arrangements — essentially all categories of works protected by copyright. It is open to any user (not restricted to institutions or individuals acting privately — 'research' and 'private study' are separate purposes). The term 'fair dealing' in Irish/UK-tradition copyright law covers any exclusive right. Computer programs are excluded from fair dealing by s.50(5), but this does not change the classification because the exception still permits full-work reproduction and use for all other categories of works. The lawful-availability requirement in s.50(4) is a classification-neutral factor. Section 63 provides additional library/archive copying provisions. Uses: any use ('making use of'). Works: all categories except computer programs. Users: any user. This maps to GREEN.

Exceptions considered

Section 50100%Fair DealingMost permissive

Fair dealing with works for the purposes of research or private study — covers 'making use of' works (any exclusive right), all work types except computer programs, any user

Section 51100%Fair Dealing

Fair dealing for the purposes of criticism or review

Section 6340%Library Institutional

Copying by librarians and archivists — permits librarians/archivists to supply copies for research or private study under specified conditions

Original text

Source links

European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021

Relevant update · Effective 2021-11-12

100%

Relevant section: Regulation 3 (inserting Sections 106A–106D into the 2000 Act)

Dates: Effective 2021-11-12 · Enacted 2021-11-12

Why this score

S.I. No. 567 of 2021 transposed the EU Digital Single Market Directive (2019/790) into Irish law by inserting new sections into the Copyright and Related Rights Act 2000. The new provisions include a TDM exception (transposing Articles 3 and 4 of the DSM Directive). Section 106A permits reproductions and extractions of lawfully accessible works for the purposes of text and data mining by research organisations and cultural heritage institutions (Article 3 transposition). Section 106B permits reproductions and extractions for TDM by any person with lawful access, subject to a rights-holder opt-out (Article 4 transposition). These TDM provisions add to the existing fair dealing exception in Section 50, which remains in force. The overall classification remains GREEN because Section 50 (fair dealing for research or private study covering any use of any work by any user) was already GREEN, and the new TDM provisions further strengthen the position. The TDM provisions on their own would be GREEN as well (covering reproduction and extraction — which includes communication of results — for any user under s.106B). The verbatim text of the inserted sections could not be fully retrieved via web search, but the structure and scope are confirmed from the statutory instrument record.

Exceptions considered

Section 50100%Fair DealingMost permissive

Fair dealing for research or private study — unchanged, covers any use of any work (except computer programs) by any user

Section 106A (as inserted)40%Tdm

TDM exception for research organisations and cultural heritage institutions — permits reproductions and extractions for TDM purposes

Section 106B (as inserted)80%Tdm

General TDM exception for any person with lawful access, subject to rights-holder opt-out — permits reproductions and extractions

Section 51100%Fair Dealing

Fair dealing for criticism or review

Section 6340%Library Institutional

Copying by librarians and archivists for research or private study

Source links

Copyright and Related Rights Act, 2000 (as amended)

Current law confirmation · Effective 2025-01-01

100%

Relevant section: Sections 50, 51, 63, 106A, 106B

Dates: Effective 2025-01-01

Why this score

As of 2025, the Copyright and Related Rights Act 2000 (as amended) remains in force. The most permissive research-relevant exception is Section 50 (fair dealing for research or private study). Analysis across three dimensions: (1) Uses: 'fair dealing' is defined as 'the making use of' works — this covers any act restricted by copyright, including reproduction, communication, and making available, not only copying. (2) Works: the exception covers literary, dramatic, musical, artistic works, sound recordings, films, broadcasts, cable programmes, non-electronic original databases, and typographical arrangements — essentially all categories of copyright works. Computer programs are excluded from fair dealing by s.50(5), but this is a narrow carve-out that does not change the overall classification. (3) Users: the exception is open to any person — 'research' and 'private study' are stated as separate purposes, and neither is restricted to a particular class of user. The provision is not qualified by 'private' or 'personal' in a way that restricts the user class for research purposes. Additionally, TDM-specific exceptions in Sections 106A and 106B (inserted by S.I. No. 567 of 2021) provide further permissions for text and data mining. The non-commercial restriction in s.106A and the opt-out mechanism in s.106B are classification-neutral factors. The lawful-availability requirement in s.50(4) is also classification-neutral. Overall classification: GREEN.

Exceptions considered

Section 50100%Fair DealingMost permissive

Fair dealing for research or private study — 'making use of' works (any exclusive right), all work types except computer programs, any user

Section 51100%Fair Dealing

Fair dealing for criticism or review — covers any use for criticism/review with sufficient acknowledgement

Section 6340%Library Institutional

Copying by librarians and archivists — permits supply of copies to researchers under specified conditions

Section 106A40%Tdm

TDM exception for research organisations and cultural heritage institutions — reproductions and extractions for TDM of lawfully accessible works for scientific research purposes

Section 106B80%Tdm

General TDM exception — reproductions and extractions for TDM by any person with lawful access, subject to rights-holder opt-out

Original text

Source links