The Copyright and Related Rights Act 2000 sets out the rights of copyright owners, penalties for infringement of copyright and moral rights.
Copyright law protects:
original literary, dramatic, musical and artistic works
film, sound recordings, broadcasts and the typographical arrangement of published editions
computer software and non-original databases and
performances
What is copyright for?
Copyright address the need for creators to retain control over their ideas and to receive fair compensation for the use of their work. It is illegal to use works of art without the consent of the artist or his/her Rights Organisation. Copyright remains with the artist even when the physical artwork is sold. The only way to transfer copyright ownership is in writing.
Protection is automatic
There is no system of registration of copyright protection in Ireland as copyright arrises automatically on the creation of an original work. You do not need to publish your work, to put a copyright notice on it or do anything else to be covered by copyright – protection is free and automatic. It is still advisable to assert your copyright whenever possible using the copyright symbol (c), your name, and the year of creation.
A work is protected automatically from the time it is first written down or recorded in some way, provided that it has resulted from the creator’s skill and effort and is not simply copied from another work.
The fact that there is no system of registration of copyright means that it can be difficult for the potential user of a work to find the artist in order to seek permission.
How long does copyright last?
In Ireland, and throughout the European Union, copyright lasts for the creators lifetime plus 70 years.
Legal rights of copyright owners
Economic rights
Subject to certain exceptions, copyright gives the creator the right to prevent others from exploiting the work in various ways, without permission. The forms restricted exploitation include, copying the work; making the work available to the public; distributing the work; renting or lending it (excluding public lending in some cases); and translating, arranging or adapting the work. Because the copyright in an original work remains with the visual artist, even after the sale of the original piece, these restrictions enable an artist to charge a fee, or royalty for the subsequent reproduction of the work.
Moral Rights
The moral rights of interest to authors are: the paternity right (the right to be identified as the author of the work), the integrity right (the right to prevent mutilation, distortion or other derogatory alteration of the work) and the right of false attribution (the right not to have a work falsely attributed to you).
Assigning and licensing rights
Copyright owners can assign or licence their rights. Assigning rights means someone else becomes the owner of the copyright; licensing means another person can use the work for the licensed purpose. Assignments and licenses can apply to all the rights in the material or to just some of the rights. For example an artist may give an assignment or licence to reproduce their work in a publication but retain all other rights.
If you create a work in the course of your employment, then your employer is the first owner of the copyright unless there is some agreement to the contrary.
Using the copyright material of others
Copyright material cannot be used without permission, with the exception of a small number of legally permitted acts. This bundle of exceptions is known as “Fair Dealing” and includes the following -
Research or Private study, provided the use does not prejudice the rights of the copyright owner.
Criticism or review or reporting current events, provided that the work is accompanied by an acknowledgement identifying the author and title of the work.
Incidental inclusion, for example, an artwork featuring in the background of a TV programme.
All other uses require the permission of the artist before using their material. Consent is normally given in the form of a licence which authorises the use of the copyright material for a particular purpose.
See our Links page for further copyright related resources.
Copyright
The Copyright and Related Rights Act 2000 sets out the rights of copyright owners, penalties for infringement of copyright and moral rights.
Copyright law protects:
What is copyright for?
Copyright address the need for creators to retain control over their ideas and to receive fair compensation for the use of their work. It is illegal to use works of art without the consent of the artist or his/her Rights Organisation. Copyright remains with the artist even when the physical artwork is sold. The only way to transfer copyright ownership is in writing.
Protection is automatic
There is no system of registration of copyright protection in Ireland as copyright arrises automatically on the creation of an original work. You do not need to publish your work, to put a copyright notice on it or do anything else to be covered by copyright – protection is free and automatic. It is still advisable to assert your copyright whenever possible using the copyright symbol (c), your name, and the year of creation.
A work is protected automatically from the time it is first written down or recorded in some way, provided that it has resulted from the creator’s skill and effort and is not simply copied from another work.
The fact that there is no system of registration of copyright means that it can be difficult for the potential user of a work to find the artist in order to seek permission.
How long does copyright last?
In Ireland, and throughout the European Union, copyright lasts for the creators lifetime plus 70 years.
Legal rights of copyright owners
Economic rights
Subject to certain exceptions, copyright gives the creator the right to prevent others from exploiting the work in various ways, without permission. The forms restricted exploitation include, copying the work; making the work available to the public; distributing the work; renting or lending it (excluding public lending in some cases); and translating, arranging or adapting the work. Because the copyright in an original work remains with the visual artist, even after the sale of the original piece, these restrictions enable an artist to charge a fee, or royalty for the subsequent reproduction of the work.
Moral Rights
The moral rights of interest to authors are: the paternity right (the right to be identified as the author of the work), the integrity right (the right to prevent mutilation, distortion or other derogatory alteration of the work) and the right of false attribution (the right not to have a work falsely attributed to you).
Assigning and licensing rights
Copyright owners can assign or licence their rights. Assigning rights means someone else becomes the owner of the copyright; licensing means another person can use the work for the licensed purpose. Assignments and licenses can apply to all the rights in the material or to just some of the rights. For example an artist may give an assignment or licence to reproduce their work in a publication but retain all other rights.
If you create a work in the course of your employment, then your employer is the first owner of the copyright unless there is some agreement to the contrary.
Using the copyright material of others
Copyright material cannot be used without permission, with the exception of a small number of legally permitted acts. This bundle of exceptions is known as “Fair Dealing” and includes the following -
All other uses require the permission of the artist before using their material. Consent is normally given in the form of a licence which authorises the use of the copyright material for a particular purpose.
See our Links page for further copyright related resources.