FAQ Category: FAQs on Copyright

Irish copyright law in general recognises that the author of a copyright work is entitled to expect that copyright in a work will first vest in the author. Irish law allows that author in whom copyright vests to deal freely in that work by sale or licence of the copyright and to dispose of the copyright in a will. In a practical sense, a rights holder may allow free use to others by licences or declarations that he or she will not seek to assert copyright ownership. The Copyright and Related Rights Act, 2000 (CRRA 2000) contains a number of mechanisms to offset ownership rights with access and free use rights for educational establishments, researchers, students, etc.

Copyright and related rights address separate but overlapping subject matter and interests that are recognised and protected under Irish law. Writers and composers, for example, enjoy copyright in original compositions, while the actors and performers who give effect to those copyright works enjoy related rights in respect of their contributions. Both copyright and performance rights can be remunerative and psychological — recognition, for instance. While a worldwide consensus about the nature of copyright is underpinned by Treaty law, greater differences exist at national level in relation to related rights. EU law, however, has effected a large measure of uniformity. As a basic rule, any infringement of a copyright or related right should be pursued in the legal system of the country or state where the unlawful act (e.g. copying) took place.

Fair use is a legal concept that allows the reproduction of copyrighted material for certain purposes without obtaining permission and without paying a fee or royalty. Purposes permitting the application of fair use generally include review, news reporting, teaching, or scholarly research. Extending fair use in any way could affect the earning potential of copyright music.