- in order to infringe the author’s copyright, a ‘substantial’ part of the work must have been copied. However, users are often reluctant to rely on this exemption as a few bars of music would likely satisfy this threshold to constitute an infringement of the reproduction right;
- in relation to the making available rights under Irish law (which includes the right of communication to the public) posting the music on an online platform would bring the work before a ‘new public’ and thus infringe;
- there are further exceptions under the CRRA 2000 for ‘fair dealing’ (e.g. for the purposes of research or private study; or for criticism, review or for reporting current events). In all cases the use must be conducted in a way that does not prejudice the rights of the copyright owner. In the case of the latter, provided further that the use of the work is accompanied by an acknowledgement identifying the author and title of the work; and
- the use of the author’s works for certain educational purposes is permitted.
FAQs on Copyright
The questions have been put together by representatives of consumers’ interests. National copyright experts from the 28 EU Member States provided answers under their respective jurisdiction. The European Observatory coordinates this work in the context of its Working Groups.
What does copyright and related rights mean and cover, and is it the same all over the world?
Who owns copyright and how does copyright benefit creators, rights holders(s), consumers, society, economy and culture as a whole?
Do I automatically get copyright protection, for example, if I take a photograph with my phone, or do I have to register my work to get protection?
What is copyright infringement? Can I get in trouble for copyright infringement? What if I wasn’t aware that I infringed something protected by copyright?
Under which conditions can I use a work protected by copyright created by another? I was told that using works created by others is simply a quote and thus is always allowed.
Am I allowed to use music protected by copyright as a soundtrack for a home video that I made and want to upload on a video platform?
Am I allowed to give a copy of a work protected by copyright to a family member or a friend?
Am I allowed to download a work protected by copyright from the internet and does it matter which technology is used and whether I download only parts of the work?
- fair dealing for the purpose of research or private study (provided the use is conducted in a way that does not prejudice the rights of the copyright owner);
- fair dealing for the purpose of criticism or review (provided the use is conducted in a way that does not prejudice the rights of the copyright owner and provided further that the use of the work is accompanied by an acknowledgement identifying the author and the title of the work);
- fair dealing, (save for a photograph) for the purpose of reporting current events;
- reproduction, etc. for educational uses (several);
- libraries and certain educational establishments may also lend works without infringing the rights of the author;
- use of quotations or extracts with sufficient acknowledgment that does not prejudice the interests of the owners.