Understanding Copyright in the Context of Traditional Music
There is a common misconception that copyright law restricts public access to cultural and artistic traditions, particularly in the case of folk or traditional music. In fact, the purpose of copyright is not to suppress creativity but to encourage it—by granting creators exclusive rights to their original works for a limited period. These rights provide an incentive to create, invest in, and share artistic expression.
Under international standards, including the Berne Convention for the Protection of Literary and Artistic Works—which is recognised by WIPO (World Intellectual Property Organization) and adopted by over 180 countries—copyright typically lasts for the lifetime of the creator plus 70 years. After this term, the work enters the public domain, where it can be freely used, adapted, and performed without restriction.
Arranging Public Domain or Non-Copyright Works
Once a work enters the public domain, it may be freely reused by anyone. However, if a person creates a new arrangement or adaptation of such a work, that specific arrangement may be eligible for copyright protection in its own right—provided it demonstrates sufficient originality.
For example, classical composers such as Beethoven, Brahms, Dvořák, and Vaughan Williams frequently incorporated traditional folk melodies into new compositions, transforming them into wholly original works. Similarly, in modern genres, traditional tunes from the Appalachian region, derived from Irish, Scottish, and English sources, laid the foundation for contemporary country and bluegrass music.
The Berne Convention (Article 2, Paragraph 3) explicitly recognises this right:
“Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works without prejudice to the copyright in the original work.”
Thus, while the original traditional tune remains in the public domain, a specific, documented arrangement of that tune can attract its own copyright—provided it is fixed in a tangible form (e.g., sheet music, a digital file, or a sound recording).
Copyright and Traditional Irish Music
Much of Irish traditional music belongs to the public domain. These tunes have been passed down orally over generations and often lack a known composer. Because they are no longer under copyright—or never were—they can generally be performed, shared, or adapted freely.
However, original arrangements or recorded performances of traditional music may be protected. For example:
- A written arrangement that adds harmony, structure, or instrumentation to a traditional tune may be considered an original work.
- A recording of a traditional tune—particularly where unique interpretation or instrumentation is involved—may be protected as a sound recording or performance under neighbouring rights.
It is important to note, however, that performance-based ornamentation or variation alone does not constitute a new copyrightable work unless it is fixed in a reproducible form such as sheet music or audio recording.
Key Takeaways
- Traditional music in the public domain can be used freely, but new arrangements or recordings may be protected by copyright.
- Fixation and originality are key requirements for copyright to apply to an arrangement.
- Performance embellishments, unless recorded or written down, generally do not attract copyright protection.
- The Berne Convention and WIPO provide the international framework for understanding these protections.
If you are working with traditional music and wish to ensure your rights are protected—or that you are using works lawfully—it’s advisable to consult a solicitor with expertise in copyright and intellectual property law.
FAQs on Copyright
These questions were developed by representatives of consumer interests, with the aim of addressing common concerns about copyright. National copyright experts from all 28 EU Member States provided jurisdiction-specific answers. This work is coordinated by the European Observatory on Infringements of Intellectual Property Rights, within the framework of its dedicated Working Groups.
What does copyright and related rights mean and cover, and is it the same all over the world?
Copyright and related rights protect distinct but interconnected creative and performance interests under Irish law. For example, writers and composers hold copyright in their original musical or literary works, while performers such as actors and musicians are granted related rights in recognition of their performances that bring those works to life.
Both types of rights can be financially and personally rewarding — not only providing remuneration, but also ensuring recognition and attribution for creative contributions.
While there is broad international consensus on the principles of copyright, anchored by international treaties such as the Berne Convention and TRIPS Agreement, related rights vary more significantly between jurisdictions. However, European Union law has harmonised many of these rights across Member States, including Ireland, through a series of directives aimed at ensuring consistency and clarity.
As a general rule, any infringement of copyright or related rights must be addressed under the laws of the country where the infringement occurred — meaning that legal action is typically pursued in the jurisdiction where the unauthorised act, such as copying or distribution, took place.
Who owns copyright and how does copyright benefit creators, rights holders(s), consumers, society, economy and culture as a whole?
Irish copyright law recognises the fundamental principle that the author of an original work is the first owner of copyright in that work. Once established, the author — or rights holder — has full legal authority to manage those rights, including the ability to sell, Licence, or bequeath them through a will.
In practical terms, a rights holder may also choose to grant permission for others to use the work freely, either through formal licensing arrangements or by issuing a declaration waiving enforcement of copyright claims in certain contexts.
The Copyright and Related Rights Act, 2000 (CRRA 2000) provides a legislative framework that balances the rights of creators with broader societal interests. It includes specific provisions that allow for limited use of copyrighted works without the rights holder’s permission in contexts such as education, research, and personal study. These exceptions aim to promote access and knowledge-sharing while respecting the legitimate rights of creators.
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?
Irish copyright law does not require the registration of copyright ownership or related rights. This absence of a formal registration system — and the associated fees — simplifies the process for creators, offering automatic protection as soon as a qualifying work is fixed in a tangible form.
However, while no bureaucratic process is needed to obtain copyright, rights holders must still be prepared to demonstrate that their work meets the legal threshold of originality. In any dispute over ownership or infringement, it may also be necessary to provide evidence of the time, date, and place of creation. Maintaining clear, dated records of drafts, recordings, and development materials can be crucial in such cases.
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?
Copyright infringement occurs when a person uses a protected work without the permission of the copyright holder. This includes copying the work, publicly sharing or making it accessible to others (such as by uploading it to a website), adapting it into a new form, or distributing or selling copies of it without authorisation.
Knowingly engaging in such actions may constitute a criminal offence under Irish law, particularly where the infringement is deliberate and carried out for commercial gain. In addition to criminal liability, civil proceedings may be brought by the rights holder, and the resulting financial penalties can be substantial.
Importantly, claiming that the infringement was unintentional or carried out in ignorance is not a valid legal defence. Users are expected to understand and respect the rights of creators, and failure to do so can have serious legal consequences.
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.
Irish copyright law provides a wide range of mechanisms through which users can lawfully access and use copyrighted works, primarily through licensing schemes. These licences enable educational, research, and cultural institutions—as well as individuals—to engage with protected works under defined conditions.
However, the scope for free or unremunerated use is more limited when it comes to online or commercial applications. Rights holders often withhold authorisation for such uses unless appropriate compensation is provided, reflecting their legitimate interest in controlling and monetising the distribution of their works.
That said, Ireland’s copyright legislation does provide meaningful exceptions. Section 52(4) of the Copyright and Related Rights Act 2000 (CRRA 2000) outlines a broad quotation exception. This permits the use of extracts from copyrighted works without payment, provided that the use is fair, properly attributed, and for purposes such as criticism, review, or research. No remuneration is required under this provision, making it one of the more user-friendly exceptions in Irish copyright law.
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?
In short: No—not without proper authorisation.
Under Irish copyright law, using music protected by copyright as a soundtrack in a home video and uploading it to a video-sharing platform (e.g. YouTube, Vimeo, TikTok) without permission from the rights holder is very likely to constitute copyright infringement.
Irish law, specifically the Copyright and Related Rights Act 2000 (CRRA 2000), protects several key rights of creators, including:
- The reproduction right (copying the music)
- The adaptation right (altering the music or combining it with visuals)
- The communication to the public right (uploading and sharing the content online)
Uploading a video that includes copyrighted music—without a licence—infringes all three of these rights.
Additionally, moral rights are protected under Irish law. These rights allow authors and performers to be properly credited and to object to derogatory treatment of their work. Including their performance in a video without consent may infringe these rights as well.
What About Exceptions for User-Generated Content (UGC)?
Irish copyright law does not contain a specific exception for UGC. Any defence must rely on the general exceptions already available in the CRRA 2000. These include:
- Substantiality threshold: Copyright is only infringed if a “substantial” part of the work is used. However, even a few seconds of music can meet this threshold, especially for well-known songs.
- Communication to a new public: Posting music online—especially in a new context—can constitute communication to a “new public,” which typically requires authorisation.
- Fair dealing exceptions: These are narrowly drawn and only apply in limited circumstances, such as:
- Research or private study
- Criticism or review
- News reporting
- Certain educational uses
In all cases, the use must not prejudice the legitimate interests of the copyright holder and proper attribution is typically required.
Am I allowed to give a copy of a work protected by copyright to a family member or a friend?
No—not without permission from the copyright holder.
Under Irish law, there is no legal exception for private copying that would allow individuals to reproduce or distribute copyrighted works—even for non-commercial purposes such as sharing with friends or family.
This means that making a copy of a protected work (such as a song, book, film, or software) and giving it to someone else, even a close relative, is considered an unauthorised reproduction and distribution, and therefore an infringement of copyright.
Unlike in some other jurisdictions (e.g. certain EU countries that have introduced limited private copying exceptions), Ireland does not permit this kind of copying unless specifically authorised by the rights holder through a licence or other legal agreement.
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?
In general, downloading a copyrighted work without permission is an infringement of copyright under Irish law — regardless of the technology used or whether the entire work or just a part of it is downloaded.
Downloading typically constitutes copying, which is a restricted act under the Copyright and Related Rights Act 2000 (CRRA 2000). This applies whether you download an entire work or only a “substantial part” of it.
What Counts as a “Substantial Part”?
Irish copyright law does not define “substantial” purely by volume. Instead, it is judged qualitatively. Even a small excerpt may be considered substantial if it contains the core or recognisable elements of the work (such as a song’s hook or a film’s key scene).
For example:
A few bars of a distinctive melody could qualify as substantial.
Copying the “main theme” or capturing the essence of a work can lead to liability.
This is assessed case-by-case, and users should be cautious when relying on the idea of “insubstantial copying” as a defence.
When Is Downloading Permitted?
Downloading may be lawful in certain situations:
1. With the Rights Holder’s Permission
Express consent: For example, where a licensing agreement (such as a Creative Commons licence or terms of service on a legal platform) clearly permits downloading.
Implied consent: In limited cases, it might be argued that the absence of prohibitive terms on a website suggests permission. However, this is legally uncertain in Ireland and should not be relied upon.
2. Under Statutory Exceptions (Fair Dealing and Others)
Irish copyright law includes limited exemptions where downloading might be legal:
- Fair dealing for research or private study, provided it doesn’t prejudice the rights of the copyright owner.
- Fair dealing for criticism or review, with proper attribution (author and title).
- Fair dealing for reporting current events (excluding photographs).
- Use for educational purposes, in specified contexts (e.g. classroom use).
- Library and archival use, under defined conditions.
- Quotation or extract use, with sufficient acknowledgment and no harm to the rights holder’s interests.
Each of these exceptions is narrowly interpreted and often subject to conditions, such as:
- Use must be fair and proportionate.
- The purpose must fall clearly within the statutory exceptions.
- Proper attribution must be given.
Conclusion
Downloading any copyrighted material from the internet without a clear legal basis — whether in full or in part — can constitute copyright infringement, with potential civil and even criminal consequences.
To stay on the right side of the law:
- Only download from reputable sources that clearly grant permission.
- Familiarise yourself with statutory exceptions and their limitations.
When in doubt, seek legal advice or use content that is in the public domain or Licenced under open content licences (e.g. Creative Commons).
I tried to copy a movie from a DVD to my computer, but could not do it because of something called ‘Technical Protection Measures’. What is that and am I allowed to get around them in order to make private copies?
Technical Protection Measures (TPMs) are technological tools designed to control, restrict, or prevent access to and use of digital content on electronic devices. Common examples include encryption and digital locks on DVDs, Blu-rays, and other digital media formats. TPMs help copyright owners protect their works from unauthorized copying and distribution.
Under both European Union and Irish copyright law, copyright owners have the legal right to apply TPMs to their works. Importantly, circumventing or bypassing TPMs is illegal, even if your intention is to make a private copy for personal use.
Unlike some other jurisdictions, Irish law does not provide an exemption allowing private copying that involves breaking TPMs. This means you cannot legally bypass these protections to copy or convert content from protected DVDs or other media.
Am I infringing copyright if I watch a movie by streaming it instead of downloading it from the internet?
Under Irish law, streaming is not explicitly addressed as a separate category, but watching content streamed without the rights holders’ permission may still infringe copyright. Specifically, unauthorized streaming could potentially violate both the reproduction right and the making available right.
While the legal question of whether streaming constitutes an act of reproduction has not been definitively settled in Ireland by statute or case law, Section 40 of the Copyright and Related Rights Act 2000 (CRRA 2000) grants copyright owners the exclusive right to control how their works are made available to the public. This includes:
“making available to the public of copies of the work, by wire or wireless means, in such a way that members of the public may access the work from a place and at a time chosen by them (including the making available of copies of works through the Internet).” (Section 40(1)(a), CRRA 2000)
Therefore, rights holders could rely on this provision to assert copyright infringement if their works are streamed without authorization.
It is important to note that streaming content via Licenced platforms—such as Netflix, Spotify, or other legitimate services—is legal because these services have obtained the necessary permissions from rights holders.
Currently, Irish law does not provide specific defenses for consumers in relation to unauthorized streaming.
If copyright-protected works are included into my posts automatically by social media platforms, am I responsible for this and is this a copyright infringement? What if I link to them or embed them in my own website or blog?
Under Irish law, copyright infringement is governed by the Copyright and Related Rights Act 2000 (CRRA 2000). There are no specific provisions that uniquely address social media, so any posting or reposting of copyrighted works owned by others must comply with general copyright rules.
If copyrighted content is automatically included in your social media posts by the platform itself (for example, through automatic sharing features), liability may be less clear and could depend on the specific circumstances and platform terms. However, as a user, you should remain cautious about sharing content without the rights holder’s permission, as unauthorized use could still lead to infringement claims.
Linking to copyright-protected works generally does not constitute infringement under Irish law, as courts typically follow principles established by EU law. Embedding content on your website or blog is more complex and can sometimes be considered making the work available to the public, which might require authorization from the rights holder.
Additionally, Internet Service Provider (ISP) liability and enforcement measures are regulated by Statutory Instrument No. 59/2012. This includes procedures that allow rights holders to seek injunctions to block access to infringing content and can lead to ISPs terminating access for repeat infringers under graduated response policies.
In summary, while linking is usually lawful, uploading or embedding copyrighted content without permission carries risks, and users should be mindful of copyright laws and platform policies.
When I create a work and upload it online, terms and conditions of many sites ask for me to transfer my copyright to the site. Does that mean I lose all those rights in them for the future?
Under Irish law, the transfer of copyright or related rights online is governed by both copyright law and general contract law principles. Whether you lose your rights—and to what extent—depends largely on the specific terms of the agreement or licence you accept when uploading your work.
Such transfers can vary widely in scope, duration, and purpose. Some agreements may grant the website a full assignment (permanent transfer) of your copyright, while others provide only a licence allowing limited use, such as distribution, display, or reproduction for a specified period. It is crucial that the terms be clearly and carefully drafted to define the rights you are granting and any obligations or limitations.
If the website breaches the terms of the agreement or uses your work beyond what you agreed to, copyright law provides strong remedies under the Copyright and Related Rights Act 2000 (CRRA 2000). These remedies often go beyond those available under standard contract law, giving creators additional protection in cases of infringement.
In summary, uploading your work online does not automatically mean you lose all rights forever—it depends on the exact terms of the contract or licence you accept. Always review terms carefully before agreeing and seek legal advice if unsure.
My avatar is based on my favourite movie star, cartoon character or sports club. Can I get in trouble for infringement of copyright or any other legislation because of this?
Irish law currently does not provide specific guidance or legislation directly addressing avatars or virtual representations in online or virtual worlds. However, the use of an avatar closely resembling a copyrighted character, a trademarked logo, or the likeness of a real person may raise legal issues under existing intellectual property laws.
For example:
Copyright: Characters from movies, cartoons, and other creative works are protected by copyright. Using an avatar that replicates these characters without permission could infringe the copyright owner’s exclusive rights.
Trademark: Using logos or symbols associated with sports clubs or brands might infringe trademark rights if used in a way that could cause confusion or imply endorsement.
Personality Rights and Data Protection: Using the likeness of a real person, such as a movie star or athlete, could potentially infringe on their personality rights or rights of publicity, which protect against unauthorized commercial use of one’s image or identity.
While enforcement in virtual spaces can be complex, rights holders may take legal action if they believe their intellectual property or personal rights are being infringed.
To avoid potential legal issues, it’s advisable to create original avatars or seek permission to use existing characters or likenesses.
How do I know whether a work is offered legally or illegally online?
Irish law does not provide specific criteria or indicators to determine whether a work offered online is legally authorised or infringing copyright. As such, it can be challenging to distinguish between legitimate and unauthorized copies based solely on their online availability.
To help assess the legality of online content, consider the following:
Check if the content is offered by official or reputable sources (e.g., authorized streaming platforms, publishers, or distributors).
- Look for clear licensing information or terms of use provided by the website.
- Be cautious of sites offering copyrighted works for free that are usually paid or subscription-based elsewhere.
- Avoid downloading or streaming content from suspicious or unknown websites, as this increases the risk of accessing illegal copies.
When in doubt, seek content from trusted services or platforms that have proper licensing agreements with rights holders.
What is meant by the term ‘Fair Use’
Fair use is a legal doctrine that permits the limited use of copyrighted material without the need to obtain permission from the rights holder or to pay royalties. It is designed to balance the rights of creators with the public interest in accessing and using works for specific purposes.
While the term fair use is more commonly associated with U.S. law, the equivalent concept under Irish law is known as fair dealing. Under Irish copyright law, certain exceptions allow the use of copyrighted material without permission for purposes such as:
Criticism or review
News reporting
Private study or research
Educational use
Each case is assessed individually, and the use must not prejudice the legitimate interests of the rights holder. It’s important to note that these exceptions are narrowly interpreted, and unauthorized use that undermines the commercial value of the work — such as extensive copying or uncredited use — is unlikely to qualify as fair dealing.
Extending the scope of such exceptions too broadly could undermine the economic rights of creators, particularly in sectors like music, where royalties are a significant source of income.