Ireland has implemented the Incidental inclusion (Art. 5.3(i) InfoSoc) exception in Section 52 of the Copyright and Related Rights Act. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the inclusion of a work in another work in an incidental manner, as well as for the making available to the public of copies of the resulting material. The use must not unreasonably prejudice the interests of the owner of the copyright.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • not specified (use must be incidental)

Usage:

  • inclusion of a work in another work (in an incidental manner)

Subject Matter:

  • works
  • performances
  • recordings
  • press publications

Compensation:

  • no compensation required

Attribution:

  • no attribution required

Other Conditions:

  • the use must not unreasonably prejudice the interests of the owner of the copyright

Introduced/last updated: 19 January 2004

Remarks: In Ireland there is no overall distinction made between works of authorship and related rights. Certain provisions are stated to apply to some but not all rights holders - for example moral rights are granted only to authors of literary, dramatic, musical, artistic works and film. However in general the provisions relating to ownership, duration, permitted acts, dealings and so forth, apply in the absence of a specific exclusion to every 'work', with ‘work’ defined as a literary, dramatic, musical or artistic work, sound recording, film, broadcast, cable programme, typographical arrangement or a published edition, or an original database, and includes a computer programme. Performances and works protected by the database right are dealt with separately to the main scheme. (see Linda Scales in ‘Ireland’ (2019), B Lindner and T Shapiro (eds), Copyright in the Information Society, Elgar Intellectual Property Law and Practice, 471)

The exception extends to performances and recording as per Section 222 CA and since 19 November 2021 - to press publications as per section 13(4) of S.I. No 567 of 2021.