The exceptions to retroactive protection referred to in paragraph I of Section 38 of Part VIII of the Irish Copyright Act are to be found in the First Schedule of the Act which relates to Transitional Provisions. (A copy of the First Schedule of the Act is attached).
(i)The interpretation of these provisions is a matter for the Courts and, as far as we can ascertain, there has been no case law on these transitional provisions in the Irish courts. Until such time as there is, the interpretation of the precise content of the provisions will have to remain open.
(ii)The Performers' Protection Act, 1968 does not apply to pre-existing performances.
