29^th February 2012

The Minister for Research and Innovation, Sean Sherlock TD, today (Wednesday) announced the signing into law of the European Union (Copyright and Related Rights) Regulations 2012 (copy attached) and urged all interested parties to focus now on making Ireland a model of international best practice for innovation, and ensuring that our copyright laws facilitate the achievement of this goal. Minister Sherlock also launched the next stage of the Copyright Review Committee review of Ireland’s copyright legislation, aimed at removing barriers to innovation.

Commenting on the Statutory Instrument, the Minister acknowledged the desire of some interested parties that it be more detailed and more prescriptive. However he re-stated that the High Court now has significant guidance from the European Court of Justice on the implementation of the measure, and will have to ensure any remedy provided will uphold the following principles:

Freedom to conduct a business enjoyed by operators such as ISPs;

The absolute requirement that an ISP cannot be required to carry out general monitoring on the information it carries on its network;

Any measures must be fair and proportionate and not be unnecessarily complicated or costly;

The fundamental rights of an ISPs’ customers must be respected, namely their right to protection of their personal data and their freedom to receive or impart information.

 

Making the announcement today, the Minister said:

“I believe that in Ireland we must build on our very substantial achievements in the creative and digital media industry, and become a model of international best practice for innovation in this area. Ireland is home to some of the world’s most innovative Internet companies, and we are determined to grow our reputation as a location where smart people and smart companies can innovate in this fast-moving arena.

“On many previous occasions I have outlined the reasons why it is necessary for us to proceed to sign this Statutory Instrument in order to ensure compliance with our obligations under EU law. As there are clearly many diverse interests, it is important that interested parties come together and work in a constructive way to map the path forward. For this reason I am particularly anxious that the consultation paper launched today is studied and comprehensively responded to by all interested parties.”

“The challenge now is to examine what measures we can take to develop Ireland’s laws in this area in such a way as to provide the greatest possible encouragement for innovation in the creative and digital industries to take place here.”

“This is a very complex area of law, which affects industries that are developing at lightning pace, and where the interests of many diverse and changing parties interact with each other. My ambition to make Ireland a model of international best practice in this area will not be easily achieved, and as this debate develops I urge all interested parties on all sides to come together and work in a constructive and realistic way to the benefit of all.”

“In that context, I am happy to launch the consultation paper of the Copyright Review Committee. I am committed to reviewing and updating the Copyright legislation currently in place in order to strike the correct balance between encouraging innovation and protecting creativity. This paper has been prepared by the Copyright Review Committee in response to submissions received and public engagement. I urge all interested parties, including information providers and ISPs, innovators, rights holders, consumers and end-users, to study it carefully and engage in a constructive debate on all the issues”.

“This is a valuable opportunity for all interested parties to express their views and to make a meaningful contribution towards shaping the future development of Irish copyright law. I am confident that the work being carried out by the Copyright Review Committee, with the interaction and input of the interested parties, will result in establishing Irish copyright law on a firm footing to encourage innovation, foster creativity and meet the challenges of the future with confidence”.

NOTES TO EDITORS

Minister Sherlock will be available to speak to the media on these issues at 4.30pm at the Department of Jobs, Enterprise and Innovation, Kildare Street, Dublin 2. For further details please contact the Press Office, Department of Jobs, Enterprise and Innovation, on 01-6312200 or press.office@djei.ie 

An independent Copyright Review Committee was established on 9^th May, 2011:

to examine the present national Copyright legislation and identifying any areas that are perceived to create barriers to innovation;

to identify solutions for removing these barriers and make recommendations as to how these solutions might be implemented through changes to national legislation;

to examine the US style ‘fair use’ doctrine to see if it would be appropriate in an Irish/EU context;

and if it transpires that national copyright legislation requires to be amended but cannot be amended (bearing in mind that Irish copyright legislation is bound by EU Directives on copyright and other international obligations), make recommendations for changes to the EU Directives that will eliminate the barriers to innovation and optimise the balance between protecting and promoting and facilitating innovation.

 

The membership of the independent Committee is Dr Eoin O’Dell (Trinity College Dublin) (Chair), Patricia McGovern (DFMG Solicitors, Dublin), and Prof Steve Hedley (University College Cork). The wide-ranging consultation paper launched today was prepared by the Committee, taking into account its terms of reference, the submissions received on foot of a public consultation held during the summer of 2011, and a public meeting where these issues were debated.

 

The Consultation Paper is available to download at the following link:

http://www.djei.ie/science/ipr/crc_statement.htm

 

Ends.

The text of the Regulations is as follows:

STATUTORY

INSTRUMENTS.

S.I.

No. 59

of

2012

————————

EUROPEAN UNION (COPYRIGHT AND RELATED RIGHTS) REGULATIONS S.I. No. 59 of 2012

S.I. No. of 2012 EUROPEAN UNION (COPYRIGHT AND RELATED RIGHTS)

REGULATIONS

2012

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2011, hereby make the following regulations:

1. These Regulations may be cited as the European Union (Copyright and Related Rights) Regulations 2012.

2. The Copyright and Related Rights Act 2000 (No. 28 of 2000) is amended

—

In section 40, by inserting the following subsection after subsection (5):

“(5A) (a) The owner of the copyright in a work may, in respect of that work, apply to the High Court for an injunction against an intermediary to whom paragraph 3 of Article 8 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2011 on the harmonisation of certain aspects of copyright and related rights in the information society applies.

In considering an application for an injunction under this subsection, the court shall have due regard to the rights of any person likely to be affected by virtue of the grant of any such injunction and the court shall give such directions (including, where appropriate, a direction requiring a person be notified of the application) as the court considers appropriate in all of the circumstances.”,

and

In section 205, by inserting the following subsection after subsection (9):

“(9A) (a) The rights owner of any right conferred by Parts III and IV may, in respect of that right, apply to the High Court for an injunction against an intermediary to whom paragraph 3 of Article 8 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 20011 on the harmonisation of certain aspects of copyright and related rights in the information society applies.

(b) In considering an application for an injunction under this subsection, the court shall have due regard to the rights of any person likely to be affected by virtue of the grant of any such injunction and the court shall give such directions (including,

where appropriate, a direction requiring a person be notified of the application) as the court considers appropriate in all of the circumstances.”

GIVEN under my Official Seal,

29^th February 2012.

RICHARD BRUTON,

Minister for Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations clarify that an injunction may be sought against an intermediary to whom Article 8 (3) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society applies. Article 8(3) requires that rightholders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe a copyright or related right.