Intellectual Property Unit: Copyright and Related Rights

Copyright Review 2011 - 12

This section contains information regarding the Copyright Review 2011-12 which is being conducted by the Copyright Review Committee. Details of the First Consultation on the Review of the Copyright and Related Rights Act 2000, which took place during the summer of 2011, are outlined. The submissions received by the Committee are available to download. In February 2012, the Committee published an interim Consultation Paper on Copyright and Innovation, which is also available to download, and called for further submissions. Information is available on the Committee members as well as their work.

European Union (Copyright and Related Rights) Regulations 2012 (S.I. No. 59 of 2012)

The Minister for Jobs, Enterprise and Innovation, Mr Richard Bruton, T.D., in exercise of the powers conferred on him 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 2001, has made Regulations, entitled European Union (Copyright and Related Rights) Regulations 2012 (S.I. No. 59 of 2012)(PDF, 109KB).

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.

European Communities (Artist’s Resale Right) (Amendment)Regulations 2011 (S.I. No.709 of 2011)

Richard Bruton, Minister for Jobs, Enterprise and Innovation in exercise of the powers conferred on him by section 3 of the European Communities Act 1972 (No. 27 of 1972) has made Regulations, S.I. No.709 of 2011 (PDF, 111KB), on 22 December 2011.

These Regulations extend the artist’s resale right to those to whom a resale right is transmitted (or deemed to be transmitted) after the death of the author of an original work of art. The right is extended for a period of 70 years after the death, in respect of sales whose contract date is on or after the 1 January 2012.

The artist’s resale right allows the creators of original works of visual and plastic art, through a system of royalty payments, to benefit from resales of those works when they are sold through the professional art market.

Copies of these Regulations may be obtained from the Government Publications Sale Office, Sun Alliance House, Molesworth Street, Dublin 2 or by mail order from Government Publications, Postal Trade Section, Unit 20 Lakeside Retail Park, Claremorris, Co Mayo. (Tel: 01-6476834 or 1890 213434; Fax: 094-9378964 or 01 6+476843. Price €2.54.

Copyright and Related Rights Act 2000 (Notice of Seizure) Regulations 2009

Mr Conor Lenihan, Minister for Minister for Science, Technology, Innovation and Natural Resources, in exercise of the powers conferred on him by Sections 7, 133(9), 257(9) and 338 of the Copyright and Related Rights Act 2000, has made Regulations, entitled Copyright and Related Rights Act 2000 (Notice of Seizure) Regulations 2009 (S.I. No. 440 of 2009) (PDF, 89KB), on 5th November 2009

The purpose of these Regulations is to prescribe the form of the notice, to be given at the time of seizure, to the owner, occupier or person in charge of the place where infringing copies, illicit recordings, protection-defeating devices or articles associated with making infringing copies or illicit recordings, as the case may be, are seized under Section 133 or Section 257 of the Copyright and Related Rights Act 2000.

Copies of these Regulations may be obtained from the Government Publications Sale Office, Sun Alliance House, Molesworth Street, Dublin 2 or by mail order from Government Publications, Postal Trade Section, Unit 20 Lakeside Retail Park, Claremorris, Co Mayo (Tel: 01-6476834 or 1890 213434; Fax: 094-9378964 or 01-6476843). Price €2.54"

Copyright and Related Rights (Proceedings before the Controller) Rules 2009 (SI No. 20 of 2009)

Jimmy Devins, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on him by section 363(1) of the Copyright and Related Rights Act 2000 (No. 28 of 2000) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2008 (S.I. No 288 of 2008) made Rules entitled the Copyright and Related Rights (Proceedings before the Controller) Rules 2009 (SI No. 20 of 2009) (PDF, 133KB), on 28 January 2009.

The purpose of these Rules is to prescribe the procedures to be observed and the fees payable in relation to proceedings before the Controller of Patents, Designs and Trade Marks under the Copyright and Related Rights Act 2000 (No 28 of 2000).

Copies of these Rules may be obtained from the Government Publications Sale Office, Sun Alliance House, Molesworth Street, Dublin 2 or by mail order from Government Publications, Postal Trade Section, Unit 20 Lakeside Retail Park, Claremorris, Co Mayo. Fax (01) 6476843. Price €4.06.

Copyright and Related Rights (Register of Licensing Bodies for Performers’ Property Rights) Regulations 2008 (SI No. 306 of 2008)

These Regulations prescribe certain matters concerning the form and manner of the Register of Licensing Bodies for performers’ property rights, to be established under the provisions of Part III Chapter 8 of the Copyright and Related Rights Act 2000, as provided for by section 280 of that Act.

Copyright and Related Rights (Amendment) Act 2007

The Copyright and Related Rights (Amendment) Act 2007 (PDF, 316KB), as well as the Irish version of the Copyright and Related Rights (Amendment) Act 2007(leagan gaeilge) (PDF, 304KB), was signed by the President on 4^th December 2007 and became law on that day.

This legislation regularised the position in Ireland on lending through the public library system in line with the EU Directive on Rental and Lending (92/100/EEC). The directive required the creation of an exclusive right (i.e. the right of the author to authorise or prohibit) in respect of the public lending of copyright works. This exclusive right can, however, be substituted by a right to remuneration whereby the author would effectively receive a royalty payment for the lending of his or her work.

Under this Act, authors were conferred with an exclusive right to allow the lending of their works in public libraries. Equally, the legislation provided for the establishment, under Regulations made by the Minister for the Environment, Heritage and Local Government, of a Public Lending Remuneration scheme under which authors will receive a royalty payment for the lending of their works. The scheme concerned was launched by Minister of State, Michael Kitt T.D. on 3^rd March 2009.