The Copyright Review Committee publishes a Consultation Paper on copyright and innovation and calls for further submissions
Extensions of time for Copyright Review
Please note that due to a number of requests for an extension of time, the Copyright Review Committee has decided to extend the closing date for receipt of submissions to 5.00pm on Thursday 31 May 2012.
The Chair of the Copyright Review Committee, Dr Eoin O'Dell, has today (Tuesday, 29 May 2012) announced a limited extension of time for submissions to the Committee.
The Copyright Review Committee has today published a wide-ranging Consultation Paper (PDF, 1.4MB) which examines the current Copyright legislative framework to identify any areas of the legislation that might be deemed to create barriers to innovation.
The fundamental aim of this Paper is to begin the process of sketching reforms to Irish copyright law to further innovation without denying protection to those who need copyright law to innovate.
The Copyright Review Committee was established on 9th May 2011 by Mr Richard Bruton, TD, Minister for Jobs, Enterprise and Innovation with the following terms of reference:
- Examine the present national Copyright legislation and identify any areas that are perceived to create barriers to innovation.
- Identify solutions for removing these barriers and make recommendations as to how these solutions might be implemented through changes to national legislation.
- Examine the US style ‘fair use’ doctrine to see if it would be appropriate in an Irish/EU context.
- 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 the European Communities Directives on Copyright and Related Rights 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 creativity 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. SteveHedley (University College, Cork).
The Consultation Paper is a discussion document which sets out issues and concerns which were expressed to the Committee in submissions from a broad spectrum of interested parties on foot of a consultation, including a public meeting, held last summer. The Committee explores various options to address these concerns in the light of the Terms of Reference and the Paper also poses questions on these matters.
Some of these questions are broadly categorised under headings such as (i) rights-holders; (ii) collecting societies; (iii) intermediaries; (iv) users; (v) entrepreneurs; (vi) heritage institutions and (vii) fair use. The Committee would stress that the issues and concerns explored in the Paper do not, in any way, represent settled conclusions on its part but rather they are provided for the purpose of stimulating further discussion.
To this end, the Committee is establishing a further consultation process based on the issues and concerns addressed in the Consultation Paper and are inviting further submissions from all affected or concerned by the issues raised in the Paper including information providers and ISPs, innovators, rights-holders, consumers and end-users. The Committee will then evaluate the further submissions and prepare a Final Report to be submitted to the Government.
The Committee looks forward to the next round of submissions and to producing a final Report which it is hoped will lead to establishing Irish copyright law on a firm footing to encourage innovation, foster creativity and meet the challenges of the future with confidence.
The Chair of the Committee, Dr Eoin O'Dell, emphasised that "the process is only at half-time at this stage. We have raised questions and proposed some draft statutory language for the purposes of discussion, to invite a further round of submissions. We were delighted at the number and quality of the first round submissions, and we are looking forward to more of the same. Our Consultation Paper was led by the submissions which we received; and our Final Report will be submission-led too".
In welcoming the publication today of the Consultation Paper “Copyright and Innovation”, Minister for Research and Innovation, Mr Sean Sherlock, TD, called on all interested parties to engage fully with the on-going work of the Copyright Review Committee. Accordingly, the Minister strongly encourages all those interested in these matters to give careful study to the Consultation Paper and to put forward their views to the Copyright Review Committee.
Both Ministers also wish to express their gratitude and appreciation to the members of the Copyright Review Committee for their expertise, commitment and time freely given to this onerous task.
The Consultation Paper (PDF, 1.4MB) is available to download.
A public meeting on copyright and innovation will be held on Saturday 24 March 2012, from 10:00am until 12:00 noon, in Trinity College, Dublin.
The closing date for submissions on the Consultation Paper will be Friday 13 April 2012 [Extension of time for Copyright Review: Please note that due to a number of requests for an extension of time, the Copyright Review Committee has decided to extend the closing date for receipt of submissions to 5.00pm on Thursday 31st May 2012. On 29 May 2012, the Chair of the Copyright Review Committee, Dr Eoin O'Dell announced a limited extension of time for submissions to the Committee.]
Submissions, or expressions of interest in attending the public meeting, should be emailed to firstname.lastname@example.org or posted to Copyright Review, Room 517, Department of Jobs, Enterprise and Innovation, Kildare Street, Dublin 2.
Any questions regarding the Review should be emailed to the email@example.com or phone 01 6312587
Format of Submissions
Respondents are requested to make their submissions in writing and, where possible, by email. With regard to the latter, respondents are requested to ensure that electronic submissions are furnished in an unprotected format.
Confidentiality of Submissions
Contributors are requested to note that it is the Department’s policy to treat all submissions received as being in the public domain unless confidentiality is specifically requested. Respondents are, therefore, requested to clearly identify material they consider to be confidential and to place same in a separate annex to their response, labelled “confidential”. Where responses are submitted by email, and those emails include automatically generated notices stating that the content of same should be treated as confidential, contributors should clarify in the body of their emails as to whether their comments are to be treated as confidential.
Relevant provisions of Freedom of Information Act 1997 (as amended)
Respondents’ attention is drawn to the fact that information provided to the Department may be disclosed in response to a request under the Freedom of Information Act. Therefore, should you consider that any information you provide is commercially sensitive, please identify same, and specify the reason for its sensitivity. The Department will consult with any potentially affected respondent regarding information identified as sensitive before making a decision on any Freedom of Information request.
Publication of Submissions
Please note that it is intended to post all submissions as soon as possible after receipt on the Copyright Review website for the purposes of encouraging engagement, unless confidentiality is specifically requested.
29 February 2012
Last modified: 31/05/2012