Copyright law of Ireland

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Copyright law of Ireland is applicable to most typical copyright situations (films, sound recordings books etc.). Protection expires 70 years after the death of the author/creator. Irish law includes a provision for "fair dealing," similar to that used by other countries. In 2012,[ needs update ] a copyright law was proposed that Wired compared to SOPA and suggested could pass without parliamentary vote.[ clarification needed ] [1] [2]

Contents

History

Irish copyright law is subject to EU directive 2001/29/EC – Harmonisation of certain aspects of copyright and related rights in the information society , most of the provisions of which were transposed into Irish law under the Copyright and Related Rights Act 2000. Irish copyright law was brought into further compliance with the EU directive by the amendment act European Communities (Copyright and Related Rights) Regulations 2004.

The 2000 Act repeals much earlier Irish copyright law, but not all. Related acts are referenced in section 10 of the 2000 Act, and these may also be accessed online in the Irish Statute Book. [3]

Until 93/98/EEC the term of copyright protection on a work was the life of the author and 50 years after death.

From the foundation of the State to 1927, when the first Irish copyright law was passed, there were holes in Irish copyright law.[ clarification needed ]

Duration

Broadly, Irish copyright applies to books for seventy years from the end of the year of death of the author, editor or creator. The term for films is also seventy years, but the expiry conditions are more complex.

Unless it is specifically stated in the contract commissioning the work, ownership will vest in the first owner of copyright which will be the person or organisation that was asked to create the work. [4] Notwithstanding the ownership of the copyright, where the employer is a newspaper or periodical, the author may use the work freely for any purpose other than publication in another newspaper or periodical.

Where a work is genuinely anonymous or pseudonymous, copyright expires seventy years from the end of the year of creation.

Recordings, broadcast and cable programmes

Sound recordings, and broadcast and cable programmes, are protected for fifty years from first transmission. Musicians' copyright was extended from 50 to 70 years by the Irish Government in 2013. [5]

Typographical arrangements

The arrangement of a publication is protected for fifty years.

Any work created by any officer or employee of the Irish Government or State is protected by Government copyright, which is regulated somewhat differently from general Irish copyright law, and which lasts fifty years from the end of the year in which the work is created. The position of State companies is not clear, so, for example, Ordnance Survey mapping up to the reconstitution of OSi as a state company is copyright for fifty years, while mapping published after that time may, or may not, be subject to a longer term.

Since 2005 Government organisations, local authorities and state-sponsored bodies are obliged by law to have a permissive reuse policy for copyrighted material under the Directive on the re-use of public sector information. [6] [7] The Government has a dedicated website on the re-use of public sector information at psi.gov.ie.

Any Bill or Act of the Oireachtas is protected by Oireachtas copyright for fifty years from the end of the year in which it was made available lawfully to the public. Any work made by or under the direction of a House or Houses of the Oireachtas enjoys similar protection, the copyright vesting in the relevant House, or Houses jointly.

Despite most DVDs' and video cassettes' copyright warnings in Ireland claiming that performance in schools is prohibited, Irish copyright law has a provision that showing "for the purposes of instruction" (i.e. for educational purposes) does not constitute infringement of the copyright of the work.

General expiry

A work whose copyright term is not calculated from the author's death and which is not lawfully made available to the public within 70 years of creation, loses copyright protection.

The publisher of any publication in Ireland must deliver within one month of publication copies of the work to the National Library of Ireland, the British Library, and the libraries of Trinity College Dublin, Dublin City University, the University of Limerick, and of the four constituent universities of the National University of Ireland; these nine bodies do not need to request such copies. Where such a publication is a serial work, a copy of every issue must be provided. In addition, four other libraries, those of the Universities of Oxford and Cambridge, and the National Libraries of Scotland and Wales, may require copies to be provided to them. All of the named bodies may also require an electronic copy of the work, which must be provided if it exists. [8]

See also

Related Research Articles

A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.

The copyright law of the European Union is the copyright law applicable within the European Union. Copyright law is largely harmonized in the Union, although country to country differences exist. The body of law was implemented in the EU through a number of directives, which the member states need to enact into their national law. The main copyright directives are the Copyright Term Directive, the Information Society Directive and the Directive on Copyright in the Digital Single Market. Copyright in the Union is furthermore dependent on international conventions to which the European Union or their member states are part of, such as TRIPS Agreement or the Berne Convention.

<span class="mw-page-title-main">Copyright Duration Directive</span>

Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights is a European Union directive in the field of EU copyright law, made under the internal market provisions of the Treaty of Rome. It was replaced by the 2006 Copyright Term Directive (2006/116/EC).

The history of copyright starts with early privileges and monopolies granted to printers of books. The British Statute of Anne 1710, full title "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned", was the first copyright statute. Initially copyright law only applied to the copying of books. Over time other uses such as translations and derivative works were made subject to copyright and copyright now covers a wide range of works, including maps, performances, paintings, photographs, sound recordings, motion pictures and computer programs.

A database right is a sui generis property right, comparable to but distinct from copyright, that exists to recognise the investment that is made in compiling a database, even when this does not involve the "creative" aspect that is reflected by copyright. Such rights are often referred to in the plural: database rights.

Legal deposit is a legal requirement that a person or group submit copies of their publications to a repository, usually a library. The number of copies required varies from country to country. Typically, the national library is the primary repository of these copies. In some countries there is also a legal deposit requirement placed on the government, and it is required to send copies of documents to publicly accessible libraries.

Copyright in the Netherlands is governed by the Dutch Copyright Law, copyright is the exclusive right of the author of a work of literature or artistic work to publish and copy such work.

<span class="mw-page-title-main">Database Directive</span> Directive of the European Union regarding copyright law

The Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases is a directive of the European Union in the field of copyright law, made under the internal market provisions of the Treaty of Rome. It harmonises the treatment of databases under copyright law and the sui generis right for the creators of databases which do not qualify for copyright.

<span class="mw-page-title-main">Legal Deposit Libraries Act 2003</span> United Kingdom legislation

The Legal Deposit Libraries Act 2003 is an Act of the Parliament of the United Kingdom which regulates the legal deposit of publications in the United Kingdom. The bill for this Act was a private member's bill. This Act was passed to update the legislation on legal deposit to reflect the digital age.

Publication right is a type of copyright granted to the publisher who first publishes a previously unpublished work after that work's original copyright has expired. It is in almost all respects the same as standard copyright, but excludes moral rights. Publication right is mainly found in the law of European countries and has no direct correspondence in US copyright law. Within the European Union, not all countries originally had such a right, and where it was provided terms varied, but in 1993 national laws were required to be harmonized by EU Directive 93/98/EEC to provide standard period of protection of 25 years from first publication.

<span class="mw-page-title-main">Copyright, Designs and Patents Act 1988</span> United Kingdom law

The Copyright, Designs and Patents Act 1988, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received royal assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents.

In copyright law, related rights are the rights of a creative work not connected with the work's actual author. It is used in opposition to the term "authors' rights". Neighbouring rights is a more literal translation of the original French droits voisins. Both authors' rights and related rights are copyrights in the sense of English or U.S. law.

<span class="mw-page-title-main">Computer Programs Directive</span> EU copyright directive

The European Union Computer Programs Directive controls the legal protection of computer programs under the copyright law of the European Union. It was issued under the internal market provisions of the Treaty of Rome. The most recent version is Directive 2009/24/EC.

<span class="mw-page-title-main">Copyright and Related Rights Regulations 2003</span> United Kingdom legislation

The Copyright and Related Rights Regulations 2003 transpose the Information Society Directive "(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)",, into United Kingdom law. As such, its main effects are to modify the Copyright, Designs and Patents Act 1988 c. 48 with minor consequential modifications to other Acts and secondary legislation.

The rule of the shorter term, also called the comparison of terms, is a provision in international copyright treaties. The provision allows that signatory countries can limit the duration of copyright they grant to foreign works under national treatment to no more than the copyright term granted in the country of origin of the work.

Crown copyright is a type of copyright protection. It subsists in works of the governments of some Commonwealth realms and provides special copyright rules for the Crown, i.e. government departments and (generally) state entities. Each Commonwealth realm has its own Crown copyright regulations. There are therefore no common regulations that apply to all or a number of those countries. There are some considerations being made in Canada, UK, Australia and New Zealand regarding the "reuse of Crown-copyrighted material, through new licences".

<span class="mw-page-title-main">Copyright and Information Society Directive</span> 2001 European Union Directive on Copyright

The Copyright and Information Society Directive 2001 is a directive in European Union law that was enacted to implement the WIPO Copyright Treaty and to harmonise aspects of copyright law across Europe, such as copyright exceptions. The directive was first enacted in 2001 under the internal market provisions of the Treaty of Rome.

Under the law of the United Kingdom, a copyright is an intangible property right subsisting in certain qualifying subject matter. Copyright law is governed by the Copyright, Designs and Patents Act 1988, as amended from time to time. As a result of increasing legal integration and harmonisation throughout the European Union a complete picture of the law can only be acquired through recourse to EU jurisprudence, although this is likely to change by the expiration of the Brexit transition period on 31 December 2020, the UK has left the EU on 31 January 2020. On 12 September 2018, the European Parliament approved new copyright rules to help secure the rights of writers and musicians.

References

  1. Solon, Olivia (26 January 2012). "It Ain't Over: 'Ireland's SOPA' To Pass Without Parliamentary Vote". Wired . Retrieved 26 January 2012.
  2. Staff (2011). "S.I. No. 337/2011 — European Communities (Electronic Communications Networks and Services) (Universal Service and Users' Rights) Regulations 2011". Irish Statute Book . Retrieved 27 January 2012.
  3. Irish Statute Book
  4. "Frequently Asked Questions". Irish Patents Office. Archived from the original on 13 July 2010.
  5. http://newsmedianews.com/diarch.php?subaction=showfull&id=1383659094&ucat=10,39&archive=1385860695&template=Headlines&#disqus_thread [ dead link ]
  6. "S. I. No. 279 of 2005 European Communities (Re-Use of Public Sector Information Regulations 2005". Government of Ireland. 2005. Retrieved 8 December 2012.
  7. "S. I. No. 103 of 2008 European Communities (Re-Use of Public Sector Information) (Amendment) Regulations 2008". Government of Ireland. 2008. Retrieved 11 December 2012.
  8. "Copyright and Related Rights Act, 2000". Irishstatutebook.ie. Retrieved 17 December 2021.