Ireland

[IE] Copyright Review Committee Publishes Consultation Paper

IRIS 2012-4:1/30

Damien McCallig

School of Law, National University of Ireland, Galway

On 29 February 2012 the Copyright Review Committee published Copyright and Innovation: A Consultation Paper. The Committee was established in May 2011 to examine the current copyright legislative framework in Ireland and to identify any areas of the legislation that might be deemed to create barriers to innovation (see IRIS 2011-7/27).

The aim of the Consultation Paper is to begin the process of identifying possible reforms to Irish copyright law in order to further innovation, without denying protection to those who require copyright law in order to innovate. The Consultation Paper is based on submissions received by the Committee arising from their initial public consultation process which closed in June 2011. In the 182-page submission-led paper the Committee:

- Considers the intersection of innovation and copyright by defining innovation and sketching an outline of copyright principles (Chapter 2);

- Provides a classification of submissions received (Chapter 2);

- Explores the possible establishment of a Copyright Council of Ireland (Chapter 3);

- Considers the position of rightsholders and collecting societies (Chapters 4 and 5);

- Considers the position of intermediaries, users, entrepreneurs and heritage institutions (Chapters 6 to 9);

- Considers the doctrine of fair use (Chapter 10); and

- Provides proposed draft statutory provisions (Appendix IV).

Each chapter is set out as a discussion document that explores various options on foot of which the Committee poses specific questions. All eighty-six questions posed in the Consultation Paper are compiled in Appendix III. The Committee invites further submissions on these questions and on any of the issues raised by the Consultation Paper. The Closing date for submissions is 13 April 2012.

The Committee will then evaluate the further submissions and prepare a Final Report to be submitted to the Government. The Committee intend providing the draft heads of a Copyright and Related Rights (Innovation) (Amendment) Bill 2012, in their Final Report in order to implement their recommendations.