Irish report recommends copyright changes

An Irish committee has released a report aimed at improving copyright protection and has proposed the formation of an independent body to oversee copyright issues and changes to the country’s court system.

The report, Modernising Copyright, aims to reduce barriers to innovation, and support jobs and growth, with a focus on the digital industry.

It was released on October 29 by Richard Bruton TD, minister for enterprise and innovation, and Sean Sherlock, minister for state research and innovation, and was compiled by the country’s Copyright Review Committee (CRC).

The CRC was set-up by Bruton in 2011 to identify areas of copyright which may need reform and to propose suggested changes.

It is made up of two law professors, Eoin O’Dell and Steve Hedley, as well as Patricia McGovern, head of the IP department at DFMG Solicitors in Dublin.

The report calls for the formation of a Copyright Council of Ireland to protect rights holders.

It says the council will be, “based on principal objects that ensure the protection of copyright,” and will encourage innovation.

The council, if implemented, would be independent and self-funding.

“It [the Council] should provide education and advice on copyright issues, advocate both nationally and internationally for developments in copyright policies or procedures and work towards solutions on difficult copyright issues,” the report says.

The report also recommends the formation of a specialist IP court and that the Controller of Patents, Designs and Trademarks should be renamed the Controller of Intellectual Property.

“This development [the courts] is similar to the introduction of the Patents County Court in the UK,” said Gerard Kelly, partner at Matheson in Dublin, who welcomed the report.

“This will ensure that cases can be taken by right holders in a more efficient and cost effective manner.

“There are occasions in practice, particularly for small scale infringements, where the cost of pursuing a remedy in Ireland is prohibitive and the proposals in the report go some way to addressing that.”

Furthermore, the report also recommends the introduction of “tightly-drafted and balanced” exceptions in copyright, including for fair use.

The draft report says various factors should be taken into account when determining the right of fair use including whether there is a public benefit or interest in the work and the substantiality of the portion of protected work used.

“In addition to fair use the report’s proposals could see the introduction of a parody defence into Irish law and an ‘innovation’ defence, the latter of which is basically a defence for derivative works that can be justified as innovative and where there is a sufficient acknowledgement,” Kelly added.