Copyright

How IT Protected Computer programs and software are protected by the law of copyright.An EU Directive in 1993 required the protection of computer programs under copyright protection law.  Although they were already recognised under Irish copyright law, the 1994 Regulations provided specifically for the protection of computer programmes by way of copyright and related rights. The instructions in the program are set in code or […]

Rights Concerned The owner of the copyright has the exclusive right to undertake or permit others to undertake acts restricted by copyright law. Copyright is infringed where a person undertakes or authorises another to undertake a restricted action without the consent of the rightful owner. The restricted acts include copying the work, making the work available to the public, making an adaptation and copying or […]

Enforcement of Copyright There are a number of mechanisms for the enforcement of copyright.  There are both civil actions for infringement and criminal sanctions. An owner of copyright and an exclusive licensee may take infringement proceedings. The right may be exercised by the holder of the copyright. This may be the original copyright holder or an assignee. Certain rights may be exercised by a person […]

Exclusive Rights The owner of the copyright has the exclusive right to undertake or permit others to undertake acts restricted by copyright law.  Copyright is infringed when a person undertakes or authorises another to undertake a restricted action without the consent of the rightful owner.  The restricted acts include copying the work, making the work available to the public, making an adaptation and copying or […]

Distributing Infringing Works A person infringes the copyright in a work where he or she without the licence of the copyright owner— sells, rents or lends, or offers or exposes for sale, rental or loan, imports into the State, otherwise than for his or her private and domestic use, in the course of a business, trade or profession has in his or her possession, custody […]

Nature of Rights Moral rights are the author’s personal rights. The purpose of the right is to protect against damage to the author’s reputation. The full extent of the rights is unclear.  The rights continue to exist, notwithstanding the transfer of the copyright to a third party. The right continues until at least the expiry of the copyright itself.  The right in relation to false […]

Copyright Libraries The publisher of any book first published in the State shall, within one month after the publication, deliver, at his or her own expense, a copy of the book to each of the following— the authority having control of the National Library of Ireland, the authority having control of the library of Trinity College, Dublin, the authority having control of the library of […]

Performance Rights Performers’ rights were not protected under the Berne Convention. They are protected under the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961). This was expanded by the Geneva Treaty on Performance Rights and Phonogram Producers (1996). Performance rights are subject to separate similar provisions to those for copyright for works under the Copyright act. Performance rights cover […]

Programmes & Copyright The original EU directive requiring copyright protection for the programmes was updated in 2009. The directive makes clear that computer programmes include programmes in any form, including those incorporated into hardware. It includes preparatory design work leading to the development of a computer programme provided that the nature of the preparatory work is such that the programme can result from it at […]

Original Work The work must be an original literary, dramatic, musical or artistic work. Originality means that the work must be the expression of inventive thought. It is not the idea that is protected. The expression of the idea is protected. The concept of an original work as interpreted by the European courts differs from the Irish and British formulations. There is a difference in […]

Extension of Copyright Originally, copyright protected only literary, musical,l dramatic and artistic works by authors. The Copyright Act 1963 introduced protection for certain similar neighbouring or entrepreneurial works. Various EU directives broadened these protections over time. This is reflected in the Copyright Act 2000 and regulations based on directives made before and since. These rights are based on commercial interests rather than artistic work. The […]

Collecting Societies A unique feature of copyright legislation is the existence of licensing and collection bodies. The legislation facilitates licensing bodies and registers them. The collecting societies have the legal right to collect on behalf of members. There are collecting societies in respect of certain categories of copyright. There is a register of copyright licensing bodies. There are approximately a dozen registered licensing and collecting […]

Property The Copyright Act confers ownership of copyright on the author. This expression is used both in relation to the traditional forms of copyright protected works by individuals and to proprietorship of the newer economic rights type of copyright. Copyright may be owned by individuals or corporates. It is a form of property protected by the Constitution. It can be assigned licensed or may pass […]

Databases Databases are a collection of data or other material arranged systematically and individually accessible by electronic or other means. It may be electronic or in tangible form. A database may refer to any materials. It may be electronic or manual. It may be a collection of data works or other materials. It may be written, visual or graphic. It prospectively covers a wide range […]

Term of Protection The trend over time has been to increase the period of copyright protection and the scope of protected rights.  To some extent, this reflects technological developments. The period was 14 years renewable at the beginning of the 18th century. It increased to 28 years renewable in 1814.  This is extended further to the life of the author plus 42 years in 1842. […]