<\/span><\/h3>\nC<\/em>opyright protects artistic, literary, dramatic and musical works. These terms have a wider meaning in copyright law than their everyday meaning.<\/p>\nCopyright protection extends beyond creative and artistic works in the commonly understood sense. \u00a0Copyright also protects commercial exploitation rights works such as recordings, films, broadcasts, cable programs, computer programmes and databases.<\/p>\n
Copyright does not protect ideas as such. It protects the expression of ideas. Basically, copyright protects against copying. If two authors independently produce the same work, there would be no copyright infringement. To a large extent, copying has its everyday meaning in the context of copyright law.<\/p>\n
Copying may be verbatim (or its equivalent) or it may be at a higher, less than literal level. The gist of copying is that the work of the original author is illegitimately taken and replicated. The copied work is not the work of its author, but that of the copied author.<\/p>\n
There may be a question of degree and judgment as to whether copyright has been infringed in a particular case. In many cases, the copying will be self-evident.<\/p>\n
Copyright law requires that the protected work is original in that it is the result of the author\u2019s skill and labour. It is not necessary that the work has any merit. A compilation of lists may, for example, be protected by copyright. The work concerned should be the product of the copyright holder\u2019s own efforts.<\/p>\n
<\/span>Literary Work<\/span><\/h3>\nA literary work is one that is capable of being produced in a written form. \u00a0Writing includes traditional writing but also any code, notation or similar graphic representation The medium in which the writing is recorded does not matter. Literary, in this sense, refers to writing rather than artistic merit. A literary work may be written, spoken or sung.<\/p>\n
A literary work includes a computer program. A computer program is protected as a literary work because it can be produced in written or coded form. A computer program of itself cannot be patented by itself.\u00a0 If a computer program is used as part of the process of production of a product, it may be capable of being the subject of a patent.<\/p>\n
Literary works include books and newspapers. It may also include letters and e-mails of sufficient length and substance.<\/p>\n
Words by themselves would not be enough to constitute a literary work. The production in writing of a conversation is unlikely to be sufficient. The prompted recordings of children in \u201cGive up yer oul sins\u201d were not copyright. There should be some element of originality. A literary work may be .written, spoken or sung.<\/p>\n
<\/span>Dramatic Musical & Artistic<\/span><\/h3>\nA dramatic work includes dances, mimes, plays and theatrical performances. It must be presented in a dramatic context.<\/p>\n
Musical work consists of music but not words or actions to be sung or performed. The words may be protected as literary works.<\/p>\n
Artistic works include paintings, drawings, photographs, architecture, artistic craftmanship, \u00a0lithographs, \u00a0woodcuts, prints and collages.<\/p>\n
<\/span>Enterpremeurial Rights<\/span><\/h3>\nSo-called entrepreneurial rights include sound recordings, films, broadcasts and cable programmes. Sound recordings include any fixation of sound, irrespective of the medium. \u00a0This may be digital, audiotape, CD etc. Film involves fixation of moving images in any medium, e.g. DVD videotape computer.<\/p>\n
Broadcast covers most transmissions by wireless means for direct presentation to members of the public of sound, \u00a0data or a combination of them. Cable programs are carried over services which consist wholly or mainly of sending sound, image or data by means of a telecommunications system. The rights are enjoyed by the person who originates the relevant production.<\/p>\n
<\/span>Databases<\/span><\/h3>\nDatabases are protected by special database copyright. This is separate to any copyright in the content. The database is a collection of material which is arranged systematically and methodically, accessible by whatever means.\u00a0 It excludes computer programs used in the making of a database.<\/p>\n
A database may be a compilation such as a directory or could be held in electronic form. The data must be arranged systematically or methodically so as to be accessible. A database is protected where the selection and arrangement of content is the original intellectual creation of the author. The person who created the database is entitled to the database copyright.<\/p>\n
Where substantial intellectual effort has been put into a database, it will qualify for copyright. This may involve substantial investment in obtaining and verifying the contents. The investment may involve human, financial and technical resources. \u00a0It must be substantial in terms of quality, quantity or combination.<\/p>\n
Extraction and reutilisation of the database content may be restricted by the copyright. The following is permitted<\/p>\n
\n- fair dealing for lawful private research and study;<\/li>\n
- fair dealing for \u00a0educational purposes;<\/li>\n
- acts done in the course of a public administration<\/li>\n<\/ul>\n
A licence to use may be granted, but it would not generally permit repeated and systematic extraction. The database right endures for 15 years. If there is a substantial change, the period may re-commenced.<\/p>\n
<\/span>Term \/ Duration<\/span><\/h3>\nThe period of protection of ordinary copyright is the lifetime of the author plus 70 years. Formerly the relevant period was 50 years. Some older works receive greater protection when the extended period of protection was introduced under EU Directive.<\/p>\n
The copyright in a sound recording shall expire\u2014<\/p>\n
\n- years after the sound recording is made, or<\/li>\n
- where it is first lawfully made available to the public during the period specified in paragraph (a), 50 years after the date of such making available.<\/li>\n<\/ul>\n
The copyright in a broadcast shall expire 50 years after the broadcast is first lawfully transmitted. The copyright in a repeat broadcast shall expire at the same time as the copyright in the original broadcast, and no copyright shall subsist in a repeat broadcast which is transmitted after the expiration of the copyright in the original broadcast.<\/p>\n
The copyright in a cable programme shall expire 50 years after the cable programme is first lawfully included in a cable programme service. The copyright in a repeat cable programme shall expire at the same time as the copyright in the original cable programme, and no copyright shall subsist in a repeat cable programme which is included in a cable programme service after the expiration of the copyright in the original cable programme.<\/p>\n
Copyright in a literary, dramatic, musical or artistic work or original database expires 70 years after the death of the author. In the case of a film, the 70 years run from the date of death of the later of the following; director; screenplay authors\u2019 dialogue authors and the author of the music specifically composed. \u00a0Copyright in a sound recording expires 50 years after the date on which it was made available to the public.<\/p>\n
<\/span>Owner<\/span><\/h3>\nThe owner of the copyright is generally the following.<\/p>\n
\n- Literary, artistic dramatic or musical work; the author;<\/li>\n
- Broadcast; the maker;<\/li>\n
- Sound recording, the producer;<\/li>\n
- Film; the producer and principal director;<\/li>\n
- Cable programme; the \u00a0person providing same;<\/li>\n
- Typographical arrangement; the publisher;<\/li>\n
- Computer-generated work; \u00a0creators;<\/li>\n
- Database; makers of the database and<\/li>\n
- Photographs; the photographer<\/li>\n<\/ul>\n
In relation to work created in the course of employment, this will generally belong to the employer unless otherwise agreed. Where works are commissioned, the copyright generally vests in the creator. The contract may licence or assign the copyright.<\/p>\n
In some cases, there will be joint authorship where the contribution of each author cannot be separately distinguished. Different types of copyright can subsist in a single work. \u00a0For example, in a film that made the copyright in the script, screenplay, music and other aspects.<\/p>\n
<\/span>Scope of Domestic Copyright<\/span><\/h3>\nThe Irish copyright act protects copyright where there is a connection with Ireland or where copyright granted under the laws of another country are recognised.<\/p>\n
Requirements apply to the connection of the author with Ireland, the country state or territory in which the work was first made available. In order to qualify for copyright protection, the author must be an Irish citizen or person domiciled (long-term home or ordinarily resident in a state recognised by Ireland for that purpose.<\/p>\n
In the case of a corporate body, it must be incorporated under the law of such a territory. The relevant conditions must generally be satisfied when the work is first made available to the public.<\/p>\n
The government has power to make regulations extending recognition to countries other than those recognised by conventions to which Ireland is a party. It may place restrictions and conditions and recognition.<\/p>\n
<\/span>International<\/span><\/h3>\nThe Berne Convention for the protection of literary and artistic works 1886 provides for basic principles of copyright law. The Berne Convention, concluded in 1886, was revised at Paris in 1896 and at Berlin in 1908, completed at Berne in 1914, revised at Rome in 1928, at Brussels in 1948, at Stockholm in 1967 and at Paris in 1971, and was amended in 1979.<\/p>\n
The Convention is open to all States. Instruments of ratification or accession must be deposited with the Director General of WIPO.<\/p>\n
Almost all countries worldwide are parties to the Berne Convention. There are approximately 180 members at present. A handful of countries are not signatories but are subject to most of the same obligations under the TRIPS agreement. These countries include Angola, Cambodia, Iraq, Iran, Ethiopia, Sierra Leone, Taiwan and Uganda. In some such cases, the territories concerned do not have a full international status but are party to TRIPS agreement as observers.<\/p>\n
<\/span>Collection Societies<\/span><\/h3>\nSo-called Collecting Societies license copyright material. They grant licences and collect royalties and behalf of particular sectors.<\/p>\n
Collecting societies must register with the\u00a0 Register of copyright licensing bodies in the Patent Office. \u00a0Details of the classes and levels of charges levied must be made available to the public.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
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 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[171],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13164"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=13164"}],"version-history":[{"count":6,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13164\/revisions"}],"predecessor-version":[{"id":20406,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13164\/revisions\/20406"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=13164"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=13164"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=13164"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}