Category: Fair use

Access to RTÉ’s archives

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| Broadcasting, Copyright, CRC12 / CRC13

Yours truly at the Joint Oireachtas Committee on Tourism, Culture, Arts, Sport and MediaLast Wednesday, 9 October 2024, I was at the Joint Oireachtas Committee on Tourism, Culture, Arts, Sport and Media, for a debate on the Broadcasting (Amendment) Bill 2023 (screengrab from here, left).

This succinct and welcome Bill aims to amend the Broadcasting Act 2009 to provide for greater public access to the archives of Ireland’s national public service broadcaster, Raidió Teilifís Éireann (RTÉ). This is some of my opening statement (as delivered (with added links); the more extensive written version is here (pdf)):

… I was the chair of the Copyright Review Committee. Our report, Modernising Copyright, led to the enactment of the Copyright and Other Intellectual Property Law Provisions Act 2019. One of the aims of our report was to enable users to have access to, and to use, copyright material “in line with the greater public interest”, as it is put in the Bill. For this reason alone, I commend the Bill. It is a crisp Bill with two key subsections. I will make some brief comments about drafting issues.

Section 1(a) of the Bill inserts into section 89 of the Broadcasting Act 2009 a general duty on RTÉ to make archives available for inspection and publication.

…

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Copyright balance, technological protection measures, rights management information, and fair dealing

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| COIPLPA, Copyright, CRC12 / CRC13

Copyright balance, rightsowners v usersThe law of copyright seeks to balance the interests of various members of the copyright community: the authors of copyright works, the big content companies to which they license or transfer their rights, and the societies which collect their royalties; platforms and intermediaries which facilitate online distribution of and access to copyright content; and users (whether individual, or heritage, or education, etc) who wish not only to use but to build upon existing works. Legislation such as the Copyright and Related Rights Act, 2000 [CRRA], and the InfoSoc 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 (OJ L 167, 22.6.2001, p. 10–19)), have sought to get these balances right, but are often criticised for failing to strike them in appropriate places.

Again, it was a theme of Modernising Copyright (2013) (pdf, via here), the Report of the Copyright Review Committee [CRC Report], that reforms to the 2000 Act should balance the interests of all of the various members of the copyright community (full disclosure, I was the Chair of that committee). So, for example, in the context of technological measures for the protection of copyright or for the management of copyright information, the CRC Report recommended not only that the legal rules underpinning such measures be strengthened, but also that there would be a practical remedy where such measures operated to prevent someone from undertaking acts permitted by the exceptions provided in the copyright legislation.…

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Columba’s 1,500th birthday is a good day to note that Ireland has implemented the DSM Directive, (almost) the whole DSM Directive, and nothing but the DSM Directive

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| COIPLPA, Columba, Copyright, CRC12 / CRC13, Digital deposit, Fair use

St Columba and Copyright (cropped and modified Flickr image)Happy birthday, St Columba
Today is the birthday, 1,500 years ago, in 521, of a celtic saint variously called Columba or Colmcille (pictured left). He founded many monasteries, including those in Kells, Ireland, and Iona, Scotland, where the Book of Kells was written. A tale about him forms an important part of Irish copyright lore. It is, therefore, an auspicious day on which to note that there has recently been an important development in Irish copyright law: the EU’s DSM Directive has recently been implemented into Irish law (see the European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (SI No 567 of 2021) (also here) (SI 567) implementing Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (Text with EEA relevance) (OJ L 130, 17.5.2019, p. 92–125) (DSM)).

In the foreword to her magisterial Copyright in the Digital Single Market. Article-by-Article Commentary to the Provisions of Directive 2019/790 (OUP, 2021) Eleonora Rosati points out that this year is the 30th anniversary of the first harmonizing Directive in the broad copyright field and (Software Directive) and the 20th anniversary of the most significant Directive in that field (InfoSoc Directive).…

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Incomplete copyright exceptions for public lectures in libraries, archives, and museums; but not – yet? – in galleries, educational establishments, or online. It’s all an unnecessary mess.

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| COIPLPA, Copyright, CRC12 / CRC13, Fair use

Geek & Poke, Copyright and Academic FreedomIn a recent comment to my post from last year, on Coronavirus and copyright – or, the copyright concerns of the widespread move to online instruction, I was asked about copyright when giving online lectures for local historical societies. The answer became too long and convoluted for a comment reply, so I thought I’d sketch it here in a post. It should have been a short reply, to the effect that there would be no copyright issues in the way of giving such lectures, but the more I thought about it, and the more I looked at the relevant legislation, the more complicated the answer became. This is not a good position for the law – unnecessary complexity is to the law’s eternal discredit. Indeed, I’m not even sure I’ve got to the bottom of the issue here. If anyone can advance the analysis, please feel free to let me know, either in the comments below, or via the site’s contact form. Meanwhile, this is my first stab at the issue, concluding quite a circuitous analysis with a recommendation for a rather more straightforward reform.

The first question is always whether copyright attaches to the images – as the cartoon, above left, suggests, it often feels like copyright is perpetual – but it does eventually time out.…

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Coronavirus and copyright – or, the copyright concerns of the widespread move to online instruction – updated

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| COIPLPA, Copyright, CRC12 / CRC13

Update: this post has been updated and revised, inter alia, to discuss the Irish Copyright Licencing Agency’s licences.


Coronavirus CopyrightI work in Trinity College Dublin, which announced on Tuesday that education would be delivered online from next Monday. The National Forum for the Enhancement of Teaching and Learning in Higher Education has put together a very useful spreadsheet of links to useful online teaching resources. But, in our race to go online in time to deliver classes to our students, we must not forget that copyright law continues to apply. In that regard, I’m delighted to note that recent reforms to Irish copyright law will make all of our lives easier. The Copyright and Other Intellectual Property Law Provisions Act 2019 (also here) [COIPLPA] amended the Copyright and Related Rights Act 2000 (also here) [CRRA] in various significant ways, in particular relating to online educational uses of copyright material.

Section 50 CRRA provides for an exception of fair dealing for the purposes of research or private study, section 53 provides for an exception for acts done for the purposes of instruction or examination, and section 57 provides for an exception for reprographic copying by educational establishments.…

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Fair Use in South Africa; and the road not taken in Irish and Australian copyright reforms

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| COIPLPA, Copyright, CRC12 / CRC13, Fair use

Two roads divergedCopyright reform is under consideration in many jurisdictions, including Australia, Canada, New Zealand, Singapore, South Africa, and the United Kingdom. It has just been completed in the EU. In Ireland, the long-awaited Copyright and Other Intellectual Property Law Provisions Act 2019 (here and here) was signed by the President on 26 June 2019 last; in an unexplained delay, it took until 26 November 2019 for the Minister for Business, Enterprise and Innovation, Heather Humphries, to specify 2 December 2019 as the day on which most of the Act – eventually – came into force. In a future post, I will blog about the important changes made by the Act; in this post, I want to mention a road not taken. In May 2011, the Government established a Copyright Review Committee (CRC) to identify any areas of Irish copyright legislation that might create barriers to innovation and to make recommendations to resolve any problems identified.

In particular, one of the terms of reference required the CRC to “examine the US style ‘fair use’ doctrine to see if it would be appropriate in an Irish/EU context”. It was a controversial topic, with powerful views expressed both for and against the exception.…

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How to amend the Copyright Bill so that format-shifting and backing-up do not infringe copyright

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| Copyright, CRC12 / CRC13

Devices and media, via PixabayAs I explained in my previous post, as the law currently stands, format-shifting and backing-up can infringe copyright. But there is no good reason why this must be so. And the Copyright and Other Intellectual Property Law Provisions Bill 2018 currently pending before the Seanad provides a golden opportunity to put things right.

The main legislation relating to copyright at Irish law is the Copyright and Related Rights Act, 2000 (also here). It is the Principal Act for the purposes of the Copyright and Other Intellectual Property Law Provisions Bill 2018. The aim of that Bill, as described in its long title is to amend the Principal Act

… to take account of certain recommendations for amendments to that Act contained in the Report of the Copyright Review Committee entitled “Modernising Copyright” published by that Committee in October 2013 and also to take account of certain exceptions to copyright permitted by Directive 2001/29/EC of the European Parliament and of the Council of 22 May 20011 on the harmonisation of certain aspects of copyright and related rights in the information society; …

Senators David Norris, Victor Boyhan, Fintan Warfield, Ivana Bacik, Kevin Humphreys, Ged Nash, and Aodhán Ó Ríordáin have proposed amendments to the Bill to permit format-shifting and backing-up.…

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Copyright law must be made fit for the digital age: the Seanad must adopt amendments to the Copyright Bill so that consumers do not unknowingly infringe copyright

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| Copyright, CRC12 / CRC13

Devices and media, via PixabayHave you ever transferred music from one device to another? Have you copied music from a CD to your phone to listen to it on the way to work? Have you copied a DVD to a tablet to watch it on a long journey? If so, you have probably infringed copyright, almost certainly without realizing it.

Have you every backed-up the data on your phone, or your laptop? Of course, most of us don’t back-up as often as we should; but, if you do, then you have probably infringed copyright, again almost certainly without realizing it.

Moving data from one format or device to another is known as format-shifting, and both it and backing-up mean that you are making copies of the relevant content or data. Making those copies is an infringement of copyright, unless you have the permission of the copyright owner (which usually you won’t have), or you can rely on a copyright exception provided by copyright legislation (which right now, in Ireland, you can’t).

There is no good reason why format-shifting or backing-up should be an infringement of copyright. And there are many good reasons why it should not. In particular, the fact that you didn’t realize that format-shifting or backing-up are infringements of copyright demonstrates that consumers assume that format-shifting and backing-up are perfectly normal behaviour.…

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