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Copyright Law Update

E Law Developments: Copyright Law
Southern Law Association event, Cork, September 2019
Darius Whelan, School of Law, UCC
IT Law Clinic

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Copyright Law Update

  1. 1. E Law Developments •Copyright Law Darius Whelan, School of Law, University College Cork Southern Law Association Event, Cork, September 2019
  2. 2. Copyright Review Committee (CRC) Consultation Paper 2012 Report 2013 Act - Copyright and Other Intellectual Property Law Provisions Act 2019 [not yet commenced] [passed 26 June 2019] 2
  3. 3. 3 •Consultation Paper, February 2012 •Examples of questions raised: •Does copyright law inhibit the work of innovation intermediaries? •Should a broad fair use doctrine be adopted? •Should all of the exceptions permitted by the EU Copyright Directive be incorporated into Irish law? •Should a Copyright Council of Ireland be established?
  4. 4. Linking •CRC Report recommended that linking should not infringe copyright, except where the provider of the link knew or ought to have been aware that it connects with an infringing copy. •Report recommended that it should not be an infringement of copyright to reproduce: • a very small snippet of the linked work reasonably adjacent to the link, • (No more than either 160 characters or 2.5% of the work, subject to a cap of 40 words) •This proposal regarding linking did not make its way into the Copyright and Other Intellectual Property Law Provisions Act 2019. 5
  5. 5. Metadata in photographs
  6. 6. Metadata in photographs •Metadata can provide information about the date and time the photograph was taken, about the exposure and other camera settings, identify the photographer, supply copyright and contact information, and so on. •This data may be embedded in the photograph file and invisible to novice users, but easily discoverable by those with more technical knowledge. •The Copyright and Other Intellectual Law Provisions Act 2019 expressly protects metadata. •See the definition of ‘rights identifying information’ in the Act and the other reference to ‘rights identifying information’ later in the Act. 7
  7. 7. Fair Dealing •CRC report proposed major expansion of fair dealing in Ireland •2019 Act does not implement this proposal Image by Hugh Stephens
  8. 8. Other elements of 2019 Act •Expands the education exception to allow the use of digital works in the classroom or through access to secure school and university networks (s.15, amending s.57) •Provides a new exception for text and data mining for non-commercial research (s.14, inserting s.53A) •Makes it an infringement to tamper with metadata associated with works (s.38, inserting s.377). •Extends the concept of fair dealing for purposes of news reporting (s.22, amending s.89) 9
  9. 9. • Creates an exception for use of copyright works to allow for caricature, satire and parody (s.13, amending s.52 of the CRRA 2000) 10
  10. 10. •Expands the disability exception to allow use of new technologies to adapt works to the needs of persons with a disability (sections 25- 27) •Allows libraries, archives and educational institutions to make copies of works in their collections for preservation purposes and for catalogues for exhibitions (ss.18-19) •Amends the term of protection for copyright in designs from a 25- year term to life of the creator plus 70 years (s.2 repeals + ss.9 and 21) •Extends the jurisdiction of the Circuit Court and District Court to include IP claims 11
  11. 11. •Directive 2019/790 •To be implemented by Member States by June 2021 Directive on Copyright in the Digital Single Market (CDSM Directive)
  12. 12. Press publishers 15
  13. 13. Press Publishers’ Right (Art. 15) [“Link tax”] •A new ‘related right’ / ‘neighbouring right’ •Press publishers must have rights regarding the online use of their publications by information society service providers •Duration: Two years •Does not apply to very short extracts •Does not apply to hyperlinks •Does not apply to private or non-commercial use by individual users •Author must receive appropriate share of revenue 17
  14. 14. •Aimed at news aggregation services such as Google News •Nothing explicit about whether rights can be waived (e.g. with Google News) 18
  15. 15. Use of protected content by online content-sharing service providers (Art. 17) [Upload Filtering] •Online content-sharing service providers must make best efforts to secure a licence to cover their and their users’ activities [+ other rules] •Must make best efforts to ensure unavailability of protected matter •Does not apply to: •not-for-profit encyclopaedias; educational repositories, etc •If turnover low (<€10m) + operating less than 3 years, requirements are somewhat lower •Does not apply to caricature, parody, pastiche, quotation, criticism, review 19
  16. 16. Other aspects of the Directive •Exceptions regarding text and data mining •Exception regarding digital education (but member states may limit this) •Cultural heritage institutions – preservation •Faithful reproductions of works of visual art which are out of copyright are in the public domain •Out of commerce works 20
  17. 17. Redesigning Copyright? Support and Encourage Open Access / Creative Commons licences Widen exceptions to copyright – fair use / fair dealing / content mining In reform discussions, involve civil society and activist groups Formalities for copyright may need to be re-introduced Express provision for non-commercial re-use / remixing Redesign the Berne Convention
  18. 18.