Vol. 478 No. 4
200 Mr. D. Wallace asked the Minister for Enterprise and Employment the steps, if any, he is taking to ensure that individuals and corporate bodies who use the Internet to copy electronic versions of original versions of art, music, literature and softwear do not breach copyright; and if he will make a statement on the matter. [11312/97]
The Copyright Act, 1963, provides protection for all original literary, dramatic, musical and artistic works. Computer programmes are protected as literary works. The acts restricted by copyright in this Act include, inter alia, reproducing the work in any material form. An agreed statement was issued by participants at the recent diplomatic conference in Geneva at which the WIPO Copyright Treaty, 1996 was adopted, which provided that this exclusive right of reproduction applies to the digital environment. Ireland was party to this diplomatic conference.
The Deputy will be aware that the intellectual property unit of my Department has undertaken a comprehensive review of Irish copyright law and the unit is currently drafting the heads of a new Copyright Bill in this extremely difficult and technical area. The new Copyright Bill will be a major piece of legislation which will have to take account of: technological developments; the legitimate interests of both suppliers and users of copyright material; the need to ensure that copyright law does not impede legitimate creative activity; EU legislation on inter alia, rental and lending, cable and satellite broadcasting, databases and duration of copyright, together with proposals for EU legislation on resale rights; and our international obligations under the Berne Convention for the Protection of Literary and Artistic Works and the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations and the recently negotiated WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty.
Copyright involves private property rights and any legislation that expands the rights of one group will lead to additional demands from, and upon others. Accordingly, there is a need to ensure that the new Bill, when complete, will strike a balance between the interests of rights owners on the one hand and the interests of users on the other, whilst ensuring continued creativity in all aspects of economic life.
