Amendments Nos. 1 and 2 are cognate and may be discussed together.
Copyright (Amendment) Bill, 1998: Committee and Remaining Stages.
Section 1 agreed to.
SECTION 2.
I move amendment No. 1:
In page 3, line 11, to delete "commencement" and substitute "passing".
These are brief technical amendments. My Labour Party colleagues and I considered tabling some major amendments, but following our briefing with the Department we felt it better to wait for the major Bill. The Minister referred to the "salami" approach to implementing EU directives. A recent trade union publication had a list of dozens of EU directives, not implemented in domestic legislation, which indicate that the Department has a remit in many areas including copyright. It might be preferable if some of those were implemented. The complexity of the area means it is time consuming for officials to produce legislation to deal with it. There may not be an Act for all time and we may need to update legislation on a regular basis. The approach dismissed as a "salami" approach could be relevant in this case.
Regarding music, the Minister of State has sometimes been photographed with a guitar.
I can play it, too.
Like myself. The problem in the music area does not relate to Deputy Rabbitte's example of "Boolavogue". Some of my relations in the traditional music field, the O'Dwyer family, have produced original tunes which were appropriated by foreign companies without reference to the composers. The work done by Deputy Michael D. Higgins in this area might inform the final shape of the Bill.
I am advised that in relation to other legislation, it would be more appropriate to reach finality on commencement as this Bill is debated. That is the reason behind this amendment.
On the number of EU directives, I was Minister of State at the Department of Foreign Affairs and am very conscious that much work remains to be done in this area. Responsibility for the Internal Market forms part of my brief as Minister of State, and I have formed an interdepartmental committee, which I chair, with the specific remit of speeding up the implementation of EU directives relating to the internal market. I acknowledge the Deputy's interest in music, which is an area that will have to be addressed. The Deputy's amendments are technical in nature and I am advised that the present text does not require change. If the Deputy agrees to withdraw the amendments I will have the matter examined prior to the consideration of the Bill by the Seanad.
I will do that.
Will the Minister address the changes to subsection 4(a) of the Principal Act? As I understand it, and I am subject to correction, it is an established principle of intellectual property law that the employee does not own the copyright. In the changing environment referred to by Deputy Broughan — the rapid change of technology, the availability of the worldwide web etc. — has consideration been given to whether that continues to be a reasonable balance? It ought to be a cardinal principle in all cases that an employee does not own the copyright.
We will have to deal with that complex matter in the comprehensive Bill.
Amendment, by leave, withdrawn.
Section 2 agreed to.
Amendment No. 2 not moved.
Section 3 agreed to.
SECTION 4.
I move amendment No. 3:
In page 5, subsection (2), line 28, to delete "to" and substitute "and".
This amendment is similar to the two previous ones. I was advised that as there are only two Acts in this area the first line should read "and 1987".
This amendment is of a technical nature, I will look at it prior to the discussion of the Bill in the Seanad and deal with it at that level.
Amendment, by leave, withdrawn.
Section 4 agreed to.
Title agreed to.
Bill reported without amendment, received for final consideration, and passed.
Sitting suspended at 12.45 p.m. and resumed at 2.30 p.m.