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Dáil Éireann debate -
Tuesday, 30 Jun 1998

Vol. 493 No. 3

Ceisteanna—Questions. Priority Questions. - Copyright Protection.

David Stanton

Question:

4 Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment the measures, if any, she has put in place or plans, if any, she will put in place to prevent people from claiming copyright over traditional Irish music and other works which have not traditionally been subject to copyright ownership; and if she will make a statement on the matter. [16294/98]

Since copyright can only subsist in original works in which particular authors are in a position to claim copyright, the use of pure original pieces of traditional music in original performances is not restricted by copyright. Copyright can attach to particular recordings and original arrangements of traditional music, but such a copyright will apply only to the particular recording or arrangement in question — no copyright interest in the basic traditional music resource will be captured.

I am most concerned that the proper relationship between copyright and traditional music be maintained and that, in consequence, the free use of traditional music in original performance should not be undermined in any way by any inappropriate application of copyright law. Accordingly, my Department will be monitoring this area in the period leading up to the enactment of the forthcoming Copyright and Related Rights Bill and should any specific measures to secure the free use of pure traditional music resources be required, Deputies may be assured that such measures will be considered in the context of the enactment of that Bill.

Is the Minister saying he has measures ready to put in place immediately should they be required or that he will wait until the damage is done before he starts thinking about them? What might such measures be?

I welcome this opportunity to discuss this matter, on which we had a significant debate in the Seanad. There are genuine concerns about pure traditional music in this regard. Tomorrow we will finalise the short Bill, the intellectual property (miscellaneous provisions) Bill and the more comprehensive Bill will be introduced in a number of months. I am anxious to monitor the situation. I have had discussions with representatives of Comhaltas Ceoltóiri Éireann and IMRO on this issue. I want to get the balance right. As I understand it and as I have been advised by the Attorney General's office, traditional Irish music is secure because it is not possible to capture copyright in the original piece. As the Deputy is aware, there can be a copyright for sound recordings and arrangements, but we are talking about the original piece.

For example, copyright is available for the arrangements and sound recordings of O'Riada's music and some of them have been deposited with Gael Linn, but that does not give O'Riada's estate the right to stop performances of, for example, O'Carolan's concerto, which is the pure original performance. This is a complex area. There is a great difference between sound recordings and arrangements and the pure original piece. That is the legal position and my advice. I can assure the Deputy I will monitor this area because I and other Deputies are concerned about it.

The Minister did not indicate what measures he might put in place. Some traditional Irish music is not subject to copyright. Will the Minister of State agree, given the Bill that is before the House, there is a danger such music could be digitised and copyright claimed on it? That is happening already. Other countries, such as France, have put measures in place to prevent that. What measures has the Minister of State in mind to prevent that happening here?

The Deputy is obviously referring to a welcome wider debate about not just the folklore and traditional music of Ireland but, for example, the music and dance of Africa. This is an ongoing debate and there is a question with regard to the State's interest in this area. We are talking too not just about my Department but about the Department of Arts, Heritage, Gaeltacht and the Islands, and whether we perceive folklore and traditional music as a natural resource as we should.

However, in legal terms the Deputy will agree we need to introduce the Copyright (Amendment) Bill, 1998, because our law is out of date and other countries have introduced such legislation. The experience of the UK is valuable and I have studied what they have been doing.

What will the Minister of State do about folklore?

The purpose of copyright legislation is to protect copyright holders and that is important for arrangements for sound recordings. However, according to my legal advice, pure traditional music is protected because, as I indicated in my initial reply, there is no author involved. One cannot take out copyright on the original piece. I am anxious to monitor the situation.

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