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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1962-11-28/44/
28 Nov 1962 -
Copyright Bill, 1962: Second Stage.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1962-07-19/5/
19 Jul 1962 -
Copyright Bill, 1962—First Stage.
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
Copyright Bill, 1962—Committee Stage.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-03-14/4/
14 Mar 1963 -
Copyright Bill, 1962—from the Seanad.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-03-27/41/
27 Mar 1963 -
Copyright Bill, 1962: From the Seanad.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-27/53/
27 Feb 1963 -
Copyright Bill, 1962—Report and Final Stages.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/7/
14 Feb 1963 -
. - Copyright Bill, 1962—Money Resolution.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
. - Copyright Bill, 1962—Committee Stage.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/6/
14 Feb 1963 -
. - Copyright Bill, 1962—Financial Resolution.
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/9/
13 Mar 1963 -
Copyright Bill, 1962—Committee Stage (Resumed) and Final Stages.
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-06/8/
6 Mar 1963 -
Bille Chuan Luimnigh (Droichead), 1963. - Copyright Bill, 1962: Second Stage.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1962-11-28/44/
28 Nov 1962 -
Lynch) I move that the Bill be now read a Second Time....The object of the Bill is to bring the law of copyright up-to-date to meet modern conditions and to have...The provisions in the Bill regarding the copyright in sound recordings will meet the requirements of...The Bill proposes the establishment of a new copyright in published editions of works, for the benefit...I recommend the Bill for the approval of the Dáil.
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
First of all, this is a very technical Bill, as Senators are aware....I think, in a technical Bill like this, the best we can do, as ordinary Senators, is to try to take a...reasonable look at what is in the Bill and judge whether what is being provided is reasonable and fair...First of all, we are providing in Section 17 that a copyright shall subsist in the owner, the manufacturer...They can do that first without coming to any arrangement with the owner of the copyright.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1962-07-19/5/
19 Jul 1962 -
Leave granted to introduce a Bill entitled an Act to make new provision in respect of copyright and related
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
It might be very embarrassing, but whether it is or not the point is that the owner of the copyright...for him and he may have an objection to which we will not see any point, but he, as the owner of that copyright...As I said at the start, this is a technical Bill.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1962-11-28/44/
28 Nov 1962 -
Cosgrave Even by then, the Minister will hardly have got a copyright for politicians.
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
Lynch You need not have any worry about infringing copyright if I did.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
clarify the intention of this paragraph —paragraph 9 of the First Schedule— which relates back to the copyright...It provides that whatever copyright was secured under that Act by records made before the present Bill...Sound recordings made after the Act comes into force will derive their copyright from this Bill.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1962-11-28/44/
28 Nov 1962 -
Committee Stage ordered for Wednesday, 12th December, 1962.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1962-07-19/5/
19 Jul 1962 -
Second Stage ordered for Tuesday, October 30th, 1962.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-27/53/
27 Feb 1963 -
Costello That is, I understand, to say that the owner of the copyright could in fact in certain circumstances...lengthen the time of copyright?
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
Minister to say that it would place a heavy burden on the broadcasting authority to get the consent of the copyright...will involve a burden for somebody, the first person who should be considered is the performer, the copyright...That again would affect the copyright....I fail to see how there can be any objection to putting it in such a way so that the copyright and performer
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
With regard to the two amendments, subsection (4) sets out what copyright in sound recordings consist...It is necessary to keep the purpose of the Bill as a whole in mind....with is copyright....In the case of sound recordings, the copyright is vested in the person who makes the recording....It is true that in the existing law records were given copyright as if they were musical works; in other
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-03-13/9/
13 Mar 1963 -
, at present, any statutory control over fees charged for the public performance or broadcasting of copyright...There are provisions in the Copyright Bill, 1962, which has been passed by Dáil Éireann, whereby a licensing...scheme operated by an organisation of copyright owners may be referred to the Controller of Industrial
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-27/53/
27 Feb 1963 -
In the Bill as it now stands, following amendment in Committee, with regard to the date from which the...copyright of a film or cinematograph work runs, a doubt has arisen as to whether the section as it now...certain words after the word "published" so as to ensure that the date of publication from which the copyright
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
Sherwin I have a little experience of copyright. I am not so thoroughly acquainted with the Bill....Dancehall proprietors are hounded by representatives of copyright owners....They do not know whether what is being played by the band is copyright or not....It will also be found impossible to get the small people to pay copyright fees....What they would make in the year, the copyright people would want.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
Lynch Under Part V of the Bill all schemes of charges by organised copyright owners will come under
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-06/8/
6 Mar 1963 -
Lynch) This is a Bill to bring the law of copyright up-to-date to meet present day conditions, and to...In section 17 of the Bill, a copyright is established in sound recordings....The scope of the copyright in sound recordings, under the Bill, is a right to prevent copying, and a...Section 18 of the Bill deals with cinematograph films, and gives them a copyright on their own standing...The proposals in this Bill are in accord with our obligations under the two copyright conventions I have
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
should be grateful to Senator Murphy for directing our attention to a very important aspect of this Bill...Senator Murphy began his remarks by pointing out that the Bill was highly technical and we have good...I do not think anybody could quarrel with the suggestion that the owner of a copyright of this type should...I do not for a moment agree with the suggestion in the Bill that the owner of the copyright is adequately
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-06/8/
6 Mar 1963 -
I am principally concerned in this Bill with the effect on musicians as such, and how Part III of this...Bill affects their livelihood and their prospects of future employment....The Bill deals generally with copyright....In Part II of the Bill we get a general understanding of what is meant by copyright....Copyright is infringed by a person who, not being the owner of the copyright and without the licence
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-03-27/41/
27 Mar 1963 -
the following amendment: Section 31: In subsection (4), page 37, lines 1 to 3, "relevant part of the copyright...Section 31 of this Bill as introduced originally in the Dáil provided for determination by the Controller...people who showed or had performed musical works which were incorporated in films and the owners of the copyright
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
The position actually, as envisaged in the Bill as it was drafted, was that where a film was made and...where the copyright only existed for 25 years, then the other Copyright Acts that might be associated...seems to me that part of the objection to this subsection is now gone as a result of the fact that the copyright
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-27/53/
27 Feb 1963 -
Costello No doubt every Deputy thinks that, if his suggestions or amendments were accepted, the Bill...suggestions I made on the Committee Stage, suggestions which, I think, would lead to improvements in this Bill...I do not think this Bill is by any means a perfect piece of legislation and I would hope that, if it...While I indicated certain doubts about the procedures that were to be adopted in the Bill, I made it...The final matter to which the Minister made references was the new Section 23 of the Bill.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
The inclusion of the word "engraving" here repairs an omission in the Bill as originally circulated....It continues existing law that engravings will have copyright for 50 years after first publication.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
Under this section, copyright owners can introduce schemes for the user of the works in which they hold...copyright and to cover the appropriate fees to be paid therefor....which deals with the jurisdiction of the Controller, any schemes that may embrace organisations of copyright
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
Does it mean that if an article is published in a newspaper the copyright in that as far as it relates...I do not know anything about copyright, but it struck me that the other meaning might be the one intended—that...another person under a contract of service or apprenticeship, that other person shall be entitled to any copyright
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
I know, for example, when it comes to musical copyrights that Radio Éireann have refused to deal with...I know that in the case of any copyright over which I might have control, if asked for permission for...I have personal experience over the past year of a semi-State company which used a copyright work without
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
It is unreasonable to say that no matter what the wishes of the owner of the copyright are you can broadcast...As Senator Yeats said on a previous section, the owner of the copyright may not wish to have it used
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
This Bill re-enacts provisions which are in existing legislation for exceptions from protection of literary...the purpose of research or private study or for criticism or review will not amount to a breach of copyright...reasonable extract of a published literary or dramatic work shall not constitute an infringement of a copyright...if the work of an author is broadcast, either by means of television or by sound radio, the ordinary copyright...corporation, either by sound radio or television, wishes to utilise the work of an author, the ordinary copyright
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1962-11-28/44/
28 Nov 1962 -
Cosgrave As the Minister has said, this Bill brings the law up to date in relation to copyright and...Yesterday we discussed a separate Bill dealing with trade marks and, as I understand it, for the future..., the provisions in regard to trade marks will be contained in a separate Bill and copyright will be...contained in this Bill, whereas formerly they were both included in the Industrial and Commercial Property...There are one or two matters that strike me in this Bill on which I should like some amplification.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
There have not been many copyright actions in the courts, but the general experience has been that the...copyright is put in dispute as an automatic matter of pleading....this was in fact done and only on the morning of the hearing was the plaintiff's entitlement to the copyright...These facts exist to such an extent that many actions for breach of copyright are not taken because of
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-27/53/
27 Feb 1963 -
Lynch Normally speaking, copyright is preserved only to ensure that the composers of the work or the...owners of the copyright will be paid a reasonable sum for the use of the work.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-27/53/
27 Feb 1963 -
lines 1 to 3, to delete section 48 and to insert the following section: "(1) Where the owner of the copyright...the film, such broadcast shall not, in the absence of any agreement to the contrary, infringe such copyright...a presumption that in the absence of an agreement to the contrary, such a showing will not infringe copyright...in any work that has been incorporated in the film which the Authority has the copyright owner's permission
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
1927 Act did not specifically provide for the using of a reasonable extract in a broadcast but in this Bill...performance and broadcasting of a work are separately designated as matters within the control of the copyright...at all times that reasonable extracts, with due acknowledgment, should be permitted, notwithstanding copyright
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
Lynch May I say in reply to that that the copyright does not rest at all in the performer but in the
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1962-11-28/44/
28 Nov 1962 -
incidentally I propose to ask for on a date after Christmas when the Dáil reassembles because, this Bill...specified, the answer is that these organisations are those included in the Protocol to the Universal Copyright...As I said, this is a technical Bill, one that must be passed in order to enable us to keep in line with...weeks ahead, I hope those individuals and organisations who are interested in it will have studied the Bill
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
Lynch There was no copyright in special editions previously.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-27/53/
27 Feb 1963 -
content in a dramatic work, but it was mainly to protect playwrights in this country from breaches of copyright
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
reason of paragraph 25, subparagraphs (1) and (2) of the First Schedule, any licence in respect of a copyright...work given before this Bill comes into operation will be interpretable in accordance with the law as...the danger that subsection (1) (d) of Section 47 as worded might encroach too far on the rights of copyright
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
Costello There are difficulties involved in these copyright actions to which special consideration should...Persons who infringe a copyright may do so either with full knowledge of what they are doing or innocently...The High Court had to consider the damages sustained by the owner of the copyright....Not infrequently, the defendant puts the plaintiff's entitlement to a copyright in issue....exists or may do a musical work without realising that copyright exists.
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
Subsection (b) says: "except in so far as it may constitute an infringement of copyright, or a contravention...requirements of the public" is intended I think to be a definition of what "colourable" stands for in this Bill
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/9/
13 Mar 1963 -
Lynch Now that the Bill is about to pass, I think this is an appropriate time to say something I might...When this Bill passes, I think we will have a good, up-to-date piece of copyright legislation which...will be in the best tradition of the protection of copyright in Ireland....I think we can claim that copyright was first established by a judgment made in Ireland in the sixth...That, I think, we can properly claim was the first copyright law.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
out of the provisions of subsections (8) and (9), and the effect of these subsections will be that copyright...The Bill, when enacted, will permit these records to be played on any premises where persons reside or...In fact, a great deal of the remuneration which would be obtained from the owners of the copyright might
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
The existing law prescribes a royalty of five per cent., but this Bill proposes to introduce a degree...If there should be any dispute between the copyright owner and the recording manufacturer as to what...the record manufacturers are not happy about the prospect of a long period elapsing during which the copyright...It may be said that a contract between the copyright owner and the manufacturer can cover this point....manufacturer which would lay down a rate of royalty and which would, in effect, exclude the provision in this Bill
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
insert the following subsections: "( ) Notwithstanding anything contained in Part II of this Act, the copyright...in all coins to which this section applies and the copyright in the artistic work defining the design...(b) Sections 12 and 14 of this Act shall not apply in relation to the copyrights referred to in this
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
as used in Section 12, I do not think there is any danger that any serious harm would be done to the copyright...if they were not construed legally as the publisher and, therefore, responsible for infringement of copyright...I would again suggest that there is not any degree of serious intrusion on copyright in this respect....resources but I presume—in fact, I am reasonably certain—that if an author made a complaint that his copyright
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
purpose of the amendment, as I understand it, would be that disputes between the organisation of the copyright...Licence schemes operated by an organisation of copyright-owners may concern the terms of user as well...right to come before the Controller in the event of a dispute about financial involvements, whether the copyright...the performance of practically all modern music is within the control of one group representing the copyright...Where there is a reasonable dispute between the group representing the copyright owners and the users
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
Lynch I move amendment No. 76: In subsection (2), page 52, line 26, before "The copyright" to insert
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
Lynch This proposed new section gives the court all the powers that will safeguard the copyright holder
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
Lynch I move amendment No. 75: In subsection (1), page 52, line 21, before "The copyright" to insert
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-27/53/
27 Feb 1963 -
A great deal of the revenue secured from charges in this country in respect of copyright so far as imported...There is no comparable benefit which we can secure because of the fact that copyright does not exist...case and the charges which are made are not, therefore, subject to any of the Conventions dealing with copyright...people in this matter, and while it is obviously to our advantage to have international standards of copyright
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
Lynch What Deputy Costello fears most in this case is the deliberate infringer of copyright, who will...regard it as worth his while to deliberately infringe copyright, take a chance on an action in any court...There is, however, a well-known procedure in law, which I presume applies to copyright actions as well...deliberate infringer, who puts the plaintiff to the highest possible degree of proof as regards ownership of copyright...facts in such cases will ensure that in the case of a flagrant infringer the question of ownership of copyright
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-06/8/
6 Mar 1963 -
evening he said that when a person adapted a tune and made a reasonably good composition of it some copyright...adaptor would have to have the permission of the person who composed the song and in whom the original copyright...It would be a dangerous precedent to permit a copyright to be created in a work already composed by somebody...The essence of copyright, the essence of the subject of copright must be that it is a creative work,...To give the right to a person to claim copyright for the adaptation of such work would, I think, lead
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
Lynch The British Joint Copyright Council made representations to this effect and I think they have
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
2 to 5, to delete "or the period of twenty-five years (according to the term of the subsistence of copyright
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
This subsection originally appeared in the 1911 Copyright Act and it was included also in the Industrial...It now appears in this Bill, but with the words added "or in a broadcast"....So far as I know Radio Éireann have always gone on the basis that if an author's copyright were used...In 1956 a new Copyright Act was passed in Britain which re-enacted the section about recitation and...In the course of the discussions on the previous Bill the Minister said that, while it was not by any
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
to celebrate a 40th anniversary and included in that photographs taken 40 years before, the original copyright
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-27/53/
27 Feb 1963 -
organising a theatre club and might find that whilst they would be under a responsibility to pay the copyright
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
happen is that these performers in making a record would make some provision with the owner of the copyright..., would make some agreement with him that he would not, because of his ownership of the copyright, consent
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
As the Deputy has said, the term of the copyright previously extended from the time of the making of...Under this Bill, it extends from the time of the making of the print which is in favour of the owner
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
difficulty, not being sure that I am in order in the sense that I have some general complaint about the Bill...I would not mind so much, because it is a highly complex Bill and a layman like myself is not meant to...know, except that, I take it, its purpose is to assist in the interpretation of the Bill....Instead of helping me to interpret the Bill, it certainly makes confusion worse confounded....would deal with— copyright.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
This section provides for proof of facts in copyright actions....not involve any great injustice and if, in fact, a person wrongfully claimed to be entitled to the copyright...out of the expensive matters of proof which very frequently work injustice, very frequently mean that copyright
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
This is an amendment regarding the term for which copyright in a cinematograph film is to be measured...In the absence of registration, it is thought that the term of copyright should run from the year in
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
The position is not really on all fours with the discussion we had earlier, since the owner of copyright
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
creates some literary work which is published first in the newspaper, journal or magazine, then the copyright
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-27/53/
27 Feb 1963 -
Deputy Sweetman raised the question whether the definition of a photograph given in the Bill was sufficient...period in which to be allowed to keep these recordings without being responsible for infringement of copyright...appeals in Britain, in certain circumstances appeals are made to a three-man tribunal whereas, under this Bill...I do not think there is any valid reason why we should put copyrights in a special position....These are stated in the Bill to be taken only in the case of an appeal on a point of law.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
suggestion I made on an earlier section, would not decide to introduce a system by which the owner of the copyright
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
I am informed that people interested in this Bill have been given legal advice that there is grave doubt...Industrial and Commercial Property Act of 1927, the making of the negative was the crucial matter from the copyright...to have interested parties having to go to court to make certain that the definition set out in the Bill
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
If a person innocently infringes copyright, he should be given leniency....We are concerned principally with plays and we are concerned with infringement of copyright in publication...present time that many people will decide that it will be worth their while deliberately to infringe copyright..., decide that they will deny the right of the claimant to the copyright and decide to let him prove his...question of law involved, where the defendant admits that he has flagrantly broken the plaintiff's copyright
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/9/
13 Mar 1963 -
In subsection (4), page 37, lines 1 to 3, delete "relevant part of the copyright in a musical work and
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
rather some form of indemnity, for the proprietor of the dancehall in the event of an infringement of copyright
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-27/53/
27 Feb 1963 -
lines 33 to 35 and to insert the following paragraph: "(b) the manufacturer pays to the owner of the copyright...percentage was not necessary, that that was a matter that could be arranged between the person who owned the copyright
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
I, personally, have no practical experience of copyright cases. I understand Deputy Costello has....While this legislation right through runs in favour of the copyright owner, here is a case in which we...If it is innocently, then it is unfair that any organised body of copyright protectors should bring that...Sir that the interests of both parties are adequately met and the person who flagrantly disregards copyright
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
27, before section 23, to insert the following new section: (1) In any action for infringement of copyright...new section, the purpose of which is to make provision regarding the level of costs recoverable in copyright...Under existing law, that is, the Act of 1927, the court in which copyright actions had to be commenced...1927 Act as meaning the High Court for the purposes of the Act as a whole and accordingly governed the copyright...The word "court" is not defined in this Bill and therefore an infringement of copyright may be prosecuted
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1984-02-22/3/
22 Feb 1984 -
Flynn Finally, I am anxious to know was it intended under the Principal Act that the Copyright Act would...It reinforces my argument for a complete review of the original Copyright Act of 1962 to cover these...will be considering in this regard, would consider amending the fines and penalties as outlined in the Bill...However, I do not think that this Bill will go anywhere near making the punishment fit the crime....For that reason, although I accept the Bill in principle, it is necessary to update the fine to deal
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
With regard to the point I have raised about the cost and difficulty of proof in copyright actions, I...will have, in any case brought to the District Court, automatically to prove his entitlement to the copyright...It may be extremely difficult to prove the particular facts, although undoubtedly the copyright is vested...deliberate infringer to get away with his deliberate infringement and to make it very difficult to operate copyright...The fact is that copyright is a property right and the methods used to obtain remuneration for this property
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/7/
14 Feb 1963 -
are necessary to give effect to any Act of the present session to make new provision in respect of copyright
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-06/8/
6 Mar 1963 -
In this Bill we have to consider three different types of people....Without them there would be no Bill of this kind....He will not under the Bill as at present....I know I am treading in very labyrinthine ways in this Bill...., from getting certain copyright fees which they would get in that other country.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
recordings, they make comprehensive weekly returns to the organisations looking after the interest of the copyright..., in respect of which there would be no charge, the organisation looking after the interests of the copyright
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
that the public should have access to it, subject, of course, to the continued right of the owner of copyright...Subsection (4) provides for the payment of equitable remuneration to the owner of the copyright.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
The subsection as it stands makes provision for the owner of the copyright in any published literary,
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
insert the following subsections: "( ) The District Court, upon the application of the owner of the copyright...copies are infringing copies, may order them to be destroyed, or to be delivered up to the owner of the copyright...printing or reproduction of infringing copies shall be destroyed or delivered up to the owner of the copyright
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
recordings should be permitted has in fact been accepted in the Brussels revision of the International Copyright...suggesting that the existing authority, Telefís Éireann or Radio Éireann, will deliberately infringe copyright
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
Question proposed: "That Section 10 stand part of the Bill."
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
Question proposed: "That Section 3 stand part of the Bill."
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-13/4/
13 Mar 1963 -
Question proposed: "That Section 12 stand part of the Bill."
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1963-03-06/8/
6 Mar 1963 -
At the very outset, there is one thing I do not understand about this Bill if it is to be a codified...As has been said about the Trade Marks Bill, this is essentially a Committee Bill....Copyright is not alone a very precise portion of our law but is also extremely delicate....that you proceed on copyright action in the manner of damages in the High Court only....I need refer to further on this Stage because, as the Minister intimated, this is a Committee Stage Bill
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
90 per cent. of the dances or at least a great many of them are run by people who know nothing about copyright
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
broadcast but (apart from this subsection) would not be entitled to make a reproduction of it, the copyright...who, in relation to the making of reproductions of the description in question, is the owner of the copyright
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1963-02-14/8/
14 Feb 1963 -
The actual pecuniary loss to the owner of the copyright was in the region of £5 and the exemplary damages
