Brian O'Shea
Ceist:140 Mr. O'Shea asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will reconsider her decision on artists' resale rights (details supplied); and if she will make a statement on the matter. [8606/00]
Written Answers. - Artists' Resale Rights.
It was never intended to make provision for an artists' resale right, or droit de suite, in the Copyright and Related Rights Bill, 1999, which is currently before this House in committee. As I have made clear in the course of the debate on the Bill, if agreement is reached on an EU directive on this matter, the enactment of an artists' resale right in the context of the Copyright and Related Rights Bill, 1999 would not be opportune, for two reasons. First, the legislative and administrative requirements for an artists' resale right in an Irish context have never been given detailed examination and consideration at official or government level. This would have to be done before the Government could agree to the inclusion of provision for such a measure in legislation. There is insufficient time to complete this process in the relatively short period within which the Copyright and Related Rights Bill, 1999, must be enacted in order to bring Irish copyright law into line with the requirements of EU and international copyright law.
Second, a draft EU directive aimed at harmonising artists' resale right provisions in member states is now at a very advanced stage of negotiation. Ireland's current position is to support a compromise proposal recently devised which should allow all member states to adopt a common position on the proposed directive in the near future. The directive will then have a second reading before the European Parliament later this year. Since the directive in question, when adopted, will determine the form of artists' resale right to apply not only in Ireland, but throughout the EU, I believe that it would be imprudent to introduce legislation in this area at least until the final content of the directive becomes clear.
I am taking careful note of the arguments made by Deputies on artists' resale right in the course of the Oireachtas debates on the Copyright and Related Rights Bill, and intend to consider the matter further in consultation with my colleague, the Minister for Arts, Heritage, Gaeltacht and the Islands, Deputy de Valera. For the reasons outlined, I am convinced that in the event of an EU directive being agreed, consequent legislation should be dealt with not in the present Bill, but in a separate legislative proposal at a more opportune date.