The European Union (Copyright and Related Rights) Regulations 2012 have today been signed and simultaneously I have launched the next stage of the Copyright Review Committee review of Ireland's copyright legislation, aimed at removing barriers to innovation. I acknowledge the desire of some interested parties that this instrument be more detailed and more prescriptive. However the High Court now has significant guidance from the European Court of Justice on the implementation of the measure, and will have to ensure any remedy provided will uphold the following principles:
Freedom to conduct a business enjoyed by operators such as ISPs;
The absolute requirement that an ISP cannot be required to carry out general monitoring on the information it carries on its network;
Any measures must be fair and proportionate and not be unnecessarily complicated or costly;
The fundamental rights of an ISPs' customers must be respected, namely their right to protection of their personal data and their freedom to receive or impart information.
I believe that in Ireland we must build on our very substantial achievements in the creative and digital media industries, and become a model of international best practice for innovation in this area. Ireland is home to some of the world's most innovative internet companies, and we are determined to grow our reputation as a location where smart people and smart companies can innovate in this fast-moving arena.
It was necessary for us to proceed to sign this Statutory Instrument in order to ensure compliance with our obligations under EU law. The intended purpose of the proposed Statutory Instrument is not to enact new EU legislation but rather it seeks to merely restate the position that was thought to exist within the copyright legislation prior to Justice Charleton's judgement here and in all EU Member States. Accordingly, I am satisfied that the introduction of this measure by way of Statutory Instrument is not inconsistent with the legislative policy outlined in the Programme for Government.
As there are clearly many diverse interests, it is important that interested parties come together and work in a constructive way to map the path forward. For this reason I am particularly anxious that the consultation paper launched today is studied and comprehensively responded to by all interested parties. The challenge now is to examine what measures we can take to develop Ireland's laws in this area in such a way as to provide the greatest possible encouragement for innovation in the creative and digital industries to take place here.
This is a very complex area of law, which affects industries that are developing rapidly and where the interests of many diverse and changing parties interact with each other. My ambition to make Ireland a model of international best practice in this area will not be easily achieved, and as this debate develops I urge all interested parties on all sides to come together and work in a constructive and realistic way to the benefit of all.
In that context, I am committed to reviewing and updating the Copyright legislation currently in place in order to strike the correct balance between encouraging innovation and protecting creativity. This paper has been prepared by the Copyright Review Committee in response to submissions received and public engagement. I urge all interested parties, including information providers and ISPs, innovators, rights-holders, consumers and end-users, to study it carefully and engage in a constructive debate on all the issues.
This is a valuable opportunity for all interested parties to express their views and to make a meaningful contribution towards shaping the future development of Irish copyright law. I am confident that the work being carried out by the Copyright Review Committee, with the interaction and input of the interested parties, will result in establishing Irish copyright law on a firm footing to encourage innovation, foster creativity and meet the challenges of the future with confidence.
The independent Copyright Review Committee was established on 9th May, 2011:
to examine the present national Copyright legislation and identifying any areas that are perceived to create barriers to innovation;
to identify solutions for removing these barriers and make recommendations as to how these solutions might be implemented through changes to national legislation;
to examine the US style ‘fair use' doctrine to see if it would be appropriate in an Irish/EU context;
and if it transpires that national copyright legislation requires to be amended but cannot be amended (bearing in mind that Irish copyright legislation is bound by EU Directives on copyright and other international obligations), make recommendations for changes to the EU Directives that will eliminate the barriers to innovation and optimise the balance between protecting and promoting and facilitating innovation.
The membership of the independent Committee is Dr. Eoin O'Dell (Trinity College Dublin) (Chair), Patricia McGovern (DFMG Solicitors, Dublin), and Prof. Steve Hedley (University College Cork).
