Oireachtas Invited to Legislate to Protect the Constitutional Rights of Copyright Owners - UPC wins against the Irish Music Industry
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On Monday Mr Justice Peter Charleton gave judgement in favour of UPC against the Irish record industry in a landmark copyright case. The Judge determined that the Plaintiff had not succeeded in its attempt to procure an injunction against the internet service provider. UPC had claimed that it had no liability under the Copyright and Related Rights Act 2000 and argued that it was a mere conduit for illegal downloading. The Judge held that copyright law made no proper provision for the blocking, diverting or interrupting of internet communications intent on breaching copyright.
In his judgement the Judge criticised UPC’s failure to take action against those involved in illegal downloading and stated he was “not satisfied that the attitude of UPC toward the illegal sharing of copyright material over the internet is either reasonable or fair”. He said that while an injunction directing UPC to act against privacy was merited on the facts of the case, the lack of any provision in the 2000 Act prevented the granting of the orders sought.
The Judge went on to say that internet piracy was devastating the recording companies’ business in Ireland and the retail sector in Ireland: “If there are no profits, and no royalties to artists, the legal sale of recorded music, through the preparation of albums, will stop”. He made reference to legislation and procedures in the US, the UK, Belgium and France and said that Ireland’s legislation with regards to copyright and piracy is clearly not in line with other States. He stated that “Legislative intervention is required, if the Oireachtas sees fit, to protect constitutional rights to copyright and foster the national resource of creativity”.
Interestingly, the Judge said that he had erred in his previous judgement in the Eircom case as there was no legislative basis in Irish law that enabled him to reach the conclusions he did and he invited the Parties involved in that case to reapply to the Courts.
The judgement is available to read here.
