Challenges facing the Copyright Review Process

Posted on May 26, 2011 by John Cahir

 

I have been mulling over the review of Irish copyright law recently announced by the Minister for Jobs, Enterprise and Innovation Richard Bruton. This is a commendable initiative and it is reassuring to see that that it has been staffed by a review committee (chaired by Dr. Eoin O’Dell, a lecturer at Trinity College Dublin and blogger) with expertise in the copyright field.

The review is the first substantial assessment of Irish copyright laws since the adoption of the Copyright and Related Rights Act 2000. The terms of reference state that the review is intended to focus on reforms aimed at promoting “innovation”. An examination of the US “fair use” doctrine is also to be undertaken. The end of June has been set as the deadline for receiving submissions.

Innovation and “fair use” are unquestionably worthy candidates for review, but there are a number of difficulties with the terms of reference that immediately spring to mind:-

  • “Innovation” is a very broad concept that can mean different things to different people. For example, a creator of copyright works would regard strong copyright laws as important for promoting innovation, since they secure an increased incentive for him to engage in creative activity. In contrast, an individual that re-utilises copyright works would view strong copyright laws as inhibiting innovation. What perspective on “innovation” should the review committee adopt?
  • The terms of reference do not extend to a review of other intellectual property laws that also have a direct impact on innovation. This contrasts with the recently published Hargreaves report in the UK, which covered patents and designs as well as copyright.
  • A large part of copyright law now falls within the exclusive competence of the European Union. This means that the Irish government will have very limited scope to embark on its own initiatives. To be fair, the terms of reference recognise that the review committee may be able to do no more than recommend reforms for taking to the European table.
  • The terms of reference give no indication as to the evidence base that the review group will be able to draw on. You would expect a serious reform agenda to be based on concrete evidence of difficulties with the current system. Will the review committee be given the resources to gather that evidence?

In spite of the above challenges facing the review committee, I believe that the consultation process will foster a lively debate on the role of copyright law in innovation-focussed economies such as our own.

 

 

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Ireland and the Smart Economy

Posted on May 10, 2010 by John Whelan

The Smart Economy is at the centre of the Irish Government’s programme to reposition Ireland in the coming years as an economic centre for IP rich industry.  The work of groups such as the International Content Service Centre Task force and the Innovation Task Force are focussed on positioning Ireland as the country of choice for knowledge-based foreign direct investment, as well as on driving indigenous growth in the exporting high technology sector.

It is hoped that the momentum that the Government started with these initiatives is now maintained by seeing through their implementation.

See the strategy documents of these taskforces:

Ireland has the three necessary ingredients needed to be an international innovation hub:

  1. a skilled workforce for the creation of IP;
  2. a robust legal system for the protection of IP; and
  3. a favourable tax regime for the exploitation of IP.

We need the Irish government to continue to look at IP legislative changes to give us a competitive advantage over other jurisdictions…

The Commercial Court which handles almost all IP enforcement cases is one of the most significant recent innovations in the Irish IP legal landscape.  The efficiency of disposal of cases and the quality of judgments have been recognised internationally.  We need the Irish government to complement this and look at legislative changes that give us a competitive advantage over other jurisdictions – other countries are competing, and so must we if our Smart Economy is to become a reality.

The favourable tax regime, while essential, may not be enough on its own – we have a strategic opportunity, if not a necessity, to differentiate ourselves now through our broader legal offering. 

For more on this topic, you may be interested in this more complete article by John Whelan that featured in the Sunday Business Post.

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