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Wordle of Submission to the CRC

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  • Please show your support to make sure the voices of ordinary Internet users are represented in the debate on copyright.

    This link takes you to the download page for the full, final submission. We took into account all your comments and folded them into the text where appropriate (or possible). Thank you for the many improvements you allowed us to make.

    The submission will be made via the The Copyright Review Committee. It was prepared in response to the Committee's Consultation Paper.

The submission has been prepared by Catherine Murphy TD, Stephen Donnelly TD , Digital Rights Ireland and McGarr Solicitors.

  • Context for this submission Ireland’s Copyright laws are currently being examined by the Copyright Review Committee. The aim of the review is to identify barriers to innovation caused by the current legislative framework and to recommend solutions. The Review Committee has received lengthy and detailed submissions from Corporate entities representing the owners of copyright material. It is our view that the interests of intermediaries and consumers have to date been underrepresented. Thi [...]


    Executive Summary This submission sets out an approach to creating a copyright law which seeks to be adaptive to technological developments whilst ensuring the clear legal environment around copyright is fair, innovative, and accessible to end users. Our various recommendations recognise that an appropriate balance must be struck between the interests of artists, copyright owners, consumers and intermediaries. We seek a safe legal framework in which the fair exchange, sale, reproduction and c [...]


    We believe that the following principles should be at the heart of copyright reform: In any review of Copyright law, the needs of consumers and citizens should be a key consideration. Consumers are the ultimate paymasters for the producers of copyright works. The system of copyright must, at its heart, facilitate the fair payment of creators by consumers of their work. Reform must allow for the accelerating pace of technological change. It should be descriptive, rather than prosc [...]


    Under Ireland’s existing copyright laws it is illegal to engage in certain legitimate web-based forms of copying (e.g., links from Google, retweets) Ireland’s existing copyright laws give disproportionate power to copyright owners, which can lead to quashing of free speech and underinvestment in commercial web-based innovation; End-users are not well represented in lobbying efforts aimed at shaping Ireland’s copyright regime, perpetuating the allocation of disproportionate power to [...]


    Ensure the right of free speech is a central element of the new copyright regime, including in the areas of parody and satire; Legalise legitimate forms of copying by introducing an explicit and broadly defined “Fair Use” policy. Ensure the extent of copyright ownership is balanced against the public good; Design a system which is clear to all parties, including end users; Design an enforcement mechanism which is easy to understand, transparent and accessible to all parties; Target [...]


    Copying and Innovation In the digital age, Copying is now an ordinary activity. Every computer is a copying machine, and every Internet connection is a distribution mechanism for copies. Anytime something is downloaded, it is by definition copied. Copying may be as simple in practice as forwarding a link. Our laws were designed for the old analogue world, when making exact copies was a difficult business, involving physical printing machines, and complicated duplication setups. C [...]


    This review represents the best opportunity for Ireland to realign the intellectual property regime into one in which is innovative, adaptable and fit for the future. In doing so, Ireland can gain a competitive advantage compared to other jurisdictions as a place to live and do business in the digital age. Provide for Free Speech Free speech is at the heart of our democratic system. Copyright cannot be allowed to fetter the spread of ideas. There are certain exemptions in relation to this. [...]


    Video Saved the Movie Star In 1976, Universal Studios and the Disney Corporation sought to curtail the use of the Betamax VCR (a videocassette recorder) by way of litigation proceedings against Sony. Universal and Disney argued that a major use of a video recorder was to make illegal copies of their works, and therefore should be banned. Sony, according to the complainants, were contributing directly to this breach, and they were thus liable to pay compensation, and would need to stop selling [...]


    (1) Is our broad focus upon the economic and technological aspects of entrepreneurship and innovation the right one for this Review? The needs of consumers needs to be brought into sharper focus. Innovation needs to be focused on providing the best results for the consumer in terms of quality and value-for-money. Sustainability should also be a watchword. (2) Is there sufficient clarity about the basic principles of Irish copyright law in CRRA and EUCD? In general yes, they are, although th [...]


    Appendix 1 Dr Rufus Pollock: Value of the EU Public Domain Appendix 2 The RSA: Adelphi Charter Appendix 3  : Declaration for Europe Appendix 4 Centre for Intellectual Property and Information Law, University of Cambri [...]


    If you'd like to take a copy of the text of this submission to read, alter, build upon or otherwise improve please click on this link below for the file in a Rich Text Format file.   Copyright Review Committee Submission


    Download the final submission to the Copyright Review Committee as a PDF: Copyright Review Committee Submission