The Gazette 1992

GAZETTE

MARCH 1992

arrangement to that prevailing in the 12th edition, the result of which is, in effect, that the book has been rewritten. Prior to the passage of the 1988 Act the law in the UK was covered by the Copyright Act, 1956. As the 13th edition rather acidly remarks of our own Copyright Act, 1963: " I t has considerable resemblances to the 1956 Act." In fact the Irish Act has been referred to with tongue in cheek as a good example in itself of breach of copyright. The only substantial difference between the 1963 Act and the UK 1956 Act was that the Irish government declined to create a Performing Rights Tribunal but instead vested the arbitration arrangements in relation to the statutory licences and the licensing schemes with the Controller of Industrial and Commercial Property whose main occupation was to look after the Patents Office. This was an obvious cost cutting measure in the expectation (until recently proved correct) that the services of a copyright tribunal would not be much called upon in Ireland. As a result, the law was very much the same in Ireland as in the UK until the passage of the 1988 Act in the UK and the 12th edition is therefore still vitally relevant to the practitioner in Ireland today. The 13th edition does refer back to the 1956 Act for comparative purposes but it is harder to read a textbook to deduce the Irish position from references to a position which no longer prevails. However, the new edition does provide an excellent section on the impact of the EC and the decisions of the Court of Justice particularly dealing with the cases involving copyright collection societies. The section on the copyright position in the US is also extremely useful. It gives to the practitioner as concise an exposition as he is likely to come across of the extraordinarily complicated copyright position in that jurisdiction which is the only system where an effective copyright registry is operated. The changes brought about in the US in the mid

1970s brought the US copyright arrangements somewhat more in line with international practice and various amendments since have allowed for what must be one of the most historic events in international copyright protection viz the accession of the US to the Berne Convention in 1989 more than 100 years after the original Convention was originally entered into. The 13th edition has an excellent appendix dealing with UK legislation, US legislation and international conventions. It has a short schedule of precedents which would be of more use to counsel rather than solicitors, even in the UK as it is primarily directed towards the drafting of pleadings. Solicitors dealing with copyright and entertainment law contracts would be more inclined to use the now very detailed precedents in circulation amongst that relatively small community in London and even smaller community in Dublin with a nod to Butterworths excellent precedents. The new edition is obviously to be welcomed overall in anticipation of the likely reform of the copyright law in Ireland over the next few years. As with many other areas of law, law reform in this area in Ireland is being driven by the very rapid developments taking place in Brussels. It is believed that a text book on Irish copyright law is in the offing from a member of the inner bar, the only difficulty being the prospect of almost immediate obsolescence with the passage of a new Act. It is likely that a new Irish Act may substantially diverge from the 1988 Act not only in recognition of some of the difficulties which have arisen in relation to it, but also in response to the pressure from elements both in the entertainment industry and the EC in relation to such issues as the blank audio tape levy which was not introduced in the UK. There are already a number of references pending, or about to be filed, with the Controller in Ireland, as well as the very busy anti-piracy activity, an increasing volume of work in the

areas of films, television and music and the uses of copyright in industrial and computer related services. There is little doubt that what was previously a much neglected area will receive considerably more attention in the future. James Hickey Annual Review of Irish Law, 1990. By R. Byrne and W. Binchy [Dublin, The Round Hall Press, 1991, hardback, IR £65] The writer of this notice was recently pleased to write a brief recension of the Annual Review. He wrote that the multiplicity of laws (including case law) would make Malthus stand aghast. More than ever the law has concluded by stating that the Annual Review provided a rich analysis on a wide spectrum of law and should be a treasured part of every lawyers's library. Sometimes the flexibility of language is stretched by certain reviewers; some reviewers have a facility for euphemisms, optimistic cliches and skilful literary camouflage which must be read with some care. This writer can state categorically that his (humble) recommendation that the Annual Review should be a treasured part of every lawyer's library was no empty shibboleth. This short notice is addressed to two sets of readers. Those who possess a copy of previous Annual Reviews should note that the present Annual Review exceeds expectations. To those who have never purchased a copy of a previous review, the writer will explain what the Annual Review attempts to achieve. The 1990 volume is the fourth in the series and provides practitioners, academics and students with an analytical and perceptive account of the legal output of the courts, the Oireachtas, scholars and practitioners during the year in question. Every decision of the High Court, Court of Criminal Appeal and Supreme Court is become an exacting profession demanding of her devotees ever increasing knowledge. The writer

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