The Gazette 1993

GAZETTE

APRIL

1993

Directive aims at harmonising the

protection of authors, performing

artists, broadcasters and film

producers, regarding rental and

lending rights and certain other

rights.

Member States may derogate

from the exclusive lending rights for

cultural reasons but not affecting the

obligation to remunerate authors

equitably. General EC competition

policy may be relevant. The

Department of Enterprise and

Employment, via the Controller of

Patents who has responsibilities

under the 1963 Act, would deal with

reform of Irish copyright law taking

EC studies and measures into

account. The Copyright Acts 1963-87

should be replaced by a modern Act

with detailed provisions on fair

dealing e.g. by libraries, as in s.29,

UK 1988 Act.

Conclusion

It is a long time-span from the

cogger Columcille to modern

copiers. The universal need to

protect individuals' rights to literary

efforts have spurred modern

initiatives at global and national

level. The Irish Copyright Licensing

Agency provides a practical solution

to the problem of widespread abuse

of authors' and publishers' rights by

unauthorised copying. Users of

education, administration and the

professions should be aware of

developments and in their own

interest co-operate with the ICLA

licensing system.

"The Irish Copyright Licensing

Agency provides a practical

solution to the problem of

widespread abuse of authors' and

publishers' rights by unauthorised

copying."

References

1. The Irish Copyright Licensing

Agency. What it is and What it Does:

Information Leaflet, Irish Writers

Centre, 19 Parnell Square, Dublin 1,

phone (01) 729090.

2. Murdoch H,

A Dictionary of Irish

Law

Topaz, Dun Laoghaire.

Sayre -v- Moore,

1785, quoted in

Clarke, Hadley & Copyright

Licensing Agency Ltd. UK (CLA),

pamphlet,

Collective Administration

of Literary Works, Principles and

Practice: The British Experience

1991,

London.

4. Posner,

Law and Literature A

Misunderstood Relation

Harvard

Univ. Press, 1988.

Phonographic Performance Ltd

-v-

Somers

[1992] ILRM 657.

Anton Pilar KG

-v-

Manufacturing

Process Ltd.

[1976] 1 All ER 779 @

784.

American Geophysical Union et al. -

Texaco

quoted in

The Bookseller

31/7/1992 &

Publishers Weekly

New

York 3/8/1992.

Antocks Lairn

-v-

Bloohn

[1971] FSR

490;

Sifam Elec. -v- Sangamo Weston

[1971] FSR 337; [1971] 2 All ER

1074.

ICLA

Information Leaflet, 1 supra.

10.

European Intellectual Property

Review National Reports

vol.

14.11.92, Sweet & Maxwell, ESC.

11. Universal Declaration of Human

Rights

Art. 27, 1947, referred to in

Clark.

Photocopying from Books &

Journals,

pamphlet, British Copyright

Council, 1990.

12.

Berne Copyright Union Universal

Copyright Convention.

13.

Copyright (Foreign Countries) Order

1978 (SI 132/3 of 1978).

14. Prof. John N. Adams (Director,

Common Law Institute of Intellectual

Property),

Harmonisation of EC

Intellectual Property Law: An

Overview

Irish Centre for European

Law, Trinity College, Dublin,

conference November 1992.

15.

EC Commission Document

COM

(90) 586 final - Syn 319 (<

No. C

53, 28.2.1991, page 35) and

Bulletin 12. 1990

referred to in

Brief

3, 58 & 115, 1992 update, Gregg

Myles, solicitor, Locksley Press,

Lisburn, BT28 3BG, Northern

Ireland.

Textbooks.

Coppinger & Skone James,

Copyright,

Sweet & Maxwell, 1991.

Laddie,

Modern Law of Copyright,

2nd ed. Butterworths, 1987.

Stewart

International Copyright &

Neighbouring Rights,

Butterworths,

London, 1983.

European Initiatives in

Intellectual Property

ed Paul

Coughlan, ICEL Publication 19, 1993

ICEL TCD.

Thanks to my Bar colleagues,

James

Bridgeman

and

Muireann O'Briain,

for

their help during research for this article.

*Anthony P. Quinn *Barrister; MA; B.

Comm; FCIArb; Dip.Arb.Law;

Dip.Intrnl.Arb.Law; P.AAA; Dip. Publ.

Adm; FIIS. is a nominee of Irish Writers

Union on the non-executive board of the

Irish Copyright Licensing Agency Ltd

but this article was written in his

personal capacity.

AIJA - (International

Association of Young

Lawyers)

Regional Weekend - Leeds - 21-23

May, 1993 "The environment -

burdens on industry"

AIJA is an international organisation

of over 2,000 young lawyers in over

50 countries, aimed at promoting the

interest of an encouraging co-

operation and mutual respect

between young lawyers from all

countries.

Every year regional weekends are

organised to gather together lawyers

from neighbouring countries to meet,

socialise and study a particular topic.

This year's UK regional weekend is

being held in Leeds on the weekend

of 21-23 May, 1993.

The meeting has taken environmental

law as the theme for the seminar in

recognition of its impact and cost on

business and an international panel

of speakers has been selected to

provide a broad approach to this

comprehensive subject.

The conference schedule also

includes an equally important social

element and represents an ideal

opportunity to meet lawyers from

England, Wales and Scotland.

The registration fee (for the seminar

and all meals) for AIJA members is

£140.00 Sterling and £155.00 Sterling

for non-members. Extremely

reasonable accommodation costs (per

night - £40 single and £60 double)

have been negotiated and there are

direct Aer Lingus flights to

Leeds/Bradford airport.

Further information and booking

forms can be obtained from AIJA

Regional Vice President,

Petria

McDonnell,

who also has details on

AIJA membership and the

forthcoming annual conference in

Rio de Janeiro (Aug 23-27). Petria

can be contacted at

McCann

FitzGerald, 2 Harbourmaster

Place,

Custom House Dock, Dublin 1. (Tel

01 8290000).

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