The Gazette 1993

MARCH1993

GAZETTE

Copyright - New Licensing Agency and Other Developments

so time-consuming and expensive to copy a book that it would be more economical to buy an original copy and directly reward the author. Legislation The first English Copyright Act was passed in Queen Anne's reign, 1709 (8 Anne c.19). That legislation was narrower than modern Acts and it did not protect translations from foreign languages. Protection was mainly for booksellers who then were also publishers. Much classical literature from the nodder Homer to the plagiarist Shakespeare was created prior to copyright Acts. The Irish Copyright Act, 1963 (the 1963 Act), provides in s.7 (1) that copyright in a work is the exclusive right to do, and to authorise other persons to do, certain acts in relation to that work which in the relevant provisions are designated acts restricted by the copyright in a work of that description. 5 Restricted acts include not only the obvious e.g. publication and public performance or broadcast as appropriate, but also reproducing the work in any material form. To put readers on notice, most modern publications refer to rights reserved and also prohibit photocopying and recording without copyright holders' permission. Ss.12 and 14 for fair dealing exceptions e.g. research, private study, criticism or review, lack the detailed provisions of s. 29, UK 1988 Act. In Ireland, students may copy within limits (10% of a work) for strictly personal research Widespread copying by individuals on the instructions of educational institutions is arguably stretching fair dealing to the point of illegality. Infringement and Remedies S. 7 (3), 1963 Act provides that or study but multiple copying without permission is illegal.

printed information. In Sayre -v- Moore, a case of 1785 re the copying of maps, Lord Mansfield referred to the need to reconcile the rights of creators and users. 3 "The law tries to achieve a balance between two public interests: reward for the personal ingenuity of owners of rights and organised society's demands for access to printed information."

by Anthony P. Quinn*

Do existing laws and procedures adequately protect copyright owners in this technological era? Mass use of copiers in offices and libraries facilitates the abuse of reprographic rights, i.e. facsimile reproduction in paper form. This article outlines how the new Irish Copyright Licensing Agency, a joint initiative by authors and publishers, has devised collective licensing and royalty collection procedures to protect the interests of authors/publishers and facilitate educational institutions and other users of copyright printed material. 1 "To every cow her calf and to every book its copy." "Le gach bó a buinin, agus le gach leabhar a chóip." So held Diarmaid MacCearrbheoil, High King, finding in favour of the plaintiff in the historic case of St. Finnian of Maigh Bhile -v- St. Columcille, 560 AD. The plaintiff demanded return of a Gospel book and its copy secretly made by the defendant without consent. In his judgment, Diarmuid rejected the plaintiff's arguments that the copy was his property. Copyright was an exception to the general principle of the Brehon laws that property such as land belonged to the clan. 2 Thus, even in ancient times, a right to the fruits of literary efforts was recognised. The principle in Finnian -v- Columcille was enshrined widely in jurisprudence (not necessarily on the basis of that Celtic precedent) to protect intellectual property rights by copyright. The law tries to achieve a balance between two public interests: reward for the personal ingenuity of owners of rights and organised society's demands for access to Background

Anthony P Quinn Copyright and Creativity

The relationship between copyright and creativity was explored by US Judge Richard A. Posner. 4 There is an analogy with primitive agriculture in a society without property, rights where anyone could reap the benefit of others' efforts. Work shifted to more rewarding activities. The position of authors' creativity is more complex. As Judge Posner explains, authors write for reasons other than money. Inner satisfaction, hope of immortality, prestige or fame may be the spur. Copyright law was not so necessary in the past when printing was licensed. It was