[Fsfe-ie] Copyright Developments

teresahackett at eircom.net teresahackett at eircom.net
Sat Jun 19 21:59:45 CEST 2004

The conference is by invitation only, so not sure how strict their door policy will be ;-) I think tomorrow is a reception, the conference proper starts Monday. I know some speakers and will get feedback.

I'm a bit puzzled about the proposed Notice of Seizure Order. This is basically the Anton Piller order, an injunction which we've already got in Ireland and which was put on a statutory footing by the IP enforcement directive (Art 6 evidence and Art 11 injunctions). But AP orders and the directive both require court orders before this private type of search warrant is granted, whereas this only seems to call for "the statutory authority for the seizure". If that's really what's being proposed, that's bad.

BTW, according to the press, the other amendment to the copyright right (below) results from a threat by the estate of James Joyce to a big exhibition just opened by the National Library of Ireland to celebrate Bloomsday. 

"Copyright and Related Rights (Amendment) Act 2004 
The Copyright and Related Rights (Amendment) Act 2004 amends Section 40 of the Copyright and Related Rights Act 2000 to provide that, for the avoidance of doubt, no infringement of any right created by the relevant Part in relation to an artistic or literary work occurs by reason of the placing on display the work, or a copy thereof, in a place or premises to which members of the public have access."


> Hi All,
> Walking past the RDS today I noticed a sign for "Copyright for
> Creativity in the Enlarged European Union: Profile, Perception,
> Awareness" on June 20-22. This is an EU presidency event. There will be
> debate on rights management, WIPO, etc. More information on the entemp
> website:
> http://www.entemp.ie/science/ipr/work.htm
> I'll see if I can pop in tomorrow, but don't expect to have time on
> Monday or Tuesday.
> While I was there I noticed some disturbing Orders in the works:
> Copyright and Related Rights (Notice of Seizure) Order 2004
> This allows a copyright holder (or rather someone claiming to be a
> copyright holder!) to seize allegedly illegal copies, illicit recordings
> or protection-defeating devices. Apparently the claimant simply has to
> notify the Garda that he is going to make a seizure, and the victim must
> then apply to the district court for his property to be returned.
> This has many problems: the victim is assumed to be guilty; it
> effectively puts the law into the hands of the copyright claimant; and
> there's a great chance of "denial of service", i.e. making a seizure
> under this Order just to make things difficult for the victim. As far as
> I can see, at least within the order itself, there is no way to deal
> with abusive seizures.
> The next one is:
> Copyright and Related Rights (Notify and Take Down) Order 2004
> This is has similarities with the Order above, and with the DMCA
> takedown stuff. Again a copyright claimant can get an ISP or other
> facilitator to remove allegedly illegal copies or illicit recordings.
> Again (it appears to me) the facilitator and victim are assumed guilty
> and must prove their innocence.
> I'll have a go drafting a response for the IPU of Entemp, but others
> with more experience please have a look and give your opinions.
> The drafts of these Orders are also available from
> http://www.entemp.ie/science/ipr/work.htm
> Regards,
> David
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Teresa Hackett
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