Written answers

Tuesday, 7 December 2010

Department of Enterprise, Trade and Innovation

Proposed Legislation

11:00 am

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 355: To ask the Minister for Enterprise, Trade and Innovation his plans regarding digital copyright law reform; and if he will make a statement on the matter. [45996/10]

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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Copyright is basically a monopoly balanced by exceptions and limitations. On the one hand, owners of copyright and related rights are anxious to protect their rights and to obtain a fair return for their efforts; on the other hand, users are concerned to have reasonable access and use of copyright material. Copyright is central to innovation, both encouraging it and providing rewards. But this regime may be potentially opposing - if we reward a creator with a monopoly over his work, and prohibit others using that work, then the risk is the prevention of the next round of innovation. The challenge, therefore, is to strike the delicate balance between reward and innovation.

A series of directives has largely harmonised copyright law in the EU. Whether this regime is adequate in a swiftly evolving digital world and for the promotion of a more vibrant market for on-line distribution of creative content has long been exercising EU authorities. It is recognised that consumers want access to a wide choice of content and an end to the confusion about how they may use on-line material. Commercial users need easier and quicker rights clearance structures so they can obtain rights for diverse creative content and rightsholders want to offer their works to the widest audience and ensure that they are remunerated fairly and adequately.

To these ends, I strongly support the measures put forward in the recent EU "A Digital Agenda for Europe" and look forward to engaging constructively on the actions proposed:

o Simplify copyright clearance, management and cross-border licensing by Enhancing the governance, transparency and pan European licensing for (online) rights management by proposing a framework Directive on collective rights management by 2010;

o Create a legal framework to facilitate the digitisation and dissemination of cultural works in Europe by proposing a Directive on orphan works by 2010, to conduct a dialogue with stakeholders with a view to further measures on out-of print works, complemented by rights information databases;

o By 2012, review the Directive on Re-Use of Public Sector Information, notably its scope and principles on charging for access and use;

o After an extensive stakeholder dialogue, report by 2012 on the need for additional measures beyond collective rights management allowing EU citizens, online content services providers and right-holders to benefit from the full potential of the digital internal market, including measures to promote cross-border and pan-European licenses, without excluding or favouring at this stage any possible legal option;

o In preparation thereof, issue a Green Paper addressing the opportunities and challenges of online distribution of audiovisual works and other creative content by 2010;

o On the basis of the review of the Directive on the enforcement of intellectual property rights, and following extensive stakeholder dialogue, report by 2012 on the need for additional measures to reinforce the protection against persistent violations of intellectual property rights in the online environment, consistent with the guarantees provided in the Telecoms Framework and fundamental rights on data protection and privacy.

In addition, I have been approached about the benefit of introducing various exceptions in EU law and I consider that the feasibility and practicality of these measures should be examined.

I am conscious of the importance and urgency of this matter and am fully committed to achieving the fairest balance possible.

Photo of Deirdre CluneDeirdre Clune (Cork South Central, Fine Gael)
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Question 356: To ask the Minister for Enterprise, Trade and Innovation his plans to introduce a cost level below which alcohol can not be sold; and if he will make a statement on the matter. [46166/10]

Photo of Batt O'KeeffeBatt O'Keeffe (Cork North West, Fianna Fail)
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The sale of alcohol is essentially regulated by the liquor licensing laws, which are the policy responsibility of the Minister for Justice and Law Reform and I have no direct function in this matter.

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