Dáil debates

Tuesday, 31 January 2012

Proposed Statutory Instrument on Copyright: Statements

 

6:00 pm

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)

I take the Deputy's points. I do not believe reputational damage will arise from this. It is a statutory instrument. We must ask its purpose. We must bear in mind Mr. Justice Charleton's judgment in the case of EMI and others v. UPC. Advice received from the Attorney General under the last and current mandates stated that, in order to remove any doubt as to the right of the copyright holder to seek an injunction, the best approach would be to amend existing legislation. In this statutory instrument, all we are doing is amending existing legislation, namely the Copyright Act. Having regard to the Charleton ruling, we are putting ourselves in a position in which there will be no doubt as to whether we will be compliant with EU law.

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