Dáil debates

Wednesday, 18 April 2018

Copyright and Other Intellectual Property Law Provisions Bill 2018: Second Stage

 

8:20 pm

Photo of Niamh SmythNiamh Smyth (Cavan-Monaghan, Fianna Fail) | Oireachtas source

I welcome this Bill, which will update and modernise the copyright regime in Ireland. In particular, I welcome the extension of the jurisdiction of the Circuit Court and the District Court in order to facilitate rights holders to seek relief by bringing civil proceedings relating to lower-value IP infringement claims before those courts. To date, many artists have been put off taking court action to protect their copyright because of the high costs involved in High Court actions. It is hoped that the extension of the jurisdiction of the District Court and the Circuit Court will help to change the position in this regard.

The types of work eligible for copyright protection include long-established categories such as written or recorded literary and artistic works, as well as more modern forms such as broadcasts, cable television transmissions and computer programs. Copyright can apply to arrangements of materials, such as typographical arrangements of published works, and original databases. It also confers rights relating to the performance of works, as distinct from the underlying literary or artistic works that are being performed. Copyright is the guardian of one of the most precious skills - that of creativity. As the Fianna Fáil spokesperson on arts and heritage, I am particularly interested in the impact copyright infringement has on artists and practitioners working in the creative industries.

For too long piracy of artistic works has been viewed as a victimless crime. At a minimum the Government should campaign to ensure that those guilty of copyright infringement are aware that they are operating illegally and that their conduct is impacting on artists and the economy.

Many years ago the UK introduced an anti-piracy campaign that saw people who persistently pirated movies and music receive emails warning that their actions were illegal. The Government should look at that scheme.

Ireland has one of the highest rates of illegal downloading of films and television shows in the world. Per capitaIreland is 12th in the world for piracy. It is estimated that this costs the Irish economy €60 million annually. Further, film and television piracy represents a real and direct threat to people employed in the creative industries. I am not overstating the issue when I say that copyright piracy is industry-threatening. More infringement means less film production, which results in fewer jobs in our creative and artistically-talented population.

There is a perception that a person who illegally downloads films and television programmes is only hurting the film and television industry and that such actions do not hurt anyone if we do not pay for what we view. However, films made in Ireland can become unprofitable if they are pirated. Thus it is clear that such actions represent a crime with a victim. The film industry in Ireland provides 7,500 jobs directly. If films are not made, those jobs will not be there.

The Irish Film Board maintains it is vital that the Irish film industry be given a fair opportunity to find an audience without being undermined by digital piracy. Irish film professionals are helping to promote Irish storytelling and arts on the world stage and they deserve our support.

The Audiovisual Federation has called for the establishment of an interagency task force to tackle digital piracy in view of the Exchequer revenue evaded and the jobs lost. I call on the Government to consider this proposal. If the Government is serious about tackling copyright infringement it would surely agree to it.

Ireland has a strong tradition and exerts global influence over literature, music, dance, theatre, film and art. We have a rich heritage of storytelling that has evolved into a rich film industry. We also have a fantastic pool of people and, more important, ideas. We must protect this intellectual property.

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