Seanad debates

Wednesday, 26 September 2007

Copyright and Related Rights (Amendment) Bill 2007: Second Stage.

 

5:00 pm

Photo of Michael AhernMichael Ahern (Cork East, Fianna Fail)

As for the inclusion of CDs and DVDs in the public lending remuneration scheme, for administrative reasons the scheme will apply to books only in the first instance. However, the legislation allows for the extension of public lending rights to other works at a later date. This is included in the proposed new section 42A(2)(a) contained in section 7 of the Bill.

Senator Alex White raised a question regarding the exemption of educational establishments and it is intended to continue this exemption. I am satisfied this will not conflict with the European Court of Justice, ECJ, judgment, as the directive allows for the exemption of certain categories of lending institutions, which could include schools, colleges and other educational establishments.

Another question was raised as to the reason the Government took so long to introduce this Bill. Although Ireland transposed the lending directive in 2000, the issue the Commission took up with us is that we incorrectly transposed the directive. At the time, based on legal advice from the Office of the Attorney General, the Government's understanding was the transposition was correct and the exemptions were justified. However, since January 2007, it has been known definitively that this view is incorrect. The judgment of the ECJ has made this clear, which is the reason the Government has introduced this Bill and intends to deal with it quickly. Were it not for the general election, it would have been passed before the summer.

I hope I have covered most of the points raised. Hopefully the Committee Stage debate will take place next week and Members' questions may be dealt with in greater detail. I hope for rapid progress on the Bill's enactment and I look forward to working with Members to achieve this objective.

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