David Norris (Independent) | Oireachtas source

I move amendment No. 1:

In page 16, line 18, after "given in" to insert "an educational institution or in".

I have very valuable and able seconders, including my colleague, Senator Bacik. I have just landed from a six hour flight so I am a bit daft. Senator Warfield and probably Senator Ruane also support the amendment.

I have been briefed on these matters by Professor Eoin O'Dell. I am not sure if he is in the Gallery; I cannot see because I have broken my glasses. I tried over the past five days to contact him by email and telephone without success but luckily I managed to get a copy of the amendments on my way to the plane in Larnaca this morning. I have read them and I have a certain understanding of them.

Although this is a technical Bill and the amendments are therefore technical as well, they seem to cover an important range of subjects. I will deal with the first two as I am sure we will have a little argument to and fro, particularly as I have distinguished legal colleagues with me. As I see it, the primary aim of the amendments is to enable people in an academic atmosphere - in a university, library or somewhere like that - to have access to copyrighted material outside the restrictions of natural copyright. I very much welcome the fact that the Minister of State is taking charge of the Bill as I know he is open-minded. I remember approximately 15 years ago there were alarms about the question of copyright and the length of copyright. I spoke to the then Minister who was responsible for the matter and warned about the attempt by the European Union to standardise copyright. I argued it would have a very significant effect on the studies of the works of Mr. James Joyce, for example. The Minister took that on board but this was introduced as a statutory instrument from the European Union under a heading that did not immediately attract attention to the literary component. As a result, it went through and we followed the example of the majority of countries in Europe, extending the length of time under which copyright subsisted from 50 years to 70 years, with pretty catastrophic consequences for Joyce scholarship.

The Bill would insert the following subsection:

(2) Without prejudice to the generality of section 50(1), the brief and limited display of a copy of a work —(a) either—

(i) in a prescribed library or prescribed archive or by the librarian or archivist of a prescribed library or prescribed archive, or

(ii) during the course of a public lecture given in a prescribed library or prescribed archive or given by the librarian or archivist of a prescribed library or prescribed archive,

In a brief discussion with the Minister of State in the ante-room, he assured me the scope of the amendments was covered by the Bill. Professor O'Dell and my supporting colleagues are concerned that the Bill is not broad enough.We need to include the words "an educational institution or in". It seems to be restricted to a library or a public lecture in a prescribed library or undertaken for the sole purpose of education accompanied by sufficient acknowledgement. It would strengthen the Bill if we included "an educational institution or in".