David Stanton (Cork East, Fine Gael)
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Question 281: To ask the Minister for Jobs, Enterprise and Innovation the measures he is taking to combat digital piracy, in particular, the downloading of movies and the copying of pirate downloads and the illegal viewing and downloading of movies from the Internet; if he has an estimate of the cost of these actions to both the legitimate industry and the State; and if he will make a statement on the matter. [3282/12]

Seán Sherlock (Cork East, Labour)
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I would point out that Ireland has a strong and robust regime for dealing with copyright infringements whether in the digital environment or otherwise. The Copyright and Related Rights Act 2000 provides a technology-neutral exclusive right for copyright owners to communicate their works through any mode. The Act also contains extensive provisions dealing with infringement of that right or others, whether civil or criminal.

The rights holder may proceed against those who infringe their copyright in a number of ways. For example, in the digital environment, it is an infringement for the person providing facilities (such as an internet service provider) not to remove infringing material when notified by the rights holder. Another remedy allows the rights holder to obtain the identities of alleged infringers, including those involved in illegal file-sharing, from an internet service provider by means of judicial process. These can then be pursued in the same manner as any other infringers. It should also be borne in mind that the Copyright Act provides for secondary and contributory liability.

In relation to one of the remedies available to rights holders, a High Court judgment has held that, by reason of provisions of the Copyright and Related Rights Act 2000, an injunction is not available in cases of transient communications, and suggested that Ireland did not fully comply with EU law. For the avoidance of doubt, a legislative instrument is being finalised to restate the position that was considered to exist prior to this judgment.

In granting such injunctions the courts must take account of Court of Justice of the European Union judgements. These require that a fair balance be struck between the various fundamental rights protected by the Community legal order and the principle of proportionality. That would include, inter alia, the protection of the fundamental rights of individuals who are affected by such measures, the freedom to conduct a business enjoyed by operators such as Internet Service Providers, the protection of private data and right of freedom of expression and information. It is expected that this measure will be introduced this month.

The Minister does not have information in relation to the costs of copyright infringement in the area of digital piracy. Independent research as to the effects of illegal downloading is limited therefore the costs of such activity are not readily quantifiable. However, in the judgement of Mr Justice Charleton in EMI & Others vs UPC (2009 no. S472 P) it is noted that Mr Dick Doyle of the Irish Recorded Music Association posited a cost of €20m per annum in relation to music.