Written answers

Thursday, 9 December 2021

Department of Enterprise, Trade and Employment

EU Directives

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael)
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109. To ask the Minister for Enterprise, Trade and Employment his views on whether the recently transposed EU Copyright Directive can assist businesses and workers in the media sector. [60636/21]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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The EU Directive on Copyright in the Digital Single Market 2019/790 was transposed by way of S.I. No. 567 of 2021, the EU (Copyright and Related Rights in the Digital Single Market) Regulations 2021. The Regulations strengthen the rights and protections of copyright holders in order to reflect the impact of technological advances and increased digitalisation.

The new Regulations also address the legal uncertainty that existed when copyright-protected material was circulated online by way of social media and online platforms. Authorisation is now required from copyright holders so that the online platforms can continue to circulate copyright-protected works such as music, videos, or other works, online. This authorisation is usually obtained by way of a license from the relevant copyright-holders’ representative, i.e., from a collective management organisation.

The Regulations also provide for wider access and use of copyright protected works for the benefit of a broad range of stakeholders, including the creative sectors, press publishers, researchers, educators, cultural heritage institutions, and citizens.

Specifically, as per Regulation 13, the new requirement establishes a press publishers’ right allowing press publishers (and therefore the industry and its workers including journalists) to seek remuneration for the online exploitation of their works by news aggregators (e.g., the online platforms). Typically, as with other types of copyrighted works, the fee payable for use by an online platform of a press publisher’s work would form part of a licensing agreement between both parties.

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