Written answers
Tuesday, 1 October 2024
Department of Enterprise, Trade and Employment
Legislative Measures
Cathal Crowe (Clare, Fianna Fail)
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136. To ask the Minister for Enterprise, Trade and Employment if the Copyright and Related Rights Act 2004 (as amended by the Copyright and other Intellectual Property Law Provisions Act 2019) requires crèches, pre-schools, and primary and secondary schools to have a licence to show DVDs and programmes broadcast on television stations to children; and if he will make a statement on the matter. [39113/24]
Peter Burke (Longford-Westmeath, Fine Gael)
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In general, the playing of copyright protected material in public areas is an act governed by copyright law. The national legislation known as the Copyright and Related Rights Act, 2000 - enterprise.gov.ie/en/legislation/legislation-files/unofficial-consolidated-copyright-and-related-rights-act-2000-as-amended-.pdf (as amended) (the ‘CRRA’) gives the owners of copyright protected works certain rights over the use of their works. The legislation provides that the showing of audiovisual content, which is subject to copyright protection, in certain spaces outside the private home is considered a ‘public performance’ for which a licence is required to avoid copyright infringement.
The CRRA provides for the option of copyright owners to enter into agreements with licensing bodies, also known as Collective Management Organisations (‘CMO’s’) to represent their rights in relation to the public use of their copyright protected works. These organisations are responsible for the collection of licence fees from the users of the copyright protected works and the distribution of monies to the appropriate rightsholders.
CMO’s are required to register as licensing bodies with the Intellectual Property Office of Ireland (‘IPOI’). Information regarding these bodies is available on the IPOI website: www.ipoi.gov.ie, along with information on schemes and licenses that they administer.
I cannot advise if a particular business or organisation requires such licenses as the matter is entirely dependent on the actions which are being carried out. On that basis, it is for the business owner, having consulted the relevant information, to determine their obligations and obtain appropriate licenses if required.
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