Response to questions and concerns re #SOPAIreland from Lucinda Creighton TD,



Dear



Thank you for getting in touch with me expressing your concern about proposed legislation in the area of copyright law.



First, I’d to clarify that Minister of State, Sean Sherlock TD, has emphasised that he has not put forward any proposals to enact a “Stop Online Piracy” type Law.



Second, I’d like to emphasise that the need to legislate arises from a finding of the High Court in October 2010 that Ireland was not in compliance with its EU obligations under Copyright Directive 2001/29/EC as the High Court found itself unable, under existing primary legislation, to grant an injunction against an intermediary. As you will appreciate, failing to be in compliance with our obligations under EU law is a very serious matter.



Third, I believe it is important to emphasise that no policy change is proposed in the Statutory Instrument. It had been the intention of the Copyright and Related Rights Act, 2000 to provide civil remedies such as injunctions and it was assumed that the Act did, in fact, provide for such remedies until the High Court found otherwise in the case of EMI Ireland & others v. UPC in October 2010. The wording of the proposed Statutory Instrument has been framed in a way which gives effect to the wording of the EU Copyright Directive rather than extending its scope.



The intended purpose of the proposed Statutory Instrument is not to enact new EU legislation but, rather to restate the position that was though to exist in the Copyright legislation prior to the EMI Ireland case.



Last July Minister Sherlock held a public consultation in relation to the wording of a proposed Statutory Instrument amending Section 40 of the Copyright and Related Rights Act, 2000. More than 50 submissions were received from interested parties, providing an excellent overview of all the issues and concerned involved. Minister Sherlock has engaged extensively with interested parties in respect of their views and concerns.



The legislative measure is expected to be introduced shortly.



I hope this clarifies matters.

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