This document discusses the work of the Irish Copyright Review Committee (CRC). It provides background information on the establishment of the CRC in 2011 and its terms of reference. The document then outlines the CRC's process, which included public meetings, submissions, an interim report in 2012, and a final report in 2013. The document shares some of the CRC's recommendations related to exceptions and limitations for education, disability access, and heritage/cultural institutions. Overall, it provides a high-level overview of the CRC's work reviewing Irish copyright law and recommending reforms.
The Digital Arts and Humanities PhD Structured Programme welcomed Dr Eoin O'Dell to the Royal Irish Academy for a discussion on all things "copyright" for the digital arts and humanities.
Abstract: Copyright functions both to enable and to curtail the development of digital arts and humanities. On the one hand, it incentives and rewards the creation of original literary, dramatic, musical or artistic works, sound recordings, films, and so on. On the other hand, by protecting such works, it precludes derivative works and downstream innovation. This talk will look at the extent to which copyright legislation in Ireland and Europe achieves an appropriate balance between these two competing ends, and at whether currently mooted reform proposals are likely to improve that balance.
Presentation to St. Paul Hospital Millennium Medical College OBGYN on September 5, 2013. See also: slides from Dr. Cary Engleberg's portion of the workshop focused on Designing Case-Based Learning http://www.slideshare.net/openmichigan/tutorial-case-based-learning-dr-cary-engleberg.
Techspo Digital Stories and Creative Commonsjpuglia
This is the presentation handout from the Bedminster Township session by Jen Giordano and James Puglia. It is titled Digital Stories in the Classroom: Incorporating the Creative Commons Network and Other Gadgets. Presented at Techspo in Atlantic City, NJ on February 1, 2008. This presentation is licensed under the creative commons network "share alike" license.
Copyright: Law of Copyrights and Infringement / A Presentation at NALSAR Hyde...BananaIP Counsels
Copyright: Law of Copyrights and Infringement / A Presentation at NALSAR Hyderabad
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
The Digital Arts and Humanities PhD Structured Programme welcomed Dr Eoin O'Dell to the Royal Irish Academy for a discussion on all things "copyright" for the digital arts and humanities.
Abstract: Copyright functions both to enable and to curtail the development of digital arts and humanities. On the one hand, it incentives and rewards the creation of original literary, dramatic, musical or artistic works, sound recordings, films, and so on. On the other hand, by protecting such works, it precludes derivative works and downstream innovation. This talk will look at the extent to which copyright legislation in Ireland and Europe achieves an appropriate balance between these two competing ends, and at whether currently mooted reform proposals are likely to improve that balance.
Presentation to St. Paul Hospital Millennium Medical College OBGYN on September 5, 2013. See also: slides from Dr. Cary Engleberg's portion of the workshop focused on Designing Case-Based Learning http://www.slideshare.net/openmichigan/tutorial-case-based-learning-dr-cary-engleberg.
Techspo Digital Stories and Creative Commonsjpuglia
This is the presentation handout from the Bedminster Township session by Jen Giordano and James Puglia. It is titled Digital Stories in the Classroom: Incorporating the Creative Commons Network and Other Gadgets. Presented at Techspo in Atlantic City, NJ on February 1, 2008. This presentation is licensed under the creative commons network "share alike" license.
Copyright: Law of Copyrights and Infringement / A Presentation at NALSAR Hyde...BananaIP Counsels
Copyright: Law of Copyrights and Infringement / A Presentation at NALSAR Hyderabad
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
General Data Protection Regulation (GDPR) and its implications for librariesLAICDG
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A lot of talk about the future of the internet sounds almost hippie-spiritual or faux-philosophical. The Internet is not the same as the world-wide-web. But the Internet-of-Things and the Semantic Web - all parts of Web 3.0, are beginning to be very important to our learning environments. Here is a summary of key features, ranging from access, creativity, and information architecture.
Thou Shalt Not Steal - What every teacher needs to know about staying legal o...Rachel Evans Boyd
SEE MY UPDATED VERSION OF THIS PRESENTATION HERE:
http://www.slideshare.net/rachelboyd/thou-shalt-not-steal-what-every-educator-should-know-about-staying-legal-online-updated-2011
Presentation on staying legal in an online environment, addressing copyright and introducing creative commons. Learning@School, February 2010.
Webinar slides on copyright and Creative Commons licensed resources to use in education presented to participants at Inverness College UHI, Tuesday 21 January, 2014.
Glam Wiki What Libraries And Archives Can DoJessicacoates
Copyright and open content presentation given at the GLAM-Wiki event (http://wikimedia.org.au/wiki/GLAM) bringing together representatives of Australian galleries, libraries, archives and museums with members of the Wikimedia community. 6-7 August, Canberra, Australia.
This presentation was created to accompany a 10 minute training session introducing staff to some of the key themes within technology enhanced learning.
Mental Health Act 2001 Toolkit Launch 10 Nov 2022Darius Whelan
The School of Law, University College Cork, has developed a Mental Health Act Toolkit in partnership with Mental Health Reform.
When people with mental health difficulties are admitted to mental health units, either on a voluntary or involuntary basis, it is vital that user-friendly, accessible, information is available regarding human rights. Access to this information is essential for people with mental health difficulties, their family members, advocates, supporters and carers. The Mental Health Act 2001 Toolkit is published on Mental Health Reform’s website.
Video of launch: https://youtu.be/cXOfqiMz77A
Toolkit:
https://www.mentalhealthreform.ie/mental-health-act-2001-toolkit/
Funded by the Irish Research Council.
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By TCD Associate Law Professor Eoin O’Dell. Talk held at the National Gallery of Ireland, Lavery Room, No. 5 Clare Street, Thursday, 16th November 2017, 6.30 – 7.45 pm.
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This presentation for Year 1 students in the Health Sciences Faculty forms the framework for a 2 hour workshop. It aims to educate them about Open Educational Resources, to develop their capacity to source appropriate material (especially images) on the World Wide Web, to raise an awareness of online copyright issues and to assist the students in understanding and respecting copyright laws. The link between health and human rights is used as the main topic for guiding students’ searches.
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Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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Slides by Dr Eoin O'Dell at Copyright Law for Digital Teaching and Learning, May 2014
1. &
Images via http://www.tcd.ie and http://teachingandlearning.ie
@cearta for @ForumTL at #CopyrightDTL
Copyright Teaching
Reform Learning
Dr Eoin O’Dell, School of Law, TCD
Chair, Copyright Review Committee
4
4. Terms of Reference
Image source: http://en.wikipedia.org/wiki/File:Codex_Vaticanus_B,_2Thess._3,11-18,_Hebr._1,1-2,2.jpg
@cearta for @ForumTL at #CopyrightDTL
5. Terms of Reference
Image source: http://en.wikipedia.org/wiki/File:Codex_Vaticanus_B,_2Thess._3,11-18,_Hebr._1,1-2,2.jpg
@cearta for @ForumTL at #CopyrightDTL
1 Examine copyright legislation to
identify barriers to innovation
2 Recommend solutions
3 Examine fair use
4 Make EU Recommendations
Digital-compliant / tech-neutral
6. 1 First public meeting (04/07/11)
2 First round of submissions
3 Paper (29/02/12)
Image source: http://commons.wikimedia.org/wiki/File:WLANL_-_MicheleLovesArt_-_Van_Gogh_Museum_-_Three_books,_1887.jpg
@cearta for @ForumTL at #CopyrightDTL
8. 4 Second public meeting (24/04/12)
5 Second round of submissions
incl online questionnaires
6 Report (01/10/13)
Image source: http://commons.wikimedia.org/wiki/File:WLANL_-_MicheleLovesArt_-_Van_Gogh_Museum_-_Three_books,_1887.jpg
@cearta for @ForumTL at #CopyrightDTL
14. Copyright Council
Image source: http://en.wikipedia.org/wiki/File:Victoria_Privy_Council_(Wilke).jpg
@cearta for @ForumTL at #CopyrightDTL
15. Copyright Council
created by the copyright community
as an independent self-funding body
with a widely representative Board
recognised by the Minister
supported and underpinned by the Bill
Image source: http://en.wikipedia.org/wiki/File:Victoria_Privy_Council_(Wilke).jpg
@cearta for @ForumTL at #CopyrightDTL
21. Rightsowners
Did not recommend levies
Remove unintended potential perpetual
copyright in unpublished works
Extend the range of civil remedies, incl
- damages
- rights of rightsowners to
enforce TPMs
http://www.flickr.com/photos/cornie/1596598696/ and http://upload.wikimedia.org/wikipedia/commons/f/f8/Printer_in_1568-ce.png
@cearta for @ForumTL at #CopyrightDTL
25. Linking not an
infringement
of copyright …
(draft Section
87A(1) CRRA)
Image source: http://www.flickr.com/photos/34547181@N00/4309431757/
Linking
@cearta for @ForumTL at #CopyrightDTL
26. … unless linker
knew or ought
to have known
that it linked to
infringing copy
(draft Section
87A(2) CRRA)
Image source: http://en.wikipedia.org/wiki/File:Internet_map_1024.jpg
@cearta for @ForumTL at #CopyrightDTL
27. a hyperlink is not
enough to constitute
communication to
the public
Paramount v BSkyB
[2013] EWHC 3479
(Ch) (13 Nov 2013)
[32] (Arnold J)
Image sources: http://en.wikipedia.org/wiki/File:Sky_logo.svg and http://en.wikipedia.org/wiki/File:Paramount_Pictures_logo_(2013).jpg
@cearta for @ForumTL at #CopyrightDTL
28. a clickable link is a
communication but
not “to a new public”
Svensson v
Retriever Sverige AB
Case C-466/12
CJEU 13 Feb 2014 [25]
Image source: http://books.google.ie/books?id=hxxAAAAAcAAJ&pg=PA385#v=onepage&q&f=false
@cearta for @ForumTL at #CopyrightDTL
30. Marshalling
Reproduction of a very small snippet
of text reasonably adjacent to the link
< 160 characters or 2.5% of the work
Subject to a cap of 40 words
Draft section 87A(3)-(6) CRRA
@cearta for @ForumTL at #CopyrightDTL
Image source: http://en.wikipedia.org/wiki/Aircraft_marshalling
34. Fair dealing
Image source: http://commons.wikimedia.org/wiki/File:Stow_Horse_Fair_-_geograph.org.uk_-_1576355.jpg
@cearta for @ForumTL at #CopyrightDTL
35. Fair Dealing: Education
“the purposes of research or private
study” (s50)
“in the course of instruction or of
preparation for instruction” (s53(1))
“anything done for the purposes of an
examination” (s53(5))
Image source: http://www.ucc.ie/en/media/siteassets/styleassets/images/logo-web-english.gif
@cearta for @ForumTL at #CopyrightDTL
36. Fair Dealing: Education
Mary scanned Olive’s diagram
Sources http://www.ucc.ie/en/media/siteassets/styleassets/images/logo-web-english.gif & http://en.wikipedia.org/wiki/File:Beta_Negative_Decay.svg
@cearta for @ForumTL at #CopyrightDTL
37. Fair Dealing: Education
Mary scanned Olive’s diagram
Powerpoint - “instruction” (53(1))
Moodle - “private study” (s50)
Assessments - “examination” (53(5))
Image source: http://www.ucc.ie/en/media/siteassets/styleassets/images/logo-web-english.gif
@cearta for @ForumTL at #CopyrightDTL
38. Fair Dealing: Education
Images: http://www.ucc.ie http://www.cch.ca/_images/sections/CCH_Logo.gif and http://www.lsuc.on.ca/images/imgLSUCLogo.png
[2004] 1 SCR 339, 2004 SCC 13
v
@cearta for @ForumTL at #CopyrightDTL
39. Fair Dealing: Education
“the purposes of education, research
or private study (s50)”
“in the course of education or of
preparation for education” (s53(1))
“illustration for education” (s57)
@cearta for @ForumTL at #CopyrightDTL
Image source: http://www.ucc.ie/en/media/siteassets/styleassets/images/logo-web-english.gif
40. Fair Dealing: Education
Mary took 10min clip from movie.
http://www.ucc.ie/en/media/siteassets/styleassets/images/logo-web-english.gif & http://commons.wikimedia.org/wiki/File:Thondon_entertainment.jpg
@cearta for @ForumTL at #CopyrightDTL
41. Fair Dealing: Education
Mary took 10min clip from movie.
Section 53 doesn’t mention films.
Does section 55 (showing film for
purposes of instruction) cover it?
Image source: http://www.ucc.ie/en/media/siteassets/styleassets/images/logo-web-english.gif
@cearta for @ForumTL at #CopyrightDTL
42. Fair Dealing: Education
Mary took 10min clip from movie.
If not, would new section 55 (showing
film for purposes of education) cover it?
If not, would new section 57(1), on
illustration for education, cover it?
Image source: http://www.ucc.ie/en/media/siteassets/styleassets/images/logo-web-english.gif
@cearta for @ForumTL at #CopyrightDTL
45. Use of work
available on
the internet
Image source: http://commons.wikimedia.org/wiki/File:Cow_cartoon_04.svg
@cearta for @ForumTL at #CopyrightDTL
46. Use of work
available on
the internet
Image source: http://commons.wikimedia.org/wiki/File:Cow_cartoon_04.svg
@cearta for @ForumTL at #CopyrightDTL
not a copyright infringement if
an educational establishment
reproduces or communicates a
work that is available through
the internet;
provided that the reproduction
or communication is
accompanied by a sufficient
acknowledgement.
49. Section 104 CRRA
Image source: http://en.wikipedia.org/wiki/File:Disability_symbols.svg
@cearta for @ForumTL at #CopyrightDTL
50. A designated body may
(a) make a copy of a work for the
purpose of modifying that copy
to meet the special needs of a
person who has a physical or
mental disability, and
(b) supply that modified copy to
that person, …
Section 104 CRRA
Image source: http://en.wikipedia.org/wiki/File:Disability_symbols.svg
@cearta for @ForumTL at #CopyrightDTL
51. Reform s104 CRRA to allow for
• expanded definition of disability
• making single copies for
personal use
• designated bodies sharing
accessible copies
• obligations on publishers
Image source: http://en.wikipedia.org/wiki/File:Disability_symbols.svg
Disability
@cearta for @ForumTL at #CopyrightDTL
52. Marrakesh Treaty to Facilitate Access
to Published Works for Persons Who
Are Blind, Visually Impaired, or
Otherwise Print Disabled
Adopted on 27 June 2013
Image sources: http://www.wipo.int/portal/index.html.en and http://commons.wikimedia.org/wiki/File:Marrakesh_spices.jpg
@cearta for @ForumTL at #CopyrightDTL
53. Contracting parties must adopt
provisions to allow for the exchange of
these accessible format works across
borders by designated bodies
http://www.wipo.int/portal/index.html.en & http://commons.wikimedia.org/wiki/File:Marrakesh_spices.jpg & http://www.clker.com/clipart-26936.html
#CRC13
@cearta for @ForumTL at #CopyrightDTL
56. Special innovation exception
for works which are substantially
different from the original work or
substantially transform the original
work
Draft section 106E CRRA
Entrepreneurs
@cearta for @ForumTL at #CopyrightDTL
58. Heritage
Archives, Galleries, Libraries, Museums, etc
• Format shifting for archival or
preservation purposes
• Catalogues
• Digital deposit
@cearta for @ForumTL at #CopyrightDTL
Image source: http://www.briarpress.org/684
59. Heritage
Public lectures (draft Section 69A(2))
The brief and limited display of a
reproduction of a work
(a) for educational purposes in an
educational establishment or other
heritage institution
constitutes “fair dealing”…
@cearta for @ForumTL at #CopyrightDTL
Image source: http://www.briarpress.org/684
60. Heritage
Public lectures (draft Section 69A(2))
The brief and limited display of a
reproduction of a work
(b) during a public lecture given in an
educational establishment or other
heritage institution
constitutes “fair dealing”…
@cearta for @ForumTL at #CopyrightDTL
Image source: http://www.briarpress.org/684
61. Heritage
Public lectures (draft Section 69A(2))
The communication of such a
reproduction, through the internet or
otherwise,
constitutes “fair dealing”
@cearta for @ForumTL at #CopyrightDTL
Image source: http://www.briarpress.org/684
62. Heritage
Public lectures (draft Section 69A(2))
Mary scanned Olive’s diagram for a
Powerpoint slide in a lecture; and took a
10min clip from a movie for a lecture.
How would 69A(2) apply?
@cearta for @ForumTL at #CopyrightDTL
http://www.briarpress.org/684 & http://en.wikipedia.org/wiki/File:Beta_Negative_Decay.svg & http://commons.wikimedia.org/wiki/File:Thondon_entertainment.jpg
66. Fair Use: US-style?
@cearta for @ForumTL at #CopyrightDTL
Image source: flags of the world http://www.crwflags.com/fotw/flags/us.html
67. Fair Use: Irish-style
@cearta for @ForumTL at #CopyrightDTL
Image source: flags of the world http://www.crwflags.com/fotw/flags/ie.html
68. Existing exceptions
Examples of fair use
Must be considered before getting
to fair use analysis
Can provide basis of analogy
for finding of fair use
Fair Use: Irish-style
@cearta for @ForumTL at #CopyrightDTL
Image source: flags of the world http://www.crwflags.com/fotw/flags/ie.html
69. turns on “such matters as the court
considers relevant”
including “any or some or all” of up
to 9 factors (not just 4 as in US)
Fair Use: Irish-style
@cearta for @ForumTL at #CopyrightDTL
Image source: flags of the world http://www.crwflags.com/fotw/flags/ie.html
70. Analogy with existing exceptions
Purpose and character of use
- eg non-consumptive or transformative
- eg secondary infringement
Nature of work
Amount and
substantiality of use
Factors
Fair Use: Irish-style
@cearta for @ForumTL at #CopyrightDTL
Image source: flags of the world http://www.crwflags.com/fotw/flags/ie.html
71. Impact of use on normal commercial
exploitation of work
Possibility of obtaining work or
licence (“sufficient rights”)
Interests of owner (Berne)
Acknowledgement
Factors
Fair Use: Irish-style
@cearta for @ForumTL at #CopyrightDTL
Image source: flags of the world http://www.crwflags.com/fotw/flags/ie.html
73. Fair Dealing: Education
Mary took 10min clip from movie.
http://www.ucc.ie/en/media/siteassets/styleassets/images/logo-web-english.gif & http://commons.wikimedia.org/wiki/File:Thondon_entertainment.jpg
@cearta for @ForumTL at #CopyrightDTL
74. Mary took 10min clip from movie.
If ss53 (fair dealing) and 55 (showing film
for instruction/education) don’t apply, and
if new ss57(1) (illustration for education)
and 69A(2) (lectures) don’t apply,
Image source: http://www.ucc.ie/en/media/siteassets/styleassets/images/logo-web-english.gif
@cearta for @ForumTL at #CopyrightDTL
Fair Dealing: Education
75. Fair Use: Education
Mary took 10min clip from movie.
If ss53 (fair dealing) and 55 (showing film
for instruction/education) don’t apply, and
if new ss57(1) (illustration for education)
and 69A(2) (lectures) don’t apply,
could fair use?
Image source: http://www.ucc.ie/en/media/siteassets/styleassets/images/logo-web-english.gif
@cearta for @ForumTL at #CopyrightDTL
77. @cearta for @ForumTL at #CopyrightDTL
“… formal
proposals for
legislative
reform arising
from the [CRC]
Report in
2014” (p2)
Image source: http://www.djei.ie/science/ipr/Submission%20from%20Ireland%20EC%20Copyright%20Consultation%20March%202014.pdf
78. 7 Third public meeting (09/12/13)
8 DJEI - “thinking / listening” mode
9 New Act? 2014?? #CRC14
Image source: http://commons.wikimedia.org/wiki/File:WLANL_-_MicheleLovesArt_-_Van_Gogh_Museum_-_Three_books,_1887.jpg
@cearta for @ForumTL at #CopyrightDTL
9 New Act, 2014 !! #CRC14
79. @cearta for @ForumTL at #CopyrightDTL
Linking &
marshalling
Education
UGC
Personal use
Format shifting
http://www.djei.ie/science/ipr/Submission%20from%20Ireland%20EC%20Copyright%20Consultation%20March%202014.pdf & http://www.clker.com/clipart-26936.html
80. @cearta for @ForumTL at #CopyrightDTL
Linking &
marshalling
Education
UGC
Personal use
Format shifting
http://www.djei.ie/science/ipr/Submission%20from%20Ireland%20EC%20Copyright%20Consultation%20March%202014.pdf & http://www.clker.com/clipart-26936.html
84. Image “Rolling Elvi” by Peter Clarke on Flickr. Source: ttp://www.flickr.com/photos/clarkzip/7973863568/
85. Image “Rolling Elvi” by Peter Clarke on Flickr. Source: ttp://www.flickr.com/photos/clarkzip/7973863568/
Thank you very much
Any Questions?
86. &
Images via http://www.tcd.ie and http://teachingandlearning.ie Licence at http://creativecommons.org/licenses/by/3.0/ie/
@cearta for @ForumTL at #CopyrightDTL
Copyright Teaching
Reform Learning
Dr Eoin O’Dell, School of Law, TCD
Chair, Copyright Review Committee
4