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Dublin: 13 °C Tuesday 18 June, 2013

Sherlock opens online consultations on new copyright law review

Seán Sherlock opens an online survey asking for feedback on a proposed review of Ireland’s copyright laws.

Image: Mark Stedman/Photocall Ireland

JUNIOR INNOVATION MINISTER Seán Sherlock has launched an online questionnaire as part of his department’s review of Irish copyright law.

The questionnaire is designed for interested parties to offer responses to the consultation paper issued by the Copyright Review Committee, chaired by Dr Eoin O’Dell from TCD, published last week.

That committee published its consultation document last week as part of its task of identifying barriers which hinder innovation in Irish enterprises, and to see whether the US-style doctrine of ‘fair use’ should be applied into Irish law.

Input from the committee’s consultation could be wrapped into a new suite of copyright laws being planned for later in the year.

Sherlock said he hoped interested parties would find the online consultation “helpful” and that he would welcome any similar initiatives undertaken by other online groups.

“The wider the consultation on the Committee’s work is, the better the outcome will be,” he said.

The launch of the online questionnaire comes after Sherlock faced criticism for directing feedback on the consultation paper through the Irish Internet Association, which said its limited resources meant it would have to prioritise the input of IIA members.

Sherlock said the IIA would still be “providing an online mechanism to collate its members’ views and to gather the views of others on the Paper”.

Eoin O’Dell said he hoped that “discussions will engage with the issues in our Consultation Paper, and that those who are interested in doing so via the internet will participate in our online questionnaire”.

The consultation paper was published by the committee last week, alongside confirmation that jobs minister Richard Bruton had signed a controversial new statutory instrument dubbed by opponents as the ‘Irish SOPA’.

In an interview with TheJournal.ie last week, Sherlock acknowledged that the outcome of the copyright review could lead to new legislation which would render the ‘SOPA’ instrument – which allows copyright holders to seek court injunctions against sites hosting copyrighted material – redundant.

Submissions to the committee can be made via the questionnaire or directly to the Department of Jobs, Enterprise and Innovation before Friday 13 April.

Interview: Sherlock appeals to opponents of copyright law to “call off the dogs” >

Read: Sherlock confirms that ‘Irish SOPA’ has been signed into law >

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Comments (31 Comments)

  • Aren’t you supposed to usually get consultations on forth coming laws – and not the other way around, on laws already made!

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  • Clear sign that Sherlock hasn’t a damn clue what he signed in, and knows nothing about the technology sector in the is country. Too late now sunshine for ‘fair use’. The notion of an Irish ISP will be a thing of the past soon enough. And cloud computing? no chance.

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  • That questionnaire was deeply ridiculous in many parts. It seeks emperical evidence for a specific policy direction in most cases, and in others requires specialist legislative knowledge; but it completely ignores the point that with the widespread adoption of both social media and devices like cameraphones and smartphones, the average person on the street is now the most common form of content creator.

    If this is an indicator of how Sherlock intends to proceed, this isn’t going to get it done.

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    • And it utterly ignores the point that in the past three decades, technology changes – and the widespread adoption of that technology – means that the fundamental principles underpinning copyright law need to be reviewed. The entire mess of Irish copyright law may not be fit for purpose at a very basic level; but this questionnaire is asking about whether or not we should alter *individual words* in the Act.

      This isn’t a review process, it’s barely even a polishing process.
      Someone’s missed a fairly important point in all this, or is just deliberately ignoring it.

      Reply
  • “Sherlock acknowledged that the outcome of the copyright review could lead to new legislation which would render the ‘SOPA’ instrument – which allows copyright holders to seek court injunctions against sites hosting copyrighted material – redundant.”

    but didn’t acknowledge he created a new normal that will pre-determine alot of this overall copyright review

    Reply
  • alan 05/03/12 #

    what kind of democracy is this when the formulation of laws is left in the hands of indivudals who are clearly not properly briefed, pass laws in ignorance and then offer to open up deabte on those laws?

    shelock has opened up possibilites for deabte alright. but maybe not the kind of debate he imagines or desires?

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    • Sure, even when he was forced to hold a “debate” on the issue in the Dáil he said that, no matter what came out of it, he wasn’t going to change a word in the legislation. What kind of democracy is that?

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  • So he ignores 80000 or so voices, signs it in and now wants consultation…You know what the worst part is.. we voted the fools in, seriously shouldnt all of this been done prior to signing any document? Yet another fine display of how not to run a country

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  • Sean Shylock you dumbass on what you signed me thinks he should be investigated something dodgy going on here.

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  • People of Cork please please make sure this creep never gets elected again.

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  • Toureag 05/03/12 #

    Sean Sherlock, I wish u to shut up & get out of our sight!

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  • Pretty obvious given the questions in the questionnaire where he is going –

    13 Should a Copyright Council of Ireland (Council) be established?

    21. Should the Council include the establishment of a Copyright Alternative Dispute Resolution Service (ADR Service)?

    26. Should there be a small claims copyright (or even intellectual property) jurisdiction in the District Court, and what legislative changes would be necessary to bring this about?

    What this means: you can expect private debt collection agencies for copyright infringements to be knocking on doors and firing off solicitors letters left right and center. Thus a whole new scary industry is born. Getty Images use private debt collection agencies for years to track down copyright infringements on websites using images found via google.

    http://en.wikipedia.org/wiki/Getty_Images

    Reply
  • paul 05/03/12 #

    think i’m going to have to ban myself from the journal as it really puts me in a bad mood reading about these idiots .

    Reply
  • jimbo 05/03/12 #

    Sherlock your a complete tool,you know the mess you made now fix it and fix it snappy

    Reply
  • Do you know what would be ‘helpful’ , its to pack up his bags and head to the next RDS expo.

    Reply
  • This is supposed to be a survey for everyone, right? So why is the language used so confusing? How are regular citizens (whom this will affect) understand all of this jargon…?

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  • Do you have to be an arrogant creep to be in Irish politics, or is it something about the intoxicating effects of “power”?

    Reply
  • Is there no end to this idiot’s stupidity?

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  • Innovation minister me arse….he hasnt got a clue…how does doing what he done innovate anything…what a plonker!

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  • Idiot.

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  • Well to be fair we got away with digital freedom for 12 years. Not many other areas can say that apart from the fiscal! Bye bye Internet as we know it. Hello controlled digital services.

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  • Copyright Review Committee,
    Is this another f***ing Quango?

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  • Soon our Internet is going to be as good as Chinas a communist based society great job Sherlock you accidentlied the Internet

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  • This guy looks like he did his leaving cert last year!!!
    How in the name of sanity has it come to pass that such whippersnappers have authority over the rest of us????

    Reply
  • mart_n 05/03/12 #

    It says that the ‘survey’ will close on April 13th. Isn’t there a limitation of 30 days on how long an SI can be repealed or changed after being signed by into law? By the time this survey is finished, it’ll be too late for anything to be changed without having to go through this shit for many more months.

    The idea that 80,000 people signed the original petition is rightfully scaring him, this is nothing more than an attempt to whittle down the numbers who are vocally opposing this. I bet he thinks that not so many people will be bothered to take part in this so-called consultation, especially when it appears to be so dependent on respondents having a background in, or a broad knowledge of IP law.

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    • I’m not sure where that idea came about, but there’s certainly no time limit on when an SI can be withdrawn. If they can be signed in at the stroke of a pen, they can be rescinded just as quickly (pending cabinet approval, of course).

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    • mart_n 05/03/12 #

      Sorry Gavin, I should have checked that out for myself before stating it as fact. It’s something I’ve seen mentioned on Twitter and a few discussion sites over the last number of days.

      It does seem like there should be a delay between signing off on a law and when it begins to take effect, though.

      Reply
    • That’s dependent on the SI itself – most will have ‘activation dates’ written into them where it is specifically stated that the law takes immediate, retrospective, or future effect. (In fact, most SIs are actually ‘commencement orders’ which state that certain sections of other Acts should not be ‘activated’.)

      You do have a good point though – with Acts of the Oireachtas it’s obvious that a certain regime will be coming into effect, but with SIs – which are often issued with no notice whatsoever – there’s far less awareness, and there’s a good argument to be made about a ‘notice period’.

      In this case, though, if the intent was to make sure that Ireland wasn’t breaching EU law, it wouldn’t be feasible to have a ‘notice period’ like that and it would have to take legal effect.

      Reply
  • Has the Irish Computer Society (ics.ie) not taken a position on this? Don’t see anything on their website. I thought they were meant to protect the interests of ICT in Ireland

    Reply

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