Creative Commons Ireland

["Whelan, Darius" <D.Whelan AT ucc.ie>]

Just to clarify the lengths of the main types of copyright protection in
Ireland.

References are to the Copyright and Related Rights Act 2000
http://www.bailii.org/ie/legis/num_act/2000/2000-28.html

Original literary, dramatic and musical works (s.24) -  Life of author, plus
70 years
(Literary works include computer programs.)
 
Sound recordings (s.26) - 50 years after recording made or 50 years after
made available to public, if later.

Broadcasts or cable programmes (s.27 ,s.28) - 50 years after transmission

Film (s.25):  70 years after the last of the following dies - the principal
director;  the author of the screenplay; the author of the dialogue ;  the
author of music specifically composed for use in the film. 

Typographical arrangements of published editions (s.29) - 50 years after
publication

Computer-generated work (e.g. CAD) (s.30) - 70 years after made available to
public

Original databases (s.24) - Life of author, plus 70 years

Non-original databases (ss.320-361):  15 years

Government copyright (s.191) - 50 years

Making available of a work not previously made available, after copyright
has expired (s.34) - 25 years protection

Where a term of copyright is provided for, the term is calculated from the
first of January of the year following the event that gives rise to that
term.  (s.35)

Be careful regarding the "broadcast" category - this is aimed primarily at
live broadcasts.  If an item is recorded before it is broadcast, then the
recording may enjoy protection as a film.  In addition, the music used in a
broadcast or film needs to be considered separately from the broadcast or
film itself.

Repeat broadcasts do not count (s.20).

Darius

Dr Darius Whelan, 
Law Department, University College Cork,
Ireland.
Tel. +353- 21- 490 3452   Fax +353 -21 -427 0690
d.whelan AT ucc.ie    mailto:d.whelan AT ucc.ie
Irish Law Site at UCC - http://www.irishlaw.org




-----Original Message-----
From: adam beecher [mailto:lists AT beecher.net]
Sent: Friday, April 15, 2005 12:23 AM
To: cc-ie AT lists.ibiblio.org
Subject: RE: [Cc-ie] BBC Creative Archive - How can RTE be convinced
todo thesame ?


> What's the length of time in Ireland before this content goes 
> into the public domain ?
> 
Somebody said recently on Boards that it's 70 years, but I think that's just
Sonny Bono news rubbing off on them. I've seen copyright defined "generally"
as life of author + 50 years, but I don't think that applies here. In other
words, I don't know. :) Darius probably does.

I won't get into podcasting and other stuff, I'm not into it tbh (RSS a
little, but not fanatically). In general, however, I get the feeling that
RTE likes to think of itself more and more as a "little bit BBC", and that
could work in our favour.

TBH, I don't think it would be a good idea to push them on /how/ they
deliver the content at the outset, just that it's released under a CC-like
or even CC licence. The licence is the important thing.

adam

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