It also gives performers extensive new rights in their performances. This new legislation is relevant both to new agreements, and to existing licences and assignments. Copyright owners should take steps to ensure that their new rights under the Act are adequately protected and valued, and their exploitation properly cleared and paid for by third parties. It also introduces a notify and take down provision. They include a right to be identified as the author and a right to object to derogatory treatment of a work.
Permission is required to substantially extract or re-use the contents of a database.
This is an especially valuable right for businesses, many of which create such databases as part of their operations. A new EU Copyright Directive is being finalised which Ireland will have to implement within 18 months of it being adopted. Implementing the Directive will probably require several changes to the Act, such as the extent of the current exemption for certain transient and incidental copies which are technically required in order to view a work lawfully made available through certain media such as the internet. These anticipated changes will be the subject of a further client briefing when the detail is more certain. For further information, contact Grace Smith.