tag:blogger.com,1999:blog-5574479.post108630398167306370..comments2024-03-19T13:13:18.609+00:00Comments on The IPKat: IRISH RE-JOYCE AS COPYRIGHT ACT AMENDEDVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5574479.post-1086355312251724072004-06-04T14:21:00.000+01:002004-06-04T14:21:00.000+01:00The reason, I think, why clarification was sought ...The reason, I think, why clarification was sought was because of the poor manner in which the Irish "making available to the public" right is drafted. Section 40(1)b of the Copyright and Related Rights Act 2000 states that "performing, showing or playing a copy of the work in public" falls within the scope of the copyright owner's exclusive right. The key word here is "copy" - this provision is concerned with what persons may do with copies, and not just the work itself. In the equivalent UK provision - s. 19(1) of the 1988 Act - the exclusive right is to the "performance of the work in public". It seems arguable, on a literal interpretation, that displaying a "copy" of Ulysses in the National Library for public viewing amounts to "showing .....a copy of the work in public". In contrast, it would be implausible to argue that a public display of a literary work is a "performance of the work" for the purpose of s.19 - the word "performance" clearly envisages the carrying out of some act. Fortunately the new s. 40(7A) has rectified matters.<br /><br />John CahirAnonymousnoreply@blogger.com