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Copyright

What does copyright protect?

In Ireland, copyright law is contained in the Copyright & Related Rights Act, 2000. Copyright protects:-

* original literary, dramatic, musical and artistic works (traditionally called the "classical" copyrights);
* film, sound recordings, broadcasts and the typographical arrangement of published editions (often called "related rights", because they involve the exploitation of "classical" works);
* computer software and non-original databases (despite their modest credentials as "creative" works) and
* performances.

What is not protected by copyright?

Copyright does not protect ideas, concepts, styles, techniques or information. For example, if you write an outline of your idea for a TV show, the outline itself will be protected by copyright. However, another person could write their own script using your general ideas without necessarily infringing copyright. The other person would only be infringing your copyright in the outline if they started copying enough of the way you had, for example, structured your plot.

Some "works" are too small or unoriginal to be protected as copyright works. For example, single words, names, titles, slogans and headlines are unlikely to be protected by copyright - although they may be protected in other ways, for example as trademarks.

Protection is automatic

There is no system of registration for copyright protection in Ireland as copyright arises automatically on the creation of an original work. You do not need to publish your work, to put a copyright notice on it or do anything else to be covered by copyright - protection is free and automatic.

A work is protected automatically from the time it is first written down or recorded in some way, provided that it has resulted from the creator's skill and effort and is not simply copied from another work.

Depending on the circumstances, it may be difficult for an author to prove that he or she had created a work at a specific point in time. Proof of this fact might be needed in an action for infringement. An author can create such proof by sending a copy of the work to himself or herself by registered post, keeping the post office receipt and leaving the envelope unopened. Another way of creating this type of proof is to deposit the work with an organisation such as the Copyright Protection Agency, which, for a fee, will provide the necessary proof should the need arise.

The Copyright Notice ©

A copyright notice does not need to be placed on a work before it is protected by copyright. However, it is prudent to do so as it reminds people that the work is protected and identifies the person claiming the rights. The notice usually consists of the symbol © followed by the name of the author and the date of creation.

How long does copyright last?

In most cases, copyright lasts for the creator's lifetime plus seventy years.

Legal rights of copyright owners

Economic rights

Copyright gives the creator the right to prevent others from exploiting the work in various ways, without permission. The form of restricted exploitation include: copying the work; making the work available to the public; distributing the work; renting or lending it (excluding public lending); and translating, arranging or adapting the work. It is these restrictions which enable the creator to charge a fee, or royalty for the reproduction of the work.