A changing digital era
Law Society and IMRO highlight significance of EU Copyright Directive ahead of World Intellectual Property Day
Ahead of World Intellectual Property Day 2021 (Monday 26 April) IMRO Adjunct Professor of Intellectual Property Law at the Law Society of Ireland, Dr Mark Hyland, highlights the significance of 鈥楧irective (EU) 2019/790 on Copyright in the Digital Single Market鈥, and in particular, what Article 17 will mean for Ireland鈥檚 creative industries.
Dr Hyland explains, 鈥淭he backdrop to this year鈥檚 World Intellectual Property Day is the EU Directive on Copyright in the Digital Single Market. A key provision in this Directive is Article 17 which will have great benefits for Ireland鈥檚 creators by addressing the so-called 鈥榲alue gap鈥.
Value gap
鈥淭he value gap refers to the funnelling away of value from creators and into the hands of a number of online content-sharing service providers. Essentially, Article 17 requires online platforms such as YouTube, to obtain an authorisation from the relevant rightholder before copyrighted content, such as music or movies, is made available to the public,鈥 he explained.
鈥淲hile Article 17 has been much debated over the last few years, it helps to highlight the unfair and unreasonable balance between the online platform and the underlying rightholder,鈥 Dr Hyland said.
鈥淏y addressing the value gap, the Directive is ensuring that rightholders receive appropriate payment for the online use of their works. This will be significant for creators in Ireland鈥檚 music industry, particularly given the ongoing pandemic-related challenges facing this sector.鈥
IP and the music industry
鈥淚t comes as no surprise that Ireland鈥檚 music creators saw a significant drop in public performance royalties last year. Fortunately, it was a strong year for online music thanks to the rise of video on-demand services and live streamed events, which became more popular during the Covid period.鈥
鈥淭he Directive will have huge benefits for creativity in our fast-evolving digital age,鈥 said Dr Hyland. 鈥淚t will help promote the creative and cultural industries, major drivers of Ireland and Europe鈥檚 economy, and promote creators鈥 rights throughout the EU.鈥
鈥淚P-intensive industries contribute 65% to Ireland鈥檚 GDP, which is the largest proportion of any Member State*. A strong and effective IP system helps countries to realise IP鈥檚 potential for economic development and social and cultural wellbeing. Such a system ensures economic rewards for creators and provides an environment in which creativity and innovation are encouraged,鈥 Dr Hyland said.
Copyright Directive
Member States must implement the Copyright Directive into their national laws by 7 June 2021.
鈥淭he last important revamp of EU copyright laws occurred twenty years ago, with the adoption of the Information Society Directive in 2001**, so this is another significant step in the modernisation of the EU copyright regime,鈥 concluded Dr Hyland.