DRAFT OF
STATUTORY INSTRUMENTS
S. I. No. ___ of 2012
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EUROPEAN UNION (COPYRIGHT AND RELATED RIGHTS) REGULATIONS 2012
To be made by the Minister for Jobs, Enterprise and Innovation.
I, _____________, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2001/29/EC of the European Parliament and of the Council of 22 May 20011, hereby make the following regulations: 1. These Regulations may be cited as the European Union (Copyright and Related Rights) Regulations 2012. 2.
The Copyright and Related Rights Act 2000 (No. 28 of 2000) is amended -
(a)
in section 40, by inserting the following subsection after subsection (5): “(5A) (a) The owner of the copyright in a work may, in respect of that work, apply to the High Court for an injunction against an intermediary to whom paragraph 3 of Article 8 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 20012 on the harmonisation of certain aspects of copyright and related rights in the information society applies. (b) In considering an application for an injunction under this subsection, the court shall have due regard to the rights of any person likely to be affected by virtue of the grant of any such injunction (including the freedom to conduct business, the right to protection of personal data and the right to receive or impart information) and the court shall give such directions (including a direction requiring that persons likely to be affected be notified of the application) as the court considers appropriate in all of the circumstances. (c) Where the court considers that the right to protection of personal data is likely to be affected by virtue of the grant of any such injunction then the court shall direct that the Data Protection Commissioner be notified of the application. (d) Unless the court is satisfied that not granting an injunction under this subsection would give rise to an injustice, the court shall not grant such an injunction where a remedy in damages would be available to the applicant. (e) An injunction under this subsection shall not be granted unless the court is satisfied that the injunction will distinguish adequately between infringing material and lawful content so that it will not lead to the blocking of lawful communications.
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O.J. No. L. 167, 22.6.2001, p.10. O.J. No. L. 167, 22.6.2001, p.10.
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(f) The costs of an intermediary against whom an injunction is sought under this subsection shall be borne by the applicant irrespective of the outcome of such action. (g) Where an intermediary complies with an injunction made against it under this section the applicant shall pay to the intermediary all expenses necessarily and properly incurred by it in relation to such compliance.” (b)
in section 205, by inserting the following subsection after subsection (9): “(9A) (a) The rightsowner of any right conferred by Parts III and IV may, in respect of that right, apply to the High Court for an injunction against an intermediary to whom paragraph 3 of Article 8 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 20013 on the harmonisation of certain aspects of copyright and related rights in the information society applies. (b) In considering an application for an injunction under this subsection, the court shall have due regard to the rights of any person likely to be affected by virtue of the grant of any such injunction (including the freedom to conduct business, the right to protection of personal data and the right to receive or impart information) and the court shall give such directions (including a direction requiring that persons likely to be affected be notified of the application) as the court considers appropriate in all of the circumstances. (c) Where the court considers that the right to protection of personal data is likely to be affected by virtue of the grant of any such injunction then the court shall direct that the Data Protection Commissioner be notified of the application. (d) Unless the court is satisfied that not granting an injunction under this subsection would give rise to an injustice, the court shall not grant such an injunction where a remedy in damages would be available to the applicant. (e) An injunction under this subsection shall not be granted unless the court is satisfied that the injunction will distinguish adequately between infringing material and lawful content so that it will not lead to the blocking of lawful communications. (f) The costs of an intermediary against whom an injunction is sought under this subsection shall be borne by the applicant irrespective of the outcome of such action. (g) Where an intermediary complies with an injunction made against it under this section the applicant shall pay to the intermediary all expenses necessarily and properly incurred by it in relation to such compliance.”
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O.J. No. L. 167, 22.6.2001, p.10.
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3.
These Regulations shall cease to have effect on 31 January 2014 GIVEN under my Official Seal, ____________ 2012. _________________________ Minister for Jobs, Enterprise and Innovation.
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