IP and Public domain-related law in Ireland

DSLC

Hi,
I'm thinking of dedicating some of my work (music, just in case that's relevant) to the Public Domain.
I've noticed that the Creative Commons page on Public Domain dedications says that such dedications may not be valid outside of the US.
So, I'm just wondering - is there any particular protocol to be followed when abnegating copyright in Ireland? Is it even possible? I'll keep trying to read up on the issue myself (I'm not actually sure I'm going to go ahead with the dedication - I'm just pondering it), but if anyone can point me in the right direction, I'd appreciate it.

ambro25

The Creative Commons License is a US legal concept that appears to be relevant only where the application of US Copyright Law is concerned.

Bear in mind that Copyright Law 'generally' (such as internationally codified by the Berne Convention, Google it up) is still a matter of national Statutes where existence, implementation and enforcement are concerned in any particular jurisdiction (such as the Republic of Ireland).

Copyright under Irish Law is pretty conventional, and generally conforms to what is intended: to stop others from copying your work (= explicitly what 'copyright' means: gives you the exclusive right to decide who can/ cannot copy your work).

So, no particular protocol is needed under Irish Law that I am aware of, other than yourself not pursuing infringement of your copyright(s) as and when such arise when someone copies your work. Bear in mind that Case Law exists (in the UK mostly) about acquiescence = knowingly consenting to the copying of your work by X or Y or Z for an extended period of time would hamper any later effort to enforce your copyright against X or Y or Z.

dermot_sheehan

ambro25 wrote:

The Creative Commons License is a US legal concept that appears to be relevant only where the application of US Copyright Law is concerned.

Bear in mind that Copyright Law 'generally' (such as internationally codified by the Berne Convention, Google it up) is still a matter of national Statutes where existence, implementation and enforcement are concerned in any particular jurisdiction (such as the Republic of Ireland).

Copyright under Irish Law is pretty conventional, and generally conforms to what is intended: to stop others from copying your work (= explicitly what 'copyright' means: gives you the exclusive right to decide who can/ cannot copy your work).

So, no particular protocol is needed under Irish Law that I am aware of, other than yourself not pursuing infringement of your copyright(s) as and when such arise when someone copies your work. Bear in mind that Case Law exists (in the UK mostly) about acquiescence = knowingly consenting to the copying of your work by X or Y or Z for an extended period of time would hamper any later effort to enforce your copyright against X or Y or Z.

The problem about this approach is that copyright is personal property. It could therefore be transmitted to someone without your consent if you die or are declared bankrupt.

In addition the person hoping to use the work is relying on your goodwill and you not changing your mind and deciding to institute proceedings in the future.

As far as I know the Creative Commons licence would apply in Ireland. It is essentially an offer of a contract to the world at large of a free irrevocable licence to use the work in question, provided that any derivative works from the licenced work be released with the same licence.

Carlill v. Carbolic Smoke Ball Company says that offers to the world at large can be made and accepted by performance.

sh_o

From looking at the creative commons site, they do have an Irish Law translation/draft of that licence:
Irish law translation

DSLC

Hi folks. Thanks for the responses.
There seems to be somewhat of a misconception though. I'm not talking about using a 'Copyleft', 'Some rights reserved' license. I'm talking about releasing work into the Public domain.
I think I might be over-complicating things though. Would a simple statement such as the one below this picture suffice?

ambro25

gabhain7 wrote:

The problem about this approach is that copyright is personal property. It could therefore be transmitted to someone without your consent if you die or are declared bankrupt.

Copyright cannot be transmitted to anyone without your consent. Naturally, if you pass away, it forms part of your transmissible estate and will therefore be owned by your descendants (unless provisions in a will dictate otherwise).

If a situation of bankrupcy arose, your copyright would still not 'vanish' or be transmitted to anyone (creditors) without your consent - they would still require a bona fide assignment, with consideration (that's provided they can actually put a value on it in the first place - I guess they'd be more interested in repossessing your car/TV/microwave ).

Anyhow, I don't quite see how the fact that copyright is personal property conflicts with my first post. Unless you're going to proactively cater for the eventuality (e.g. by stipulating in a will that your copyright is to remain unexercised for its duration), the problem will always arise.

DSLC wrote:

Hi folks. Thanks for the responses.
There seems to be somewhat of a misconception though. I'm not talking about using a 'Copyleft', 'Some rights reserved' license. I'm talking about releasing work into the Public domain.

Copyright arises automatically as an operation of Law.

For instance, I own the copyright in this post and any other ones which I have written (well, typed), whether I like it or not, because I have typed the words. Likewise, I own the copyright in the doodles on my deskpad and in the MSpaint masterpiece I've slaved over for an hour, etc. You get the gist.

In my earlier post, therefore, there was no question of 'rights reserved', but it was to the effect that you cannot 'cancel' the rights which the Act automatically gives you, other than by stating that you will not enforce them (and, obviously, subsequently not enforce them), such as the Disclaimer/Notice in that linkie'd picture. Which would be fine for the purpose at hand.

dermot_sheehan

ambro25 wrote:

Copyright cannot be transmitted to anyone without your consent. Naturally, if you pass away, it forms part of your transmissible estate and will therefore be owned by your descendants (unless provisions in a will dictate otherwise).

If a situation of bankrupcy arose, your copyright would still not 'vanish' or be transmitted to anyone (creditors) without your consent - they would still require a bona fide assignment, with consideration (that's provided they can actually put a value on it in the first place - I guess they'd be more interested in repossessing your car/TV/microwave ).

My point was that this method of effectively putting something in the public domain (copyright holder refraining from pursuing infringers), could have its pitfalls as copyright could pass to someone other then original copyright holder. As personal property it's different from an unassignable contractual right for instance. If you die it abviously gets transmitted to another person (either per will or rules of intestacy) and you are not around to consent to this. Even if you use a will, if the copyright is valuable the will could be overturned and the copyright sold in violation of your express wishes in the will to satisfy your spouses /childrens legal right share.


For Bankruptcy it would be vested in the Official Asignee, by operation of law, your consent on the matter is irrelevant. You can be placed in bankruptcy by a petition of your creditors, so you can be deprived of your ownership of the copyright without your consent.