copyright law in Ireland

Memnoch

I understand that in Irish copyright law any creative work is automatically copyrighted the moment it is written. However I'm wondering if there is any more substantial way to establish proof of the same and registered copyright?

I've been told that the sending yourself a sealed packet by registered post is no longer a valid defence or proof of copyright.

So I'm wondering if similar to the US there are any organizations around Ireland that can be utilised for the protection of copyright? That one can register their work with?

haz

Memnoch wrote:

So I'm wondering if similar to the US there are any organizations around Ireland that can be utilised for the protection of copyright? That one can register their work with?

I think you have 2, possibly 3 issues here.

The first issue is that you need to protect your intellectual property from exploitation by others passing it off as your own - e.g. a book or song with substantially similar contents. I don't think posting yourself a copy has ever counted, although I have heard of plenty of people doing it. I don't know about registration bodies either - if you end up in court contesting rights, has registration ever counted in a real case? The threat from a performing rights organisation might cause someone to desist, but I wouldn't pay the fees myself. Obviously the printed word is now ripped off left, right and centre (just type any band or song title and "lyrics", or many book titles) so it is becoming more of an issue. I did see some lawsuits recently between various online health information providers who had allegedly stolen entire tracts of web-based patient guidance, and between US universities and cancer charities.

Compilers of dictionaries and statistics tables used to bury a plausible false entry (the definition of "eclair", or the fourth significant digit of one value in a table) that could barely be arrived at independently. The language of fictional authors is relatively unique - "I wandered lonely" is attributed to only one writer, even 200 years later.

The second issue is ensuring your own rights to royalties from the publisher. This is entirely down to your contract to publish and bears little relationship, if any, to the intellectual contribution to the work. In music it is increasingly common for people to come back, often years or decades later, and demand a cut (e.g. Axl, Miss Rhthym, Procol Harum). In written word there is usually one identified author from the outset. There are cases where publishers exploit a market the author hadn't considered, outside the contract and without royalties, or reduced royalties (like Peter Jackson's spat over Lord of the Rings). Again, I don't see registration being beneficial, but checking the contract is essential.

The third issue is performance rights, which is not about attributing copyright but payment of fees to the copyright holder. They collect fees from broadcast and other performances (like threatening to sue GP surgeries for the public performance emanating from the radio in the waiting room) and pay them on to record companies. A search for "performing rights" should find them.

Note particularly that there is no case for copyright theft unless there is some loss, so you need a reputation or an income from the work to have any real case. No doubt some registration agency will be glad of your fees and contradict me, but part of my lifestyle is funded by (written word) royalty income and I can see no situation where a registration would have made any difference.

Memnoch

thanks.

I was mainly concered about the written word with regards to fiction specifically, as I'm nearing completion of a screenplay that I'm about to start sending around.

I was thinking of getting it registered but there are no companies here and if it doesn't offer any protection anyway then what good is that

haz

Memnoch wrote:

I'm nearing completion of a screenplay that I'm about to start sending around

If you want to protect the ideas within the screenplay from plagiarism, then you would need some dated evidence of your script. You could email or post a copy to an upstanding citizen (e.g. your agent, solicitor or bank manager) who would be able, if ever required, to testify as to the contents of the version they received. Dan Brown's wife convinced the UK High Courts without actually providing dated paperwork.

Ideally you want to avoid the situation in the first place - only post to reputable publishers or agents. I read some "How to get published" (I think that is the title of the book) advice to send only the outline, first chapter, best chapter and author biography rather than the whole script, and never to email or post discs.

Good luck - one yes is worth an infinite number of noes.

EDIT: I noted down http://www.lulu.com/uk some time ago after reading that they could print a few hundred copies of perfect-bound paperbacks from a wordprocessor file for (current price) 2.50 sterling plus 1p per page. They will also sell it online. But what better way of registering your property whilst making high quality copies for review?

Memnoch

if i sent it by registered post or courier to my father in england and he kept it unopened, would that work? Or would that not be considered in court since he's my dad?

I do have an agent here that is helping me try to sell a book I wrote, she seems pretty nice, but I'm not sure if I should put all my eggs in one basket and place all my trust in her.

thanks again for all the great advice!

padser

Memnoch wrote:

I understand that in Irish copyright law any creative work is automatically copyrighted the moment it is written. However I'm wondering if there is any more substantial way to establish proof of the same and registered copyright?

I've been told that the sending yourself a sealed packet by registered post is no longer a valid defence or proof of copyright.

So I'm wondering if similar to the US there are any organizations around Ireland that can be utilised for the protection of copyright? That one can register their work with?

I just saw this thread now....its obvious when exam times come around that I spend so much more time on boards :rolleyes:



Haz has made some good points so I dont have much to add (that wouldnt stop me trying though...)

1) There is no similar registration system as in the US for Copyright in Ireland/Europe

2) This is no way effects the copyright that you own however

3) The only legal problem you encounter (in a practical sense and discounting things like independent creation) is proving that you are in fact the owner.

4) A sealed registered letter in theory could work, however my problem with that would be that in todays world it would be pretty easy to send yourself a 'sealed' letter and manipulate the contents at a later date. So I would doubt it would be considered conclusive.

5) I would suggest E-Mailing it to yourself. Use a number of accounts (Gmail, hotmail and Yahoo) to avoid the unlikely risk of any of these sites shutting down/crashing and also to avoid any suggestion that you could somehow manipulate the data contained in your account through knowing someone working there etc

6) Assuming you send it off to multiple publishers, another source of evidence if someone were to plagurise would be someone esle you sent it too, assuming they would be willing to help you.....if it fingered one of their rivals they just might do it for nothing!!!!!