irish writers union

IWU welcomes PLR

tqSen Shane ross, ck Irish authors are to be paid for public borrowing of their books from public libraries.

The Dáil passed the final stages of the Copyright Bill 2007, on November 28, 2007.

The long over-due legislation provides a legal framework for a Public Lending Right (PLR) scheme to pay authors whose books are borrowed through public libraries.

Tony Quinn, Senator Shane Ross, Conor Kostick at Leinster House

In representing fiction and non-fiction authors, the Irish Writers’ Union, IWU, had campaigned for an Irish PLR scheme.

Dr Conor Kostick, IWU Chair said the union welcomed the new legislation in principle. “We await implementation of the detailed regulations,” he said.

The IWU’s role in pressing for the measure to be implemented was recognised in both Seanad and Dáil debates. The IWU had lobbied with the European Writers’ Congress and international PLR networks for introduction of PLR to Ireland.

The European Commission took legal action against Ireland in the European Court of Justice for failure to implement the system. It declared that Ireland breached the Lending Rights Directive 1992 by exempting all public libraries from PLR in the Copyright and Related Rights Act, 2000.

The amending legislation changes that position.

Funding of Irish PLR is to be directly from the Exchequer and not from the existing public libraries’ budgets.

“Writers value the role of libraries and will continue to cooperate with librarians in promoting Irish literature,” said Kostick.

The union called on the Minister for Environment, Heritage and Local Government, not to delay in making regulations to implement PLR in order to bring Ireland into line with other European countries.

PLR payments will assist Irish authors, most of whom, in common with writers throughout the world, cannot earn a full living from writing alone.

Some Irish authors already receive PLR payments for borrowing of their work in the UK library system.

To do so, they must register with the UK PLR registrar. Payment is made once a year to those authors who register for the scheme.

=========

IWU praised by PLR delegates
by Tony Quinn, IWU Executive Committee

CKostick,J Parker,T Quinn
Conor Kostick IWU chair, Jim Parker UK Registrar PLR, Tony Quinn IWU.

When delegates from several European countries came together for a seminar on PLR, Irish efforts to have the system introduced were praised by delegates.

The seminar, organised by the UK PLR office and the European Writers' Congress (EWC) and supported by Hungarian official and literary groups, was held on 20/21 April 2007 in Budapest.

Norwegian writers and copyright agencies paid delegates' air fares and Hungarian hosts met hotel costs.

Conor Kostick, IWU Chair, Samantha Holman, Irish Copyright Licensing Agency (ICLA) and myself were among some forty delegates, mainly from countries with emerging PLR schemes.

Delegates explained developments in their own countries.

Jim Parker, UK PLR Registrar and Trond Andreassen, EWC president, who chaired the seminar, noted the progress made.

The IWU's efforts were especially praised because the Copyright and Related Rights (Amendment) Bill had been published after a long campaign.

Efforts of the international PLR networks and the EWC led to the European Court's declaration that Ireland breached the 1992 Lending Rights Directive by exempting all public libraries from PLR.

C Kostick T Andreassen T Quinn
Conor Kostick, chair IWU Trond Andreassen EWC, Tony Quinn IWU

The Budapest resolution urged the European Commission to maintain pressure for a clear timetable to ensure effective PLR national schemes with adequate payments.

The resolution will be useful in lobbying the incoming Oireachtas and government to proceed with PLR legislation.

International contacts can help countries like Ireland which intend to introduce PLR schemes.

News of proposed PLR legislation has aroused interest among writers and literary agents, many of whom have contacted the union for clarification on behalf of themselves and their clients.

Union Welcomes European Court Decision On Public Lending Right – PLR

Ireland could be facing large fines following a decision by the European Court of Justice on its failure to pay authors for the borrowing of their books from public libraries.

Ireland breached Directive 92/100/EEC on Lending Rights, by exempting all public libraries from the obligation to remunerate authors when their books are borrowed, according to the European Court of Justice.

The Copyright and Related Rights Act 2000, which exempted all public libraries from the obligation to pay PLR, did not meet the 1992 Directive’s requirements.

A clear court decision of 11 January 2007 in Court case C-175/05 increases pressure on the Irish Government to introduce, without further delay, an effective scheme of PLR.

The Irish Writers’ Union, (IWU), which represents writers of fiction and non-fiction including some of Ireland’s most eminent authors, has welcomed the European Court decision.

The IWU has campaigned over many years for an Irish PLR scheme to be introduced to compensate authors whose books are borrowed from public libraries. These schemes are particularly valuable assistance for authors whose works have not stayed on the shelves of retailers.

“In the modern market a small number of titles tend to gain significant promotion, with few shops keeping extensive and varied backlists. PLR rewards all authors for their work, not just the bestsellers, and elsewhere in Europe provides an important component of an author’s income; it is much needed in Ireland” said IWU chairman Conor Kostick.

Through international PLR networks and the European Writers’ Congress, the IWU had urged the European Commission to take the court case to vindicate the rights of Irish authors.

PLR scheme

The European Commission referred the cases to the Court following the decision by Spain and Italy to exempt publicly funded libraries from any obligation to pay PLR.

Although the Directive permits member states to exempt certain categories of lending establishment from PLR, the Court decided it was unacceptable for almost all publicly funded libraries to be exempt as this deprived authors of the remuneration which was the principal objective of the Directive.

Proposal for New Intellectual Property Legislation

Minister for Trade and Commerce, Michael Ahern TD announced his intention on August 1 2005, to bring forward legislative proposals to provide for several new schemes in the intellectual property field:

• A Public Lending Right payments system for authors whose works are lent by Irish public libraries,

• An Artists’ Resale Right payments system for artists whose original works are resold through the art trade, and

• Transposition of the EU Directive on the Enforcement of Intellectual Property Rights.

Minister Ahern said Public Lending Right would provide new supports for Irish authors.

He said: “We need this new intellectual property measure to meet the obligations arising for Ireland from three EU Directives. This Bill may also cover some minor adjustments now required in intellectual property law in general.”

Minister Ahern acknowledged that Ireland has had difficulties with the European Commissions’ proposals both on the Public Lending Right and Artists’ Resale Right in the past.

“Both are now part of European Community law and so my job at this stage is to provide the legal basis for their implementation. I am confident that this Bill will resolve these differences,” he said.

He expected to be in a position to bring the intended bill to the Oireachtas before the end of the year, said the Minister.

Public Lending Right (PLR)

The Rental and Lending Directive (92/100/EEC) dealt with copyright rights arising on the rental of certain protected materials; on certain general copyright issues; and on the rights of authors whose works are lent to members of the public through public libraries.

The last of these obliged Member States, at a minimum, to remunerate authors for loans of their works by public libraries, but allowed them to specify certain classes of public library for exemption from the scope of the remuneration scheme. With some exception (in the EU case, of Ireland, Italy, Spain and Portugal) most western countries have some such system in place.

Ireland in the past argued against the introduction of a Public Lending Right here, citing a small lending pool, the expected modest benefits for authors in relation to collection costs, and long-standing efforts to encourage greater use of public libraries.

Ireland’s Copyright and Related Rights Act 2000, which transposed the provisions of the Rental and Lending Directive into Irish law, did create a public lending right.

However, the exemption was used to specify, in effect, all public libraries from the scope of the remuneration scheme.

After a EU-wide transposition review in 2003, the Commission initiated legal proceedings against several countries, including Ireland claiming (in Ireland’s case) that, in exempting all public libraries, Ireland had incorrectly transposed the Directive.

Following a defence of Ireland's approach on the earlier lines, the Commission issued a Reasoned Opinion in July 2004 citing ‘insufficient assurances of Irish willingness to respond to its concerns’.

The Commission referred Ireland to the European Court of Justice alleging failure to implement the Directive correctly in the matter of the Public Lending Right. Ireland filed its defence in the case with the Court.

Following a full review of the situation, the Department of Enterprise, Trade & Employment concluded that the early provision of a system of payments to authors for loans of their works by public libraries would be required in order to resolve the case.

The proposed Bill will therefore provide the legislative basis for introducing a practical Public Lending Right Scheme, according to Minister Ahern.

The proposal is to have the scope of the scheme extend to public libraries other than those under the management or control of educational establishments, an exclusion that is permitted by the exception in favour of certain classes of library allowed by the Directive and mentioned above.

Enforcement Of Intellectual Property Rights

The Enforcement Directive (2004/48/EC) is due for transposition before the end of April 2006. It requires Member States to apply effective, dissuasive and proportionate remedies and sanctions against those engaged in counterfeiting and piracy.

Member States are required to have similar measures and remedies in place to defend right-holders’ intellectual property across the Union.

The Directive covers both ‘traditional’ rights such as copyright, trademarks, patents and designs, but also a number of other more specific rights like geographical indications of origin and plant varieties.

The Department of Enterprise, Trade & Employment is currently in consultation with the Office of the Attorney General to establish the most effective manner of transposing the Directive.

To the extent that primary legislation is required, the Minister intends to incorporate the relevant provisions within the proposed Bill, said his department.

-----------

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	Irish Writers Union Chomhar na Scribhneoiri	*PLR*
This is the website of the Irish Writers' Union, 19 Parnell Square, Dublin 1. 01-872 13 02. or email The website is edited by Brendan Nolan	IWU welcomes PLR Irish authors are to be paid for public borrowing of their books from public libraries. The Dáil passed the final stages of the Copyright Bill 2007, on November 28, 2007. The long over-due legislation provides a legal framework for a Public Lending Right (PLR) scheme to pay authors whose books are borrowed through public libraries. Tony Quinn, Senator Shane Ross, Conor Kostick at Leinster House In representing fiction and non-fiction authors, the Irish Writers’ Union, IWU, had campaigned for an Irish PLR scheme. Dr Conor Kostick, IWU Chair said the union welcomed the new legislation in principle. “We await implementation of the detailed regulations,” he said. The IWU’s role in pressing for the measure to be implemented was recognised in both Seanad and Dáil debates. The IWU had lobbied with the European Writers’ Congress and international PLR networks for introduction of PLR to Ireland. The European Commission took legal action against Ireland in the European Court of Justice for failure to implement the system. It declared that Ireland breached the Lending Rights Directive 1992 by exempting all public libraries from PLR in the Copyright and Related Rights Act, 2000. The amending legislation changes that position. Funding of Irish PLR is to be directly from the Exchequer and not from the existing public libraries’ budgets. “Writers value the role of libraries and will continue to cooperate with librarians in promoting Irish literature,” said Kostick. The union called on the Minister for Environment, Heritage and Local Government, not to delay in making regulations to implement PLR in order to bring Ireland into line with other European countries. PLR payments will assist Irish authors, most of whom, in common with writers throughout the world, cannot earn a full living from writing alone. Some Irish authors already receive PLR payments for borrowing of their work in the UK library system. To do so, they must register with the UK PLR registrar. Payment is made once a year to those authors who register for the scheme. © irish writers union November 2007 more news here ========= IWU praised by PLR delegates by Tony Quinn, IWU Executive Committee Conor Kostick IWU chair, Jim Parker UK Registrar PLR, Tony Quinn IWU. When delegates from several European countries came together for a seminar on PLR, Irish efforts to have the system introduced were praised by delegates. The seminar, organised by the UK PLR office and the European Writers' Congress (EWC) and supported by Hungarian official and literary groups, was held on 20/21 April 2007 in Budapest. Norwegian writers and copyright agencies paid delegates' air fares and Hungarian hosts met hotel costs. Conor Kostick, IWU Chair, Samantha Holman, Irish Copyright Licensing Agency (ICLA) and myself were among some forty delegates, mainly from countries with emerging PLR schemes. Delegates explained developments in their own countries. Jim Parker, UK PLR Registrar and Trond Andreassen, EWC president, who chaired the seminar, noted the progress made. The IWU's efforts were especially praised because the Copyright and Related Rights (Amendment) Bill had been published after a long campaign. Efforts of the international PLR networks and the EWC led to the European Court's declaration that Ireland breached the 1992 Lending Rights Directive by exempting all public libraries from PLR. Conor Kostick, chair IWU Trond Andreassen EWC, Tony Quinn IWU The Budapest resolution urged the European Commission to maintain pressure for a clear timetable to ensure effective PLR national schemes with adequate payments. The resolution will be useful in lobbying the incoming Oireachtas and government to proceed with PLR legislation. International contacts can help countries like Ireland which intend to introduce PLR schemes. News of proposed PLR legislation has aroused interest among writers and literary agents, many of whom have contacted the union for clarification on behalf of themselves and their clients. © irish writers union june 2007 more news here Union Welcomes European Court Decision On Public Lending Right – PLR Ireland could be facing large fines following a decision by the European Court of Justice on its failure to pay authors for the borrowing of their books from public libraries. Ireland breached Directive 92/100/EEC on Lending Rights, by exempting all public libraries from the obligation to remunerate authors when their books are borrowed, according to the European Court of Justice. The Copyright and Related Rights Act 2000, which exempted all public libraries from the obligation to pay PLR, did not meet the 1992 Directive’s requirements. A clear court decision of 11 January 2007 in Court case C-175/05 increases pressure on the Irish Government to introduce, without further delay, an effective scheme of PLR. The Irish Writers’ Union, (IWU), which represents writers of fiction and non-fiction including some of Ireland’s most eminent authors, has welcomed the European Court decision. The IWU has campaigned over many years for an Irish PLR scheme to be introduced to compensate authors whose books are borrowed from public libraries. These schemes are particularly valuable assistance for authors whose works have not stayed on the shelves of retailers. “In the modern market a small number of titles tend to gain significant promotion, with few shops keeping extensive and varied backlists. PLR rewards all authors for their work, not just the bestsellers, and elsewhere in Europe provides an important component of an author’s income; it is much needed in Ireland” said IWU chairman Conor Kostick. Through international PLR networks and the European Writers’ Congress, the IWU had urged the European Commission to take the court case to vindicate the rights of Irish authors. PLR scheme The European Commission referred the cases to the Court following the decision by Spain and Italy to exempt publicly funded libraries from any obligation to pay PLR. Although the Directive permits member states to exempt certain categories of lending establishment from PLR, the Court decided it was unacceptable for almost all publicly funded libraries to be exempt as this deprived authors of the remuneration which was the principal objective of the Directive. © irish writers union january 2007 =================================== Proposal for New Intellectual Property Legislation Minister for Trade and Commerce, Michael Ahern TD announced his intention on August 1 2005, to bring forward legislative proposals to provide for several new schemes in the intellectual property field: • A Public Lending Right payments system for authors whose works are lent by Irish public libraries, • An Artists’ Resale Right payments system for artists whose original works are resold through the art trade, and • Transposition of the EU Directive on the Enforcement of Intellectual Property Rights. Minister Ahern said Public Lending Right would provide new supports for Irish authors. He said: “We need this new intellectual property measure to meet the obligations arising for Ireland from three EU Directives. This Bill may also cover some minor adjustments now required in intellectual property law in general.” Minister Ahern acknowledged that Ireland has had difficulties with the European Commissions’ proposals both on the Public Lending Right and Artists’ Resale Right in the past. “Both are now part of European Community law and so my job at this stage is to provide the legal basis for their implementation. I am confident that this Bill will resolve these differences,” he said. He expected to be in a position to bring the intended bill to the Oireachtas before the end of the year, said the Minister. Public Lending Right (PLR) The Rental and Lending Directive (92/100/EEC) dealt with copyright rights arising on the rental of certain protected materials; on certain general copyright issues; and on the rights of authors whose works are lent to members of the public through public libraries. The last of these obliged Member States, at a minimum, to remunerate authors for loans of their works by public libraries, but allowed them to specify certain classes of public library for exemption from the scope of the remuneration scheme. With some exception (in the EU case, of Ireland, Italy, Spain and Portugal) most western countries have some such system in place. Ireland in the past argued against the introduction of a Public Lending Right here, citing a small lending pool, the expected modest benefits for authors in relation to collection costs, and long-standing efforts to encourage greater use of public libraries. Ireland’s Copyright and Related Rights Act 2000, which transposed the provisions of the Rental and Lending Directive into Irish law, did create a public lending right. However, the exemption was used to specify, in effect, all public libraries from the scope of the remuneration scheme. After a EU-wide transposition review in 2003, the Commission initiated legal proceedings against several countries, including Ireland claiming (in Ireland’s case) that, in exempting all public libraries, Ireland had incorrectly transposed the Directive. Following a defence of Ireland's approach on the earlier lines, the Commission issued a Reasoned Opinion in July 2004 citing ‘insufficient assurances of Irish willingness to respond to its concerns’. The Commission referred Ireland to the European Court of Justice alleging failure to implement the Directive correctly in the matter of the Public Lending Right. Ireland filed its defence in the case with the Court. Following a full review of the situation, the Department of Enterprise, Trade & Employment concluded that the early provision of a system of payments to authors for loans of their works by public libraries would be required in order to resolve the case. The proposed Bill will therefore provide the legislative basis for introducing a practical Public Lending Right Scheme, according to Minister Ahern. The proposal is to have the scope of the scheme extend to public libraries other than those under the management or control of educational establishments, an exclusion that is permitted by the exception in favour of certain classes of library allowed by the Directive and mentioned above. Enforcement Of Intellectual Property Rights The Enforcement Directive (2004/48/EC) is due for transposition before the end of April 2006. It requires Member States to apply effective, dissuasive and proportionate remedies and sanctions against those engaged in counterfeiting and piracy. Member States are required to have similar measures and remedies in place to defend right-holders’ intellectual property across the Union. The Directive covers both ‘traditional’ rights such as copyright, trademarks, patents and designs, but also a number of other more specific rights like geographical indications of origin and plant varieties. The Department of Enterprise, Trade & Employment is currently in consultation with the Office of the Attorney General to establish the most effective manner of transposing the Directive. To the extent that primary legislation is required, the Minister intends to incorporate the relevant provisions within the proposed Bill, said his department. ----------- home aims benefits committee events faq honoured plunkett join links contract membersites news plr reviewing tax
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