IRELAND Law and Practice Contributed by: Hannah McLoughlin, Jane Bourke, Karen Gallagher and Kevin Doyle, Pinsent Masons Ireland LLP
must maintain a Register of Copyright Licensing Bod - ies. The following bodies are on the list as at the date of writing: • the Association for the International Collective Management of Audiovisual Works; • the Artists Collecting Society; • the Authors’ Licensing and Collecting Society Ltd; • Christian Copyright Licensing International Limited; • the Design and Artists Copyright Society Ltd; • the Irish Copyright Licensing Agency CLG; • the Irish Music Rights Organisation; • the Irish Visual Artists Rights Organisation; • the Mechanical Copyright Protection Society (Irl) Ltd; • Motion Picture Licensing Company International DAC; • Newspaper Licensing Irl Ltd; • NLA Media Access Limited; • Phonographic Performance Ireland CLG; • Soundreef International Limited; and • Writers Services (Rights Management) CLG. In accordance with Section 280 of the Copyright Act and the Copyright and Related Rights (Register of Licensing Bodies for Performers’ Property Rights) Regulations, 2008, the Controller must also maintain a Register of Licensing Bodies for Performers’ Property Rights. At the time of writing, the only body on this list is Recorded Artists Actors Performers CLG. Right holders transfer the management of their rights to a collecting society, which administers those rights on their behalf. These organisations handle a range of services for both rights-holders and users, including issuing licences, managing royalty income, distribut - ing payments, and enforcing rights where necessary. Collecting societies play a crucial role, especially in situations where negotiating individually with each creator would be impractical or too costly. They also help to protect and promote cultural diversity by ensuring that smaller or less commercially prominent repertoires can access the market. 3.7 Copyright Registration There is no registration system for copyright pro - tection in Ireland. Copyright arises automatically on the creation of an original work, so there is no legal
requirement in Ireland to use the copyright symbol ©. However, using the © is recommended as it puts oth - ers on notice of the rights-holder’s rights and helps to deter infringement. 3.8 Copyright Application Requirements There is no registration system for copyright protec - tion in Ireland, so there is no application process. 3.9 Refusal of Registration There is no registration system for copyright protec - tion in Ireland, so there is no prospect of a refusal of registration. 3.10 Related Rights Creative works such as logos, artwork, packaging and symbols may attract both trade mark and copyright protection if they meet the legal criteria for both. The overlap occurs when a creative work also serves to identify goods or services and therefore qualifies for trade mark protection. There is no provision under Irish copyright law which suggests that dual copyright and trade mark protec - tion restricts copyright protection in any way. There is no legal obligation to register a trade mark in order to obtain rights. Unregistered rights can arise from using a mark in the course of trade. These rights are protected by the common law action of passing off. However, there are many legal benefits associated with obtaining a registered trade mark, including: • statutory exclusive rights; • a clear, official public record of ownership; • enhancement of legal remedies; • the ability to monetise a mark through assign - ments/licences; • indefinite protection (once renewed every ten years); and • strategic commercial value. 4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration
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