ARTICLE · 24 JUNE 2011

Changes to Copyright Act Following Controversial UPC Decision

Eversheds O'Donnell Sweeney

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The Department of Jobs, Enterprise and Innovation ("the Department") has proposed an amendment to the Copyright and Related Rights Act 2000 ("the Copyright Act"). This comes in the wake of Mr. Justice Charleton’s call in EMI–v- UPC to address the issue of copyright infringement via the internet.

IrelandEmployment and HR

Kate Colleary

The Department of Jobs, Enterprise and Innovation ("the Department") has proposed an amendment to the Copyright and Related Rights Act 2000 ("the Copyright Act"). This comes in the wake of Mr. Justice Charleton's call in EMI–v- UPC¹ to address the issue of copyright infringement via the internet.

In EMI–v- UPC, Mr. Justice Charleton in the Commercial division of the High Court refused to grant an injunction against the internet service provider ("ISP") UPC, forcing it to take steps to prevent the illegal file-sharing of music by its customers. After reviewing the expert evidence, Mr. Justice Charleton held that this type of order would be just and proportionate but that the Court lacked the jurisdiction to make the order.

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