Irish Government Publishes Draft Online Anti-Piracy Regulations

Following the High Court decision in EMI and Others v. UPC in October of 2010 and a consultation process which began in the summer of 2011, the Irish government have published draft legislation, which, if passed, will give rights holders the ability to take legal action against internet service providers and other intermediaries whose networks and services are being used by copyright infringers.

The draft regulations update both Section 40 (Rights of Copyright Owner – making available right) and Section 205 (Performance Rights – making available to public copies of recordings of qualifying performances) of the Copyright and Related Rights Act, 2000 (the "Act") by providing that the owner of a copyright work or the rights owner of any performing right or performer's moral rights may apply to the Irish High Court for an injunction against an intermediary whose services are being used by a third party to infringe a copyright or related right.