Rights related to Copyright

Rights related to Copyright

Rights are not restricted just to the creators of the works themselves but certain other rights may apply to others involved in the creation of production of the work. For example, the record company has certain rights in a sound recording of the performance of a song, in addition the author(s) of the lyrics and the music will also have certain copyrights.  Similarly performing artists have rights in their performances. The legislation also provides for moral rights, such as the right to be acknowledged as the author of a particular work and also the right to object to derogatory treatment of that work.  The term “Related Rights” referred to in the Act of 2000 covers a range of rights that have been derived from copyright principles.

Performers' Rights and Rights in Performances

Another category of related right is that of performers’ rights and rights in performances.  This is not a true intellectual property right, but a form of “publicity right” involving the right of performers to exclusive exploitation rights in relation to their performances, and the right of purchasers of exclusive recording rights to enforce such rights in relation to performances.

Moral Rights

A further category consists of the “moral rights”, which attach both to copyright and performers’ rights.  These rights confer on authors of works and performers a right to be identified as author/performer, and a right to object in law to derogatory treatment of a work or performance, subject to certain conditions.  The Copyright and Related Rights Act, 2000 introduced moral rights into Irish copyright law for the first time.

Sui Generis

A final category is that of “sui generis” rights related to copyright.  “Sui generis” (translates as “one of a kind” or “unique”) rights related to copyright.  Section 34 (the Copyright and Related Rights Act, 2000) states “ Any person who, after the expiration of the copyright in a work, lawfully makes available to the public for the first time a work which was not previously so made available, shall benefit from rights equivalent to the rights of an author, other than the moral rights, for 25 years from the date on which the work is first lawfully made available to the public”. This right was introduced to provide a financial incentive for publishing previously unpublished works.  

In relation to Databases, copyright protection is provided to recognise the “original intellectual creation that the collection of data represents”. An additional right a “sui generis” or “stand alone” right recognises and protects the investment in time, labour or capital investment in establishing a database.