Hope For Copyright Creators In Judgement

Hope For Copyright Creators In “Common Sense” Judgement

An Irish judge has recognised the right to “be identified with and reasonably exploit one's own original creative endeavour” as a basic human right, in a judgement that supports the “three strikes” approach to dealing with illegal music downloading.

In a judgement released on Friday (April 16), Justice Peter Charleton in the High Court in Ireland confirmed the legality of the graduated response procedure.

The so-called "three strikes" procedure was considered in the proceedings as it formed part of an agreement between an ISP and right holders in Ireland to send warnings to on line copyright infringers and to terminate the accounts of those who are found to have infringed three times.

In his judgement Justice Charleton says: “There is nothing disproportionate about cutting off internet access because of three infringements of copyright.

“(The internet) has not rewritten the legal rules of each nation through which it passes. It is not an amorphous extraterrestrial body with an entitlement to norms that run counter to the fundamental principles of human rights.

“There is nothing in the criminal or civil law which legalises that which is otherwise illegal simply because the transaction takes place over the internet,” the judge says.

The CEO of the Recording Industry Association of NZ is hailing the judgement as a “welcome piece of independent, considered judicial comment, supporting the graduated response process - the very process which is contained in legislation proposed in New Zealand”.

Campbell Smith says the judgement has direct relevance to the issues being discussed here and the law being proposed in New Zealand.

“It is common sense. For too long the argument about online infringement has been high-jacked by ‘right to access’ red herrings which, as this judge points out, do not override fundamental human rights.

“The internet does not provide a freedom to break the law, and termination or suspension of an internet account for someone who has infringed copyright on at least three separate occasions, and been caught and warned on each occasion, is an entirely reasonable ultimate sanction.

“The entire music industry – including recording artists and songwriters - has been decimated by illegal downloads and it is gratifying to see some independent and well-reasoned consideration of the rights of creatives,” Mr Smith says.

“The judgement clearly endorses the graduated response approach proposed for New Zealand, including the option of seeking internet account termination as a penalty.”

The judgement can be viewed at:
http://courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/7e52f4a2660d8840802577070035082f?OpenDocument

ENDS

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