United States of America
Copyright and Related Rights
4. Please explain whether and how Ireland provides full retroactive protection to works, phonograms and performances from other WTO Members, as required by Berne Article 18, as incorporated through Article 9.1 of TRIPS, and TRIPS Article 14.6, and give the date back to which protection extends as to each of these categories of subject matter.
Ireland provides full retroactive protection to works, phonograms and performances. Section 174 of part VI of the Industrial and Commercial Property (Protection) Act 1927 Preservation of existing copyrights states, inter alia: "(1)The repeal of the Copyright Act 1911 by this Act shall not save as is otherwise expressly provided in this part of this Act add no, derogate from, or otherwise affect any copyright or other right acquired before the 6th day of December 1921, under or by virtue of the Copyright Act 1911, or any order made thereunder." The Copyright Act 1963 makes new provision in respect of copyright and related matters. Section 38 of part VIII of the Copyright Act 1963 states: "(1)Except in so far as it is otherwise expressly provided in this Schedule, the provisions of this Act apply in relation to things existing at the commencement of those provisions as they apply in relation to things coming into existence thereafter. "(2)For the purposes of any references in this Schedule to works, sound recordings or cinematograph films made before the commencement of a provision of this Act, a work, recording or film, the making of which extended over a period, shall not be taken to have been so made unless the making of it was completed before the commencement of that provision." The Performers Protection Act 1968 prevents the making of unauthorized records, films and broadcasts of performances. Section 43 of the Copyright Act 1963, confers power on the Irish Government to extend benefit of this Act to other countries; section 12 of the Performers Protection Act 1968, provides similar powers in respect of performances. The Copyright (Foreign Countries) Order 1996 S.I. No. 36 of 1996 (which provides, inter alia, protection to works and phonograms) and the Performers' Protection (Foreign Countries) (Amendment) Order 1996 S.I. No. 39 of 1996 (which provides protection for performances) extend protection to countries which have ratified or acceded to the Marrakesh Agreement Establishing the World Trade Organization Done at Marrakesh on 15th day of April 1996.