Link to the Petition to ‘Stop SOPA Ireland’

Consultation  with  arts-originators , visual-artists , bloggers ?

In 2011, I wrote a post about an open consultative process here in Ireland to address radical copyright reform, wherein the Minister promised innovation and jobs through radicalising our copyright laws. I submitted, along with countless others, on issues pertinent to copyright and advances in digital technology. My submission was based in requesting the opening out of this consultation to arts organisations and originators of creative works. I am aware today that my submission was ignored and that originators of art-works are treated with disdain by a government which kow-tows to industry. Discussions by actual originators of works in the arts can be studied at this link. (Center for Social-Media discussion on fair-use in the arts.)

The Blacknight release on Stop Sopa Ireland  is here  excerpted :

Jan 24, 2012 - Irish registrar and hosting company Blacknight ( urge the Irish Internet community to join them in saying no to a “SOPA” style law being enacted by ministerial order.

The Minister of State at the department of Enterprise, Jobs and Innovation, Sean Sherlock, is introducing a statutory instrument that very closely mirrors SOPA, which was recently defeated in the US. This statute will affect all 3.5 million people in Ireland is about to become law with no vote in the Oireachtas.

An outspoken leader in Irish tech, Blacknight has long been opposed to censorship and restriction of the Internet and is committed to ensuring freedom online. If passed, sites of all sizes from YouTube, Twitter and Facebook to personal sites may be blocked in Ireland. The impact of such a move could be detrimental to Ireland’s digital economy” (from Blacknight release,  24/01/2012)

Article link to McGarr Solicitors, Dublin on the issue of ISP-Blocking .

” However, unlike that US law, people here can’t even expect to have this blocking law debated in their legislature. The Minister has said that he intends to deal with the matter by way of a Ministerial Order. Nor has he published the text of the law. The first we, the people of Ireland, will know about the text of this law will be when it is signed and brought into force.

This is grossly wrong. This is why we were so enthusiastic when Sabrina Dent suggested that we launch a petition website to let other people (a) know what was going to happen and (b) tell the Ministers responsible that they object to the proposal.”   Full article here   The link to the Irish Petition to STOP SOPA is available here.


Personal note : Why bother with Irish Political consultations when they are shredded, ignored or limited by decisions already taken?

In what amounts to an ignorant rejection of the consultative process the Minister, Richard Bruton and Seán Sherlock T.D intend to introduce isp-blocking in Ireland. This event follows on quickly from the PP in Spain’s innovation in this area, and the SOPA/PIPA protests of last week in the U.S. I don’t expect much discussion on in it in the Irish media, who often publish press-releases and soundbites , rather than anything approaching contextualisation. I am annoyed that the consultative-process that I participated in amounted to optics , and that our government is basically pushing through aggressive legislation without debate, discussion or reference to the experience of other E.U countries. It looks like FG/Lab will also attempt to tax the internet. How quickly opposition parties dump their principles when they get to play with the big boys.

Poetry and digitisation, how derivatives occur.

The meaning of collaborative work in Poetry and Literature.

The author is entitled to ownership of their work. In poetic terms derivatives do occur , mostly in music and in translations. As stated before on this blog, derivatives are seen as adding to the original works, once attribution is established. The fact that there are appalling non-collaborative translations online of  great poets is irritating. The issue of copyright and fair use has been linked here Via the Poetry Foundation and it really is a most important text.

Digitising bodies of works  and  how  derivatives occur

Digitisation is widespread , many authors will need to learn to establish their rights on blogging platforms, and indeed how to use such services as Scribd. Not all original works are necessarily confined to publishing contracts.  Thus we have  access to licensing  services  like Creative Commons.

Literary and poetic work is meant to be shared and to be accessible , for that reason innovating is necessary , but there are conventions and respects for authorship in place , which take cognisance of  the rights of ownership to original works. Some issues in the GBS row which were not fully discussed were  concerned in the area of pictorial, collaborative translation, and forewords ! A book or piece of digital-work does not come in snippets and it is really up to the author if they wish snippets to be made available to online communities.  Using CC is one way of doing so .

Libraries are mostly works of collaboration and are already digitising at that level !

The ideality of a library making original works available online is a wonderful one in many ways, everyone has seen how vulnerable libraries are to attack, to cuts and to censorship. The idea of building up a digital library should be based in the highest understanding of the merits of literary and artistic works, and to the best in copyright law which takes cognisance of the author’s rights to ownership. This would mean involving authors at a level of understanding which is evinced in my first link above,  to the Poetry Foundation.

Code of Best practices in Fair-use for Poetry, Centre for Social-media.

Poetry is more than a body of writings or a typology of forms; first and foremost, it is an evolving set of practices that engage, and are engaged by, the creative work of others. During the extensive conversations leading up to this document, a few central themes about poetic practice emerged. The first was that poets generally (though not universally) want their poetry to be as widely available to potential audiences as possible, both during their lifetimes and beyond. However, poets, especially those not working in and for new media formats, expressed anxiety about how new media might affect their ability to make money from their work and to establish and advance academic careers. And they were concerned about the ease with which new media enable others to distribute and alter their poems without permission. At the same time, poets urgently expressed their need to use material derived from the poems of others (including twentieth and twenty-first century writers) in their own work, and their desire to do so in ways that were both ethically and legally appropriate.”

Poetry Ireland Discussion Doc. on The Google Book Settlement (GBS)

To spread awareness about the Google Book Settlement, Poetry Ireland and the Irish Copyright Licencing Agency have joined resources to provide rights-holders with the most up-to-date, unbiased, and clear-cut information available.*

A number of seminars on the settlement have taken place around the country. One of the most important messages that emerged from these meetings was that whether or not the settlement stands, digital publishing is part of the future, and similar digitalisation projects are in progress. Rights-holders need to decide how to deal with Google and other such projects.

With the advice and help of Samantha Holman (Director of ICLA), Poetry Ireland has put together a compact, but in no way comprehensive, fact-sheet on the settlement.”

You may want to begin at the end: the last page is a very useful set of questions that should help to put the dizzying complexities of the settlement into perspective and will direct rights-holders on what their next steps may be.

March 22nd Judgement on Google Books Settlement digitisation.

While the digitization of books and the creation of a universal digital library would benefit many, the ASA would simply go too far.  It would permit this class action – -  which was brought against defendant Google Inc. (“GoogleI1) to challenge its scanning of books and display of  “snippets” for on-line searching – -   to implement a forward-looking business arrangement that would grant Google significant rights to exploit entire -2-books, without permission of the copyright owners.  Indeed, the ASA would give Google a significant advantage over competitors,rewarding it for engaging in wholesale copying of copyrighted works without permission, while releasing claims well beyond those presented in the case.”

Link to my article on licensing poetry and original work at .

A short time ago ,  I wrote an introductory here to the Poetry Foundation discussion on best practices in Fair Use of Poetry, which should serve as a guideline on the creation, licensing and transmission of original materials.

Fair use, a limitation and exception to the exclusive right granted by copyright law to the author of a creative work, is a doctrine in United States copyright law that allows limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, criticism, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test. The term fair use originated in the United States. A similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright“.

That link on Fair Use and current discussion on the creation of a new Irish Version of 3.0/BY-NC-SA/Draft Creative Commons Licence (UCC) have prompted a short piece at regarding the treatment of the Poet’s original work , both ours as poets or as we review or translate the original writing of fellow writers in our  blog-spaces or in  other online modes of transmission. I’d like to thank Vanessa O Loughlin who requested the piece.

Introduction to The Harriet Monroe Poetry Institute discussion here:

“During 2009, the Harriet Monroe Poetry Institute convened a group of poets, editors, publishers, and experts in copyright law and new media, with the goal of identifying obstacles preventing poetry from coming fully into new media and, where possible, imagining how to remove or mitigate these obstacles. Embracing the overarching value of access to poetry as its theme, the group saw that business, technological, and societal shifts had profound implications for poets publishing both in new and in traditional media, and also that poets have an opportunity to take a central role in expanding access to a broad range of poetry in the coming months and years. The resulting Poetry and New Media: A Users’ Guide report covers topics such as copyright and fair use; royalties, permissions, and licensing; estates; access and lifelong engagement with poetry; and engaging educators, institutions, and communities.

The Harriet Monroe Poetry Institute invites poets, publishers, and everyone involved with poetry as an art form to consider this report, the upcoming Best Practices for Fair Use in Poetry document, and other available resources as they make their own thoughtful and conscious decisions based on their values and priorities in relation to these topics. As the new-media environment is ever changing, we present the Poetry and New Media report and the upcoming Code of Best Practices in Fair Use for Poetry in the spirit of an evolving conversation on a timely topic.”

Creative Commons