Authors to cash in as libraries lend by-the-book
However, the funding of public libraries could be under threat as a result of this ECJ finding that the Irish Government was wrong to exempt public lending institutes from paying royalties to authors.
The Luxembourg-based court found that Ireland’s Copyright and Related Rights Act 2000 is in breach of EU legislation because it exempts all types of public libraries from having to pay royalties. The ECJ claimed the Irish law breached an EU directive designed to ensure that authors and performers received appropriate income for their creative works.
Although the EU directive allows exemptions to some public lending institutes, the ECJ ruled that the Irish Government had effectively attempted to introduce a blanket ban on such payments.
A spokesperson for the Department of Enterprise, Trade and Employment admitted that the Copyright and Related Rights Act 2000 will have to be amended as a result of the ECJ ruling. He also acknowledged that royalties will have to be paid in future to authors of books lent by public libraries.
There are around 350 public libraries in Ireland with more than 14.3 million items lent on average each year.
The Irish Copyright Licensing Agency (ICLA) — which has responsibility for collecting copyright fees in the Republic — said it was not surprised by the ECJ ruling. Welcoming the judgment, ICLA executive director, Samantha Holman, said it would mean a system of paying authors for books lent by public libraries would have to be introduced in Ireland.
The decision means many authors popular with Irish library users such as Patricia Scanlan, Terry Pratchett and Dan Brown, the author of the Da Vinci Code, will derive extra income.
Ms Holman recommended a public lending rights system similar to the existing British model.
However, there is an upper limit to the amount which the most popular authors can earn. It is fixed at the equivalent of around €10,000 per year.
But the scheme provides no guarantee of financial security as the vast majority only receive around €25 per annum on average. The British system pays the equivalent of 10 cent per lent item to authors.
It is estimated that a similar system could be implemented here for a total cost of around €2 million each year.
Almost €108m was spent on local library services in the Republic last year with more than €14m going towards the cost of new titles. Just over €2m is raised in loan charges.
A spokesperson for the Library Council refused to comment on the ECJ ruling.
The Irish Writers’ Union (IWU) said a public lending rights scheme in Ireland would provide vital income for authors as few bookshops kept extensive and varied back catalogues.
The IWU said the funding of such a scheme should not come from existing library budgets.
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