Copyright and Take Down Policy

Copyright is a protection given to tangible expressions of creative works to ensure that the rights of the creator are protected.
How is copyright enforced?

Copyright legislation differs from country to country but in Ireland it is governed by the Copyright and Related Rights Act 2000 (CRRA) and the related Regulations and Statutory Instruments. Ireland is also a signatory to international treaties, such as the World Intellectual Property Organisation (WiPO) Treaty and the Berne Convention, as well as relevant European legislation.
What does copyright apply to?

The Act states that copyright applies to:
• original literary, dramatic, musical or artistic works
• sound recordings, films, broadcasts or cable programmes
• typographical arrangement of published editions
• original databases
Copyright does not apply to ideas or copies and should not be confused with patents (for inventions) and trademarks (symbols or words representing a company). Copyright only exists on tangible physical items. You cannot claim copyright on a performance but if that performance was recorded, copyright would exist on the recording for both the performer and the person who recorded them. Within the Act this is known as a “fixation.”
How long does copyright last?

As a general rule copyright lasts 70 years from publication and 70 years from the death of the creator. So, for example, a singer wrote a song and recorded it on a 78 rpm in 1947. The copyright on the sound recording itself would expire in 2017 but the copyright on the song would last until 70 years after the death of the singer. Where there is more than one creator, for example on a film, the copyright lasts 70 years from the date of death of the last surviving creator.
Can I use the material available in Dusty Bluebells?

ITMA does not own the copyright on all the material that is on its website. The copyright status of any item is listed with the item’s metadata, and where the item is in the Public Domain this is clearly marked.
For any items that are in copyright ITMA contacted, where possible, the copyright holder to get permission to make it available on the site (see here for more information). The items are all made available at low resolution, which means that although they may look and sound fine on a screen, the quality of the digital file would not be good enough for any other reproduction. This is to safeguard the rights of the copyright holder.
If you would like to reproduce any of the material that is on the ITMA website please contact us. We will put you in touch with the copyright holder so that you can get permission. Once permission has been acquired, or if the item is in the Public Domain, ITMA can supply you with high quality digital files (a small handling fee may apply). Please read the ITMA Notice and Take Down Procedure if you believe that Dusty Bluebells has, in any way, breached copyright.
Notice and Take Down Procedure

In making material available online on the ITMA website, ITMA acts in good faith. However, despite these safeguards, we recognise that material published online may be in breach of copyright laws or contain sensitive content.
If you are concerned that you have found material on the ITMA website, for which you have not given permission, contravenes privacy laws, is obscene / defamatory and in terms of copyright law is not covered by a limitation or exception, please contact ITMA as soon as possible stating the following:
• Your contact details
• The full details of the material
• The exact and full url where you found the material
• If the request relates to copyright, provide proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder or are an authorised representative
• The reason for your request including but not limited to copyright law, privacy laws, data protection, etc.
Upon receipt of notification the ‘Notice and Takedown’ procedure is then invoked as follows:
1. ITMA will acknowledge receipt of your complaint by email or letter and will make an initial assessment of the validity and plausibility of the complaint.
2. Upon receipt of a valid complaint the material will be temporarily removed from the ITMA website pending an agreed solution.
3. ITMA will contact the contributor who deposited the material, if relevant. The contributor will be notified that the material is subject to a complaint, under what grounds, and will be encouraged to assuage the complaints concerned.
4. All parties will be encouraged to resolve the issue swiftly and amicably and to the satisfaction of all, with the following possible outcomes:
a) The material kept online and the website unchanged
b) The material is kept with changes or replaced on website
c) The material is permanently removed from the website
5. If the parties involved are unable to agree a solution, the material will remain unavailable through the ITMA site until a time when a resolution has been reached.