Mediation in Copyright Disputes in Ireland

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Regina Machado Araujo Cardoso
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Conflicts arising from ownership related to authorship have always been historically numerous, but grow exponentially with the popularization of the internet and the penetration of digital devices, when access and ownership of other people's works have become so easy. On the other hand, alternative forms of outof-court dispute settlement are found to be a constant in the world as a quick and peaceful guarantee of the integrity of citizens' rights and are increasingly present in Ireland, thus favouring judicial provision, which deals with causes that truly cannot be transacted. This research highlights Mediation as the most appropriate among conflict resolution alternatives because of its principles of Confidentiality, Impartiality, Neutrality, Independence and Autonomy and analyses the possibility of using Mediation as an alternative resolution in Copyright Disputes in Ireland. In this regard, the study presents the scenario in various conditions: when the dispute must be resolved through Mediation and why it is considered an effective method. It also examines the possible limitations that the method may present in certain areas or contexts related to Copyright. The study presents an expensive Interview with one of Ireland's leading experts in the area, and collects her statements with other studies, authors, legislations, articles, surveys and cases. The research is intended for intellectual property rights holders, mediators and copyright lawyers, and others interested in this field, who are invited to consider using Mediation as a winning alternative means of resolving Copyright Disputes.
Araujo Cardoso, 2019