A new Bill aimed at protecting copyright, intellectual property and performance rights, has been published by the Minister for Labour, Trade and Consumer Affairs, Mr Tom Kitt.

The Copyright and Related Right Bill introduces new criminal penalties for breaches of copyright, transposes several EU directives into Irish law and, for the first time, provides civil protection for performers' rights.

The provisions of the Bill mean a payment will have to be paid to record producers if a TV or radio is played in the background in bars, restaurants and shops. This is on top of the payment currently required from such outlets for publicly performing such works on their premises.

The Bill contains new measures to protect encryption and other technological protection devices, making it an offence to make or sell illegal "smart cards".

In relation to the Internet, the Bill states that if material which infringes copyright is carried by an Internet service provider, that company will be obliged to remove the material "as soon as practicable".

There are several new "civil remedies" available to music right owners, under the Bill including the search and seizure procedures.

For attempting to sell, rent or import illegal work, a fine of £1,500 in respect of each infringed item is included in the Bill. The fine cannot exceed £100,000 and a five year prison sentence is also available to the court. Anyone who knowingly performs work which infringes copyright can face a fine of £1,500 or a one year prison term.

The burden of proof in infringement proceedings in will be switched in favour of the rights' owner. There is also a provision whereby witnesses in infringement proceedings will not be obliged to indicate the source of their information.

The Bill also amends the existing Copyright Act of 1963 in relation to works created by employees of newspaper groups. Under the existing Act, copyright was vested in the newspaper proprietor "but only insofar as it relates to publication of the work in the newspaper".

The new Bill however proposes to transfer ownership in its entirety to the newspaper proprietor, although journalists will be allowed use their work for "non newspaper" purposes.