Oireachtas Joint and Select Committees

Wednesday, 24 January 2024

Committee on Budgetary Oversight

Section 481 Film Tax Credit: Discussion

Ms Deirdre Donaghy:

We have engaged with the Deputy over many years on this subject. It is an industry we spend a lot of time looking at. It is not a case that something needs to prompt us to take a look at it; we are very much engaged with the industry over the longer term. If WRC decisions establish an understanding, that can be helpful but, as Mary said, the law stands and must be followed in the sector.

Copyright is an issue that has come up recently and we have put a fair bit of effort into understanding it and meeting various groups. Most recently in December we met with representatives from Irish Equity - from the screenwriters and directors guilds - to understand. The Deputy referred to the UK agreement. That issue is specific to actors and would not resolve for the other groups. The UK PACT-Equity agreement is cited as a potential template. I understand it is used on many incoming productions, particularly the larger ones. I do not think it can translate directly because it is UK law as opposed to Irish law. Ideally, an agreement would be reached on similar terms, or whatever terms might be, that would be specific to the Irish industry. We have met with Equity on a number of occasions in the past year. There was a hiatus in progress due to one of the representatives being unwell but my understanding in December was the process was starting again. I understand from talking to Equity that the ideal outcome is reaching a specific Irish agreement. We encourage all parties to continue that process.

When it comes in, obviously, to my understanding, it would be specific to actors and we would still have issues for the other guilds or other creatives. Again, my understanding of the copyright directive is that it essentially provides the skeleton that says everybody must have the right - I am not sure of the exact wording - to fair and proportionate remuneration when they transfer their rights. The idea is that it gives people these overriding rights and then it is a matter for negotiation between the individuals concerned as to the specific terms. Then, there is a right of redresssubsequently if it turns out not to be the case. The copyright provides that overarching protection, but it is the detail of it that does have to be agreed. Again, from talking to those bodies, they said themselves that what they need is to have an agreement with the producers here in Ireland that specifies the detail. We would be encouraging the parties to get involved in that. The process Ms Nash referred to is aimed at helping to establish if there are any kinds of impediments or any points on which there are differences of interpretation. It is hoped that will bring that forward but, essentially, it does have to happen and it has to happen by way of an agreement being reached.

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