Oireachtas Joint and Select Committees
Wednesday, 12 November 2025
Select Committee on Enterprise, Tourism and Employment
Copyright and Related Rights (Amendment) Bill 2025: Committee Stage (Resumed)
2:00 am
Paul Gogarty (Dublin Mid West, Independent)
Beidh níos mó níos déanaí. Gabhaim buíochas leis an Aire. I have some concerns about section 3. It goes back to the fact that the summer recess was supposed to create the opportunity to have discussions with bodies like RAAP and come up with some sort of workable arrangement. I still do not get the legal argument about why it would go to the Circuit Court and why it could not be done with the controller. I do not understand that. As Deputy Ó Snodaigh said, you could give additional powers. I was looking at the Commercial Court, which deals with issues that are valued at over €1 million. It deals with specialised disputes. The Circuit Court might not and I dare say will not know the intricate details of how the music industry works and how royalty disputes arise. It is not a straightforward issue. Sometimes it can involve small amounts, but it is the livelihood of individuals. Sometimes it is larger amounts. People who are specialised in the area should be the ones dealing with it. Why could the Government not set up an adjunct to the High Court like the Commercial Court that would deal with it if it ends up in that situation? It raises the question as to why it is not just left with enhanced powers for the controller.
I do not really get the logic. I know you are supposed to deal with stuff yourself. You got your 50:50 split and then if you still cannot agree, go to the court. However, if the Circuit Court does not reach agreement, then it is going to go further along the court process anyway. As well as the delays in the Circuit Court, we could end up with delays going on to the High Court and so on. It seems an unwieldy process, rather than having a special court or giving powers to the controller. I wonder how those issues are addressed and what sort of solace the Minister of State gave to groups like RAAP who see this as bureaucracy gone mad.
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