Oireachtas Joint and Select Committees

Thursday, 17 July 2025

Select Committee on Enterprise, Tourism and Employment

Copyright and Related Rights (Amendment) Bill 2025: Committee Stage

3:50 am

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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In the context of section 2, the controller was mentioned. I am opposed to section 3. I have already made a number of points, but the position is even worse than what I had declared. While the Circuit Court is referenced in the section, so too is the High Court. Every citizen is entitled to have recourse to the courts. That is a given. Now, however, the process is being forced into the courts. The Minister mentioned that it will be six months before a person can apply to the courts and also the delays relating to the courts. As I mentioned, it is six months, but it may be longer. It has taken longer previously. That is just to get a first hearing.

We should always try to promote mediation as much as possible. In light of the controller's loss of powers under the Bill, I have a major concern that we are going the wrong way and forcing people into the courts in circumstances were there was an alternative mechanism available. That mechanism, albeit maybe weaker than it should have been, was the best solution. Arbitration would have encouraged mediation, especially if the law is set out in a particular way. In the context of the matters in respect of which RAAP was required to pursue litigation, when we are finished this legislation will address some of the problems that exist. The likelihood of further litigation by RAAP or others means that the controller, without any change, would probably be in a better position than is the case at present.

The courts do not have powers to adjudicate on methodology. One of the key concerns that RAAP had related to the methodology and formulas being used to calculate who was entitled to what. Justifiably, from its point of view, PPI said it was doing everything right. That is why it defended the case. It proceeded to bypass the system by allocating the rights to an English company in circumstances where there was no disclosure of the methods used to calculate who was entitled to what percentage. I mentioned earlier that since the dispute arose in 2013 or 2014, the remuneration or wages - in many ways, that is what we are talking about - of artists on the basis of airplay, etc., that was coming from PPI has dropped by 20%. We are concerned about people's livelihoods.