Alan Dillon (Mayo, Fine Gael)

I move: "That the Bill now be read a Second Time"

I am delighted to bring the Copyright and Related Rights (Amendment) Bill 2025 before the House. It is vital that we have an effective legal framework in place to support copyright and intellectual property. It is a necessity for the economic health of the creative sector, which is a significant employer in the State.

This short Bill introduces amendments to the Copyright and Related Rights (Amendment) Act that are necessary, following a Court of Justice of the European Union, CJEU, ruling, delivered in September 2020. This ruling found that Ireland had not adequately transposed a 2006 EU copyright directive on the sharing of royalty payments between producers and performers of recorded music and was not fully compliant with international copyright conventions, the World Intellectual Property Organisation, WIPO, Performances and Phonograms Treaty, WPPT, and the Rome Convention. The State had not: provided clear obligations for producers to share royalties with performers; ensured that equal treatment is provided to nationals of countries outside the European Economic Area, EEA, that are party to international copyright conventions; or specifically provided for how royalty payments are to be shared between performers and producers in the absence of an agreement between them. This Bill will restore Irish legislation - the copyright Act - to full compliance with EU and international law. It sets out a new process for the agreement of division of royalties between music performers and producers, extends application to nationals of countries outside the EEA that are party to international copyright treaties and grants the function of final arbitration of disputes to the Circuit Court.

The Bill contains five sections. Section 1 defines the Copyright and Related Rights Act 2000 as the principal Act amended by this Bill.

Section 2 amends section 208 of the Copyright and Related Rights Act. This relates to the matter of equitable remuneration as provided for by Directive 2006/115/EC. The amendment provides for the insertion of five new subsections, (3A) to (3E), inclusive, in section 208 and the deletion of the existing subsections (4) to (9), inclusive. The new section 208(3A) provides for a default split of equal parts of payments between producers and performers, less reasonable collecting costs. This default 50-50 split is similarly provided for in two-thirds of EU member states. The new section 208(3B) provides that the proportion of single equitable remuneration payable to the performer and the owner of a sound recording may be agreed by or on behalf of the parties concerned. This is similar to the existing section 208(4). The new section 208(3C) provides that in instances where parties cannot reach agreement, and where at least one party objects to the default arrangement, that party - performer, copyright owner or both - may bring the matter before the Circuit Court to obtain a determination of the manner of the division of the single equitable payment.

Section 3(1) inserts a new section which allows that any applications made under the existing section 208 that have not been finally determined will be transferred to the Circuit Court. Subsections (2) to (4), inclusive, provide for the appeal process on points of law, from the Circuit Court to the High Court, and from the High Court to the Court of Appeal. Section 3(4) also provides that any existing agreements made under the existing section 208(4) will remain valid.

Section 4 provides for an amendment to the definition of “qualifying country” contained in section 287 of the Act to include performers who are residents of countries that are contracting parties to the WIPO Performances and Phonograms Treaty and the Rome Convention. This brings Irish law in line with our international obligations.

Section 5 provides for preliminary and general provisions setting out the Short Title to the Bill and how the Bill is to be commenced. This will be done by an order of the Minister. It is intended that sections 2 and 4 will commence shortly after the Bill is enacted and that a slightly later commencement date will apply in respect of section 3.

An amendment to the Bill is under consideration by the Office of the Attorney General. This would strengthen the appeals process by adding a provision similar to current section 208(6), but linked to the new arrangements provided for in this Bill. This amendment may be presented on Committee Stage.

It is essential that we enact the Bill to ensure that the State is fully compliant with the 2006 EU copyright directive in line with the CJEU's judgment of September 2020. A robust and well-functioning legal framework supporting copyright and intellectual property more broadly is, as already stated, essential for the economic well-being of the creative sector, which employs approximately 80,000 people and which contributes enormous value in terms of creativity and innovation.

I commend the Bill to the House and look forward to an engaging debate with the Deputies present.

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