George Lawlor (Wexford, Labour)

The Labour Party will not be opposing this Bill but we feel we need to look more closely at the whole area of copyright in this country. With our myriad of talent, this is an issue that affects not only the music industry, but the broader landscape of creative arts and cultural expression in Irish society. The matter of equitable remuneration for performers and owners of copyrighted sound recordings in Ireland is rightly discussed and decided upon in this Chamber. It is a topic that resonates deeply in an era when digital technology and globalisation have transformed the way we create, consume and distribute music.

To set the stage - no pun intended - let us first define the context of equitable remuneration. At its core, equitable remuneration refers to fair compensation for the contributions of both performers and copyright owners in the production and distribution of sound recordings. In Ireland, as in many countries, this balance remains a contentious issue, particularly as the industry navigates the complexities introduced by streaming services, digital downloads and the ever-evolving landscape of copyright law. Despite their invaluable contributions, many performers and musicians struggle to earn a living from their craft. The platforms that allow their voices to reach us often fail to provide fair compensation, leaving them vulnerable and financially underappreciated. This is not just a matter of financial survival, however. It is about recognising the worth of their talent, creativity and dedication. Artists and musicians are not merely commodities to be used for our benefit. They are the essence of what we are. They bring us together, inspire us and often force us to think about things differently. They challenge us to see the world through different lenses and to embrace new ideas. When we support fair remuneration for artists and musicians, we are not simply advocating for their financial rights. We are investing in our culture, our communities and all around us.

As it stands, the legal framework governing copyrighted sound recordings in Ireland is primarily based on the Copyright and Related Rights Act 2000. This legislation provides a foundation for the rights of copyright owners - in most instances, record labels - while also recognising the rights of performers such as musicians and vocalists. However, the actual distribution of revenues generated from sound recordings often raises questions of fairness and equity. Performers who bring artistic works to life frequently find themselves in a precarious position. Although they may receive an initial payment for their performances, the distribution of ongoing revenue generated from streams and sales tends to favour copyright owners, leading to significant disparities in income. This imbalance has sparked calls for reform and advocacy for a more equitable system that recognises the contributions of both parties.

To understand the situation in Ireland better, we need to draw comparisons with other countries that have grappled with similar issues. In particular, we can look at the approaches taken to address equitable remuneration by countries like Sweden, France and the United States. In Sweden, the concept of equitable remuneration has been embraced through a combination of collective bargaining and legislation. The Swedish artists' rights alliance plays a pivotal role in advocating for performers' rights, ensuring they receive a fair share of revenues from sound recordings. This model promotes transparency and accountability, allowing performers to negotiate better terms and conditions in respect of their contributions. The success of Sweden's system suggests that collective action can yield positive outcomes for performers, providing a potential roadmap for us to consider.

France presents a more robust legal framework for performers' rights. This is encapsulated in the droit d'auteur or author's rights system. In 2016, France implemented laws mandating a fair share of revenues for performers from streaming platforms and other digital distributors, thereby acknowledging their essential role in the creative process. This approach has not only benefited performers, but has also led to a more sustainable music ecosystem. Such legislative measures could serve as an inspiration for us here in Ireland and prompt a re-evaluation of our current copyright laws to ensure they adequately protect performers' rights.

While the United States is a global leader in music production and distribution, it presents a different scenario with regard to equitable remuneration. The US operates under a more fragmented system with significant disparities between the rights of performers and those of copyright owners. The Music Modernization Act, passed in 2018, aimed to address some of these issues by improving royalty distribution for songwriters. However, performers still face challenges in securing fair compensation, particularly in the context of streaming. This highlights the importance of ongoing advocacy and reform, a lesson Ireland can learn from the US experience.

As we navigate these discussions, we cannot overlook the profound impact of technology and digital platforms on the music industry. The rise of streaming services such as Spotify, Apple Music and YouTube has fundamentally altered how music is consumed and monetised. While these platforms provide unprecedented access to music for consumers, they also create new challenges for equitable remuneration. In Ireland, performers often find themselves at the mercy of algorithms and payout structures that prioritise volume over fairness. The fraction of a cent received per stream can make it nearly impossible for many artists to sustain a living solely from their recorded music. This situation calls for a re-evaluation of how digital platforms compensate both performers and copyright owners.

Advocacy for fairer distribution models, transparency in royalties and direct licensing agreements could pave the way for a more sustainable music economy in Ireland. The journey towards equitable remuneration for performers in Ireland is not solely the responsibility of us as policymakers or of legal frameworks. It also requires the active engagement of artists, industry stakeholders and advocacy organisations. Groups such as the Musicians' Union of Ireland and Irish Equity have a crucial role to play in raising awareness of the challenges faced by performers and in pushing for the necessary reforms. By fostering dialogue among performers, record labels and streaming services, we can work towards creating an ecosystem that values and compensates artistic contributions fairly. This collaborative effort will not only enhance the livelihoods of performers, but will also enrich our cultural landscape, ensuring that diverse artistic voices continue to thrive.

As we discuss equitable remuneration, it is essential to consider the broader cultural implications. Ireland has a rich musical heritage that is steeped in tradition and innovation. I look forward to welcoming tens of thousands to Wexford to see traditional musicians at Fleadh Cheoil na hÉireann in August. Musicians contribute significantly to our national identity and cultural expression. By fostering an environment where performers receive equitable remuneration, we not only support individual artists, but also preserve and promote our cultural legacy.

Equitable remuneration can lead to increased investment in local talent and the creation of new artistic works. When performers are fairly compensated, they are empowered to invest in their craft, to collaborate with others and to take creative risks, which is essential. In turn, this can lead to a flourishing arts scene that benefits not only artists, but also audiences and both local and national economies.

From our discussions here today, it is clear that the introduction of legislation guaranteeing a fair share of revenues for performers from digital platforms is vital. This could evolve, creating a system of equitable remuneration akin to those in France and Sweden, which I have mentioned. We must encourage the establishment and strengthening of collective bargaining agreements that empower performers and their representatives to negotiate fair terms with record labels and digital platforms. We must push for greater transparency in the distribution of royalties from streaming services to ensure that performers receive clear and timely information about their earnings. It is also imperative that we invest in initiatives that support emerging artists and provide them with resources to navigate the challenges of the industry. This could include grants, funding opportunities or mentorship programmes. Campaigns to educate the public about the importance of supporting artists and the impact of equitable remuneration on the cultural landscape would be a most welcome move.

The quest for equitable remuneration for performers and copyright owners of sound recordings in Ireland is an issue that requires collaboration, advocacy and reform. By studying and learning from the experiences of other countries and engaging in meaningful dialogue among stakeholders, we can create a fairer and more sustainable music ecosystem. It must be remembered that music is not merely a product. It is an expression of us all, a reflection of our culture and a source of joy and connection. By ensuring that performers receive the compensation they deserve, we honour and value their contributions and safeguard the future of our vibrant artistic community.

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