Michael Healy-Rae (Kerry, Independent)
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56. To ask the Minister for Jobs, Enterprise and Innovation if she will address a matter (details supplied) regarding fees to an organisation for each night of live music; and if she will make a statement on the matter. [31904/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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In general, playing music in public places is an act that is governed by copyright law.  The relevant legislation is the Copyright and Related Rights Act, 2000 (the CRRA). This legislation gives the owners of copyright works, which includes musical works, certain rights over the use of their works.  If covered by copyright, the act of making the musical work available in public is a restricted act.  In the context of music, this applies on two levels: making available in public recorded music that is owned by record companies, including also the performers involved in the recording; separately, songwriters, composers and music publishers are entitled to copyright protection where their works are made available in public.  It is for this reason that premises such as those referred to by the Deputy need to be licensed for the use of musical recordings that are broadcast via radio, tv etc. and, separately for the public performance of live acts or recorded music on the premises.

The CRRA provides the means for copyright holders to engage with Collective Management Organisations to represent their rights in relation to the public use of their copyright protected works.  These organisations are responsible for the collection and distribution of royalties to their members and operate under licence obtained from the Controller of Patents, Designs & Trade Marks, which licence is renewable annually.

The Irish Music Rights Organisation (IMRO) is a collecting organisation that operates as a licensed body under the CRRA and it represents the rights of its members i.e. songwriters, composers and music publishers in Ireland.  Music users such as broadcasters, licensed premises where music is played etc. are required by law to pay for the use of copyright music.  Phonographic Performance Ireland (PPI) is also a licensed body under the CRRA that represents the rights of record companies and performers.

IMRO, through an agency arrangement with PPI, introduced a new system of music licensing for business.  This new system of ‘dual licensing’ came into effect on 1 January 2016 with the intention of simplifying the licensing process for music users.  Under this new arrangement IMRO administers the granting of copyright music licences, collection of royalties, and related activities on behalf of both organisations.  The new arrangement enables business to obtain the appropriate copyright music licences by making a single payment.

As Minister, I do not have any function in the setting of tariffs charged by organisations representing the rights of copyright holders.  However, it is open to a person affected by such charges to refer a dispute in relation to a licensing scheme to the Controller of Patents, Designs and Trade Marks, who has certain statutory functions in this area under the CRRA.

Section 152 of the CRRA provides that where a dispute arises between the operator of a licensing scheme concerned with copyright works and a person claiming that he or she requires a licence under the scheme, that person or operator may refer the scheme to the Controller for determination.

The legislation provides the Controller with two options for dealing with the referral.  The Controller can consider the matter referred and make an order, confirming or varying the scheme.  Alternatively, the Controller may refer the matter to an arbitrator for consideration.  The procedures to be followed and fees payable in relation to references to the Controller are set out in the Copyright and Related Rights (Proceedings before the Controller) Rules 2009 (S.I. No. 20 of 2009). 

Both the CRRA and the Copyright and Related Rights (Proceedings before the Controller) Rules 2009 (S.I. No. 20 of 2009) are available on my Department’s website at or by clicking here: IP Legislation page.