Simon Coveney (Cork South Central, Fine Gael)
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Copyright legislation applies in the context that rights of authors and performers (including actors, performers, writers and directors) continue to be protected by certain provisions of copyright legislation when the authors or performers choose to transfer their rights to another party, for example to producers in the film and TV industry. This transfer is usually done by way of a license or contract in which the remuneration due to the authors or performers (rightsholders), in exchange for the transfer of his/her IP rights, is agreed between the parties concerned. Copyright legislation does not prescribe a specific manner in which such agreements should be made – this is a contractual matter between the parties.

My Department does not have a role in the enforcement of copyright legislation. It is open to rightholders themselves to take steps, as per the legislation, to enforce their own rights.

The EU Directive on Copyright in the Digital Single Market 2019/790, transposed into Irish legislation by way of S.I. No. 567/2021 - European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021, does provide rightholders (including actors, performers, writers, and directors) with rights which continue to operate even after the rightholders have reached an agreement to transfer their rights initially.

Part 6 of S.I. 567 of 2021 addresses the principle of appropriate and proportionate remuneration for rightholders, it also outlines what factors should be taken into account when considering what is ‘appropriate’ and ‘proportionate’ remuneration in any given circumstance. Regulation 27 provides for a transparency obligation meaning that a rightholder shall receive, from the party to whom the rightholder has transferred his or her rights, detailed information on how the work has been exploited. This provision ensures that authors and performers have access to an increased level of information about the exploitation of their works and performances which is necessary to allow rightsholders to assess their economic value adequately and continuously.

Having obtained information, by way of the transparency obligations, Regulation 28 offers authors and performers a contract adjustment mechanism when “the remuneration originally agreed turns out to be disproportionately low” compared to the success of their work or performance and the resulting revenues generated.

The Regulations also provide that should there be a dispute regarding the transparency obligation and/or the contract adjustment mechanism, parties may engage in mediation consistent with the Mediation Act 2017. In addition, disputes may be referred to arbitration in accordance with the Arbitration Act 2010. This is without prejudice to any judicial remedies.