Barry Heneghan (Dublin Bay North, Independent)
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193. To ask the Minister for Enterprise, Trade and Employment if his Department has assessed the impact of an organisations effective monopoly on music licensing in Ireland, particularly in comparison to EU counterparts where licensing fees are more competitive; and if he will consider measures to introduce greater competition or alternative licensing models to reduce costs for the hospitality sector. [7115/25]

Peter Burke (Longford-Westmeath, Fine Gael)
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Ireland’s licensing framework is in line with international standards and operates similarly to those in other EU countries, where collective rights management organisations work to protect intellectual property while streamlining the licensing process for businesses.

The legislation relating to copyright is set out in the Copyright and Related Rights Act, 2000 (as amended) (the ‘CRRA’). Section 37(1)(b) provides that the copyright owner holds the exclusive right, among others, “to make available to the public the work” which includes "performing, showing or playing a copy of the work in public” (s.40(1)(b)) and “broadcasting a copy of the work” or “including a copy of the work in a cable programme service” (s.40(1) (c-d)). As per section 40(2) the making available to the public of copies of a work will also include the making available the original work.

Under Irish legislation, the Intellectual Property Office of Ireland ('IPOI'), which operates under the auspices of my Department, has certain functions in relation to copyright licensing bodies. Chapters 16 and 17 of the CRRA apply to copyright licensing and the registration of copyright licensing bodies. If a prospective licensee disagrees with the terms proposed by a licensing body, they can refer the matter to the Controller of the IPOI for review. Section 149 of the CRRA provides for the licensing schemes and licensing bodies, and as per section 158 “The terms on which a licensing body proposes to grant a licence may be referred to the Controller by the prospective licensee”. Licensing bodies or CMO’s (Copyright Management Organisation’s) operate under licences obtained from the Controller of Intellectual Property, which are renewable annually. The CMO’s are required to submit their proposed tariffs/schemes to the IPOI before they can come into operation.

Rightsholders in Ireland are not obligated to license their music through licensing bodies. Independent artists, composers, and labels have the option to manage their own rights, negotiate direct licensing agreements, or work with alternative rights management organisations. This flexibility ensures that creators can choose the licensing structure that best suits their needs.