Written answers
Wednesday, 25 June 2025
Department of Enterprise, Trade and Employment
Intellectual Property
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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58. To ask the Minister for Enterprise, Trade and Employment whether any stakeholder within the music sector lobbied the Government for the transfer of functions relating to dispute resolution of sound recording copyright from the Controller of Intellectual Property to the Circuit Courts in advance of the publishing of the Copyright and Related Rights (Amendment) Bill 2025; and to provide details of times, dates and participants in correspondence or meetings where this transfer of functions was discussed. [34564/25]
Peter Burke (Longford-Westmeath, Fine Gael)
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I wish to inform the Deputy that, to date, no representations were received from or lobbying efforts made by any stakeholder within the music sector in relation to the transfer of functions concerning the dispute resolution of sound recording copyright from the Controller of Intellectual Property to the Circuit Courts prior to the publication of the Copyright and Related Rights (Amendment) Bill 2025.
This legislative amendment was introduced to ensure compliance with EU Directive 2006/115/EC and to address deficiencies identified by the Court of Justice of the European Union and the Irish High Court. The decision to transfer these functions was based on legal considerations, not on representations or lobbying from sectoral stakeholders.
Accordingly, there are no records of correspondence, meetings, or consultations involving music sector stakeholders in which this transfer of functions was discussed prior to the publication of the Bill on 13 June 2025.
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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59. To ask the Minister for Enterprise, Trade and Employment whether any stakeholder within the music sector lobbied the Government for erasing the role of licensing bodies from dispute resolution of sound recording copyright in advance of the publishing of the Copyright and Related Rights (Amendment) Bill 2025; and to provide details of times, dates and participants in correspondence or meetings where this erasure was discussed. [34565/25]
Peter Burke (Longford-Westmeath, Fine Gael)
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I wish to inform the Deputy that, following a comprehensive review of departmental record, there are no records to reflect any stakeholders within the music sector lobbied the Government to remove the role of licensing bodies from the dispute resolution process for sound recording copyright in advance of the publication of the Copyright and Related Rights (Amendment) Bill 2025.
The amended section 208 removes the arbitration function in cases where parties cannot reach agreement on the sharing of equitable remuneration from the Controller of Intellectual Property of Ireland and grants this to the Circuit Court. The proposed amendment to section 208 the Copyright and Related Rights Act does not alter the role of licensing bodies in dispute resolution of sound recordings, and this was not considered.
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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60. To ask the Minister for Enterprise, Trade and Employment the number of applications made each year to the Controller of Intellectual Property in relation to sound recording copyright. [34566/25]
Peter Burke (Longford-Westmeath, Fine Gael)
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To date, a single application has been submitted to the Controller of Intellectual Property concerning sound recording copyright.
This application was lodged in September 2021 under Section 208(5) of the Copyright and Related Rights Act 2000, seeking an order pursuant to Section 208(8) of the same Act.
However, following receipt of this application, legal advice was obtained which indicated that, due to deficiencies in the relevant legislative provisions, the application could not proceed to a hearing.
Amendments to address these legislative shortcomings are currently advancing through the legislative process in the form of the Copyright and Related Rights (Amendment) Bill 2025.
No further applications have been made to the Controller in this regard.
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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61. To ask the Minister for Enterprise, Trade and Employment the judicial competence that the Controller of Intellectual Property lacks regarding sound recording copyright that requires this function to be transferred to the Circuit Courts under his proposed Copyright and Related Rights (Amendment) Bill 2025; and to clarify the reason the Controller's competence in other areas of intellectual property remains satisfactory in spite of this lack. [34567/25]
Peter Burke (Longford-Westmeath, Fine Gael)
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Following the receipt of legal advice, including from the Office of the Attorney General, the Department of Enterprise determined that the reassignment of functions from the Controller of Intellectual Property to the Courts constituted an appropriate and necessary course of action.
Adjudication of a dispute by the Controller under section 208 of the Act extends beyond the scope of intellectual property law and requires the application of equitable principles.
Such assessments, particularly those involving fairness, proportionality, and the respective contributions of parties, fall outside the institutional expertise of the Controller.
In contrast, the Courts possess the requisite experience and jurisprudential foundation to adjudicate on matters of equity, drawing on a well-established body of case law and a long-standing tradition of applying equitable remedies.
The Controller of Intellectual Property is responsible for the granting and registration of intellectual property rights in Ireland, specifically patent, trademark, and industrial design rights as provided for under the various Acts, Rules and Regulations for which the Controller has statutory responsibility.
The Controller also has certain statutory functions under the Copyright and Related Rights Act, 2000 (as amended), which are mainly concerned with the registration of copyright licensing bodies, references and applications relating to licensing schemes operated by those bodies.
The Office of the Controller of Intellectual property also disseminates information on intellectual property rights and provides my Department with input to the planning and drafting of certain intellectual property legislation and the formulation and implementation of policy in relation to the development of the system of intellectual property rights protection.
A full review of the Controller of Intellectual Property's functions was not deemed necessary in the preparation of this Bill, as its scope is limited to matters relating to the sharing of royalties in sound recordings arising from the CJEU Judgement in case C-265/19.
My Department will continue to monitor and engage in policy and legislative changes at EU, including as part of the forthcoming review of the Copyright in the DSM Directive (2019/790/EU). In this context, consideration will be given to the necessity of any further legislative changes to the Controller's statutory functions.
The Government is committed to ensuring that Ireland's copyright regime remains robust and in line with EU norms, while also being consistent with our legal system and traditions.
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