A marathon legal dispute concerning the payment of recorded music royalties to thousands of Irish performers will finally go to trial next year, a decade after proceedings were initiated.
Of about €13.8 million collected in performance fees from Irish businesses and broadcasters paying licensing fees in 2024, about €2.9 million was returned to performers.
Recorded Artists Actors Performers Ltd (RAAP) – the body that collects and distributes statutory royalties from recorded music to more than 5,000 performers – is challenging the payment system operated by the record companies organisation, Phonographic Performance (Ireland) Ltd (PPI).
The case, before the Commercial Court, raises important issues concerning how musical performers are paid for works under copyright law here.
RM Block
The proceedings against PPI and the State were initiated in 2016 but the full hearing was delayed for various reasons including legal issues being referred to the Court of Justice of the EU, various appeals and discovery issues.
In the Commercial Court this week, Mr Justice Mark Sanfey agreed to fix a trial date on October 27th, 2026.
Andrew Fitzpatrick SC, for RAAP, told the judge his side had agreed directions with Jonathan Newman SC, for PPI, and John Donnelly SC, for the State, which were aimed at having the case ready to proceed on the trial date.
The case involved a dispute about an entitlement to payment for what is described under the Copyright Act as “equitable remuneration”, counsel said.
Many of RAAP’s members are reasonably well known but the vast majority are not and they depend on the payment of equitable remuneration for their mortgages and rent, counsel said.
This matter was of “significant importance” to them and they have been living in a situation of uncertainty about this dispute for quite some time, he said.
It was hoped, as the sides focus on preparing for the trial, they will try to narrow the issues and see if a resolution is possible, Mr Fitzpatrick said.
Mr Newman, for PPI, also favoured setting a trial date.
Mr Justice Sanfey listed the case for trial over eight weeks, starting on October 27th, 2026. It will be mentioned next July to update the court on preparations.
In 2021, RAAP got important High Court declarations, including that a 2006 EU directive concerning rental and lending rights, and certain intellectual property copyright rights, requires the right to remuneration accorded to owners of sound recordings publicly broadcast in Ireland must be “equally accorded” to all performers whose performances are included.
The Copyright Act, the court declared, does not properly transpose the 2006 Directive into Irish law because it does not accord to all performers on publicly broadcast sound recordings a right to remuneration for their work.
