Disputes regarding the payment of royalties in the area of public performance of sound recordings

Persons playing sound recordings in public or including a sound recording in a broadcast or cable programme service must agree to make payments in respect of such playing or inclusion in a broadcast to each licensing body concerned and to comply with the requirements of the legislation.

Where the person intending to play sound recording in public or to include sound recordings in a broadcast or cable programme service and the licensing body fail to reach agreement as to the payment due, the terms of the proposed agreement may be referred to the Controller for the determination of the amount and terms of payment. It should be noted that in cases where an application has been made to the Controller to determine a dispute, that the party playing sound recordings must pay to the licensing body such amount as he or she considers reasonable and must notify the licensing body and the Controller of his or her intention to do so.  

The procedures to be followed in relation to such disputes are set out in detail in The Copyright and Related Rights (Proceedings Before The Controller) Rules 2009 (S.I. No. 20 of 2009).  The Rules should be consulted by any person (petitioner) intending to make a reference to the Controller.  Particular notice should be paid to Rule 4 which requires that an application to the Controller for a determination include the following items:

a) the name and address of the petitioner;

(b) the name and address of the respondent;

(c) original and one copy of a signed statement which contains a reference to:

  • (i) the section of the Act pursuant to which the reference or application is  being made,
  • (ii) the material facts on which the petitioner relies in making the reference or application, and
  • (iii) the relief sought;

(d) the original and one copy of each of the documents mentioned in Schedule 2 of the Rules as the context requires;

(e) the fee of €500 payable to the Controller of Patents, Designs and Trade Marks.

It should be noted that the Controller shall not consider an application or reference as having been made to him or her unless he or she is duly furnished with the foregoing items.