Dáil Éireann debate -
Tuesday, 23 Apr 1991

Vol. 407 No. 3

Written Answers. - Copyright Legislation.

Bernard Allen

Question:

141 Mr. Allen asked the Minister for Industry and Commerce if he proposes to change the current legislation on copyright as (1) the operator has no defence in law against excessive demands by the rights holders and (2) the total withdrawal of services falls to the discretion of the rights holders in the event of the operator not acceding to the various demands made on them; and if he will make a statement on the situation whereby arbitration was deemed inappropriate in the setting up of legislation affecting the Performing Rights Society and where no such mechanism was provided for in dealing with the claims of many of the rights holders.

Minister for Industry and Commerce (Mr. O'Malley)

The Copyright Act, 1963 contains provisions dealing with certain of the situations envisaged in the Deputy's question.

In the case, for example, of public playing of sound recordings subject to copyright, a person causing the recordings to be heard in public is obliged to pay equitable remuneration to the copyright owner; in the event of a dispute arising as to the amount of the remuneration payable, either party is entitled to refer the dispute to the Controller of Patents, Designs and Trade Marks for determination. I am prepared to consider whether, and to what extent, similar provisions for dispute settlement should be made in other circumstances.