Dáil Éireann debate -
Wednesday, 21 Feb 2001

Vol. 531 No. 1

Written Answers. - Copyright Law.

Bernard Allen

Question:

56 Mr. Allen asked the Tánaiste and Minister for Enterprise, Trade and Employment the legislation in place to protect musicians and musical groups in order that these performers receive their fair share of royalties from music played on radio and television; and if EU laws and regulations are being fully enforced in this regard. [5040/01]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt)

The Copyright and Related Rights Act, 2000, which I was pleased to put through the Oireachtas and which was commenced on and from 1 January 2001, makes comprehensive provision for the first time in Irish law for performers' rights in respect of the exploitation of their performances.

Among the rights afforded to performers under the Act is the exclusive right to authorise or prohibit the broadcasting live, or including live in a cable programme service, of the whole or any substantial part of a performance protected under the Act. The Act also gives performers the exclusive right to authorise or prohibit the making of a recording of a whole or any substantial part of the protected performance directly from a broadcast of, or cable programme including, the live performance. These rights, and complementary rights provided for the holders of copyrights and recording rights in relation to musical works, song lyrics and sound recordings, provide a stable legal environment in which the economic interests of all musical creators, including performers, are protected in the broadcasting environment. The Act also provides effective civil remedies in the event of these rights being infringed and criminal penalties ranging up to a maximum of a fine of £100,000 or five years' imprisonment, or both, may apply where an offence in breach of such rights is proved.

In providing Ireland with copyright legislation with state of the art intellectual property protection for the information age, the Copyright and Related Rights Act, 2000, has given effect in Irish law to all the requirements of current EU and international law in the field of copyright and related rights.