Michael Moynihan
Question:268. Deputy Michael Moynihan asked the Minister for Jobs, Enterprise and Innovation the way the collective rights management directive will impact here; and if he will make a statement on the matter. [27864/13]
View answerTuesday, 9 July 2013
Questions (268)
Written answers
A proposal for a Directive of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market was published in July 2012. With Council, the European Parliament has a co-decision role on the Directive so that, until the final text of the Directive is adopted, which will occur following completion of the legislative procedure in both EU institutions, it is difficult to pin down the impact of the measure.
The main objectives of the Directive are to improve the standards of governance and transparency of collective management societies (CMOs) thereby ensuring improvements in their management efficiency for the benefit of Right holders whom they represent. The Directive also seeks to facilitate multi-territorial licensing by collecting societies of authors' rights in musical works when transmitted online.
In terms of governance, the Directive proposes to set down rules in relation to the conduct of CMOs in terms of structured management arrangements such as the need to provide for a general assembly of members with certain areas of responsibility and decision making ability, the establishment of fair criteria for membership eligibility, the imposition of obligations and duties on persons who manage the business of the CMO, the need to provide for a supervisory function in CMOs etc. Requirements are also set out in relation to the timeframe for distribution to Right holders of revenue received from the use of copyrights or related rights, the deductions that can be made therefrom and, the investment and distribution of such monies. Rules on disclosure of information to Right holders, members and the general public together with the need for the preparation of annual transparency reports are also proposed.
My Department carried out an initial general consultation on the directive at the time of publication and, submissions were received from a number of Irish CMOs. I should say that, while certain technical issues were raised by them in relation to some Articles of the Directive, overall the proposal was well received. It was pointed out that it is the case that some CMOs already have in place similar rules to some of those proposed under the Directive and that in some instances these are, in fact, more stringent than what is proposed under the Directive.
I am pleased to say that during the Irish Presidency, huge progress was made in terms of advancing this proposal through first reading examination in Council to the point of reaching agreement at political level to commence Trilogue discussions with the European Parliament on the dossier. It is expected that Trilogues with the Parliament will commence on the Directive under the Lithuanian Presidency in the Autumn of this year paving the way for adoption of the Directive.