Dáil Éireann díospóireacht -
Tuesday, 9 Jul 1991

Vol. 410 No. 6

Written Answers. - Irish Music Rights Organisation.

M. J. Nolan

Ceist:

19 Mr. Nolan asked the Minister for Industry and Commerce whether he has satisfied himself with the present operations of the Irish Music Rights Organisation in view of their monopoly position as the sole supplier of the copyright of composers and songwriters; his views on whether a public inquiry should be instituted to investigate all aspects of its monopoly pricing in relation to Irish radio and television and the effects that foreign control has on it; and if he will make a statement on the matter.

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

I am satisfied generally that sufficient safeguards exist whereby possible abuses of dominant or monopoly position by the organisation in question can be avoided in relation to Irish broadcasting services. In this regard, under the Copyright Act, 1963, where a copyright licensing scheme exists and a dispute arises between the organisation representing the copyright owners and a person (such as a broadcaster) requiring to use the copyrighted material, the matter may be referred to the Controller of Patents who shall consider the issues in dispute and may make such order, either confirming or varying the licensing scheme (including tariffs) as he may determine to be reasonable in the circumstances.

I would also point out that section 5 of the Competition Bill recently before this House prohibits the abuse of a dominant position within the State regardless of whether that position is held by foreign or national interests. Section 6 provides parties who may be aggrieved by such abuse with the means to seek redress in the Circuit Court or the High Court. Therefore, it will be open to individuals or undertakings to take an action themselves with the possibility of winning damages including exemplary damages in such cases.