Irish Music Rights Organisation Ltd/ Public Performance Users. [1995] IECA 457 (21st December, 1995)

Irish Music Rights Organisation Ltd/ Public Performance Users. [1995] IECA 457 (21st December, 1995)

The notified IMRO standard copyright music licence agreement does not offend Section 4(1) of the Competition Act, 1991, as public performance users can obtain licences from individual copyright owners or overseas licensing organisations, and the blanket licence arrangement is not anti-competitive per se given the market context and available alternatives.

Citation
[1995] IECA 457
Parties
Notifier/association of Undertakings: Irish Music Rights Organisation Ltd (IMRO); Users/objectors: Public Performance Users (various representative bodies, e.g. Vintners Federation of Ireland, Irish Music Users Council, etc.)
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification/decision / Decision on Notification for Certificate Under Section 4(4) of the Competition Act, 1991
Outcome
Certificate issued; notified agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Collective Rights Management, Blanket Licensing, Abuse of Dominance, Royalty Tariffs, Jurisdiction of Competition Authority
Competition Law Copyright Law Collective Rights Management Blanket Licensing Abuse of Dominance Royalty Tariffs Jurisdiction of Competition Authority

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Parties

Irish Music Rights Organisation Ltd (IMRO)

Notifier/association of Undertakings

Public Performance Users (various representative bodies, e.g. Vintners Federation of Ireland, Irish Music Users Council, etc.)

Users/objectors

Procedural Posture

Competition Authority Notification/decision / Decision on Notification for Certificate Under Section 4(4) of the Competition Act, 1991

Legal Issues

  1. 1 Whether IMRO's standard copyright music licence agreement offends Section 4(1) of the Competition Act, 1991 by preventing, restricting, or distorting competition
  2. 2 Whether the Competition Authority has jurisdiction given the Copyright Act, 1963 dispute resolution mechanism
  3. 3 Whether IMRO's blanket licence constitutes an anti-competitive arrangement

Ratio Decidendi

The notified IMRO standard copyright music licence agreement does not offend Section 4(1) of the Competition Act, 1991, as public performance users can obtain licences from individual copyright owners or overseas licensing organisations, and the blanket licence arrangement is not anti-competitive per se given the market context and available alternatives.

Court Disposition

Certificate issued; notified agreement does not offend Section 4(1) of the Competition Act, 1991.

Orders

  • Certificate issued under Section 4(4) of the Competition Act, 1991 for IMRO's standard copyright music licence agreement (notification no. CA/3/91E).