Recorded Artists Actors Performers Ltd v Phonographic Performance (Ireland) Ltd & Ors (Unapproved) [2022] IECA 8 (21 January 2022)

Recorded Artists Actors Performers Ltd v Phonographic Performance (Ireland) Ltd & Ors (Unapproved) [2022] IECA 8 (21 January 2022)

The Court of Appeal held that the High Court did not err in granting declarations in terms of reliefs (1) and (3) of the statement of claim, including as against PPI, as the issues were real, RAAP had a present interest, and PPI was a proper contradictor. The CJEU's judgment on the Directive's meaning did not preclude the High Court from making a declaration. The prohibition on horizontal direct effect does not prevent the grant of declaratory relief in these circumstances. Costs were properly awarded against PPI and the State defendants jointly and severally.

Citation
[2022] IECA 8
Parties
Plaintiff / Respondent: Recorded Artists Actors Performers Limited; Defendant / Appellant: Phonographic Performance (Ireland) Limited; Defendant / Respondent: Minister for Jobs, Enterprise and Innovation, Ireland; Defendant / Respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
21 January 2022
Procedural Posture
Appeal / Judgment on Appeal From High Court Decision Regarding Preliminary Issues and Costs
Outcome
Appeal dismissed
Legal Topics
Copyright, Equitable Remuneration, Directive Interpretation, Transposition of EU Law, Declaratory Relief, Costs
Intellectual Property European Union Law Contract Law Copyright Equitable Remuneration Directive Interpretation Transposition of EU Law Declaratory Relief +1 more

Case Brief

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Parties

Recorded Artists Actors Performers Limited

Plaintiff / Respondent

Phonographic Performance (Ireland) Limited

Defendant / Appellant

Minister for Jobs, Enterprise and Innovation, Ireland

Defendant / Respondent

Attorney General

Defendant / Respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court Decision Regarding Preliminary Issues and Costs

Legal Issues

  1. 1 Whether a declaration as to the correct interpretation of Directive 2006/115/EC can be made against a private party (PPI)
  2. 2 Whether the Copyright and Related Rights Act 2000 properly transposes Directive 2006/115/EC
  3. 3 Entitlement of non-EEA performers to equitable remuneration under Irish law and the Directive

Ratio Decidendi

The Court of Appeal held that the High Court did not err in granting declarations in terms of reliefs (1) and (3) of the statement of claim, including as against PPI, as the issues were real, RAAP had a present interest, and PPI was a proper contradictor. The CJEU's judgment on the Directive's meaning did not preclude the High Court from making a declaration. The prohibition on horizontal direct effect does not prevent the grant of declaratory relief in these circumstances. Costs were properly awarded against PPI and the State defendants jointly and severally.

Court Disposition

Appeal dismissed

Orders

  • Declarations granted in terms of reliefs (1) and (3) of the statement of claim, including as against PPI
  • Costs awarded to RAAP against PPI and State defendants jointly and severally