Recorded Artists Actors Performers Ltd v Phonographic Performance (Ireland) Ltd (Approved) [2020] IECA 82 (03 April 2020)

Recorded Artists Actors Performers Ltd v Phonographic Performance (Ireland) Ltd (Approved) [2020] IECA 82 (03 April 2020)

The right of a collective management organisation to collect equitable remuneration on behalf of performers is contingent upon individual performers having assigned, licensed, or otherwise contractually authorised the CMO to act on their behalf; registration as a licensing body does not create a presumptive or exclusive right to collect for all performers in a class.

Citation
[2020] IECA 82
Parties
Plaintiff/appellant: Recorded Artists Actors Performers Limited; Defendant/respondent: Phonographic Performance (Ireland) Limited
Jurisdiction
Ireland
Judgment Date
03 April 2020
Procedural Posture
Appeal / Judgment on Appeal From High Court Regarding Preliminary Legal Issues
Outcome
Appeal dismissed
Legal Topics
Equitable Remuneration, Collective Management Organisations, Performers' Rights, Licensing Bodies, Statutory Interpretation
Intellectual Property Law Copyright Law European Union Law Equitable Remuneration Collective Management Organisations Performers' Rights Licensing Bodies Statutory Interpretation

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Parties

Recorded Artists Actors Performers Limited

Plaintiff/appellant

Phonographic Performance (Ireland) Limited

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court Regarding Preliminary Legal Issues

Legal Issues

  1. 1 Whether s.208(1) of the Copyright & Related Rights Act, 2000 places the statutory obligation to determine payments of equitable remuneration to performers upon RAAP and not PPI
  2. 2 Whether, under s.281 of the Act of 2000, RAAP is entitled to receive all remuneration payable by PPI to performers arising out of public performance, broadcasting or cable transmission of recordings in the State

Ratio Decidendi

The right of a collective management organisation to collect equitable remuneration on behalf of performers is contingent upon individual performers having assigned, licensed, or otherwise contractually authorised the CMO to act on their behalf; registration as a licensing body does not create a presumptive or exclusive right to collect for all performers in a class.

Court Disposition

Appeal dismissed

Orders

  • RAAP is not entitled to collect equitable remuneration for all performers in a class solely by virtue of registration; it may only collect for those who have authorised it.
  • The statutory obligation to determine payments does not rest exclusively with RAAP; the Controller of Intellectual Property is the final arbiter in case of dispute.