High Court Hears Claims of Egregious Royalty Breaches Affecting Irish Performers
The music royalties system operated in Ireland by Phonographic Performance (Ireland) Ltd (PPI) has “run roughshod” over the rights of many Irish performers, including The Boomtown Rats and The Chieftains, the High Court was told on Tuesday. Andrew Fitzpatrick, barrister for Recorded Artists Actors Performers Ltd (RAAP), opened an action against Phonographic Performance (Ireland) Ltd (PPI) and the State before Judge Nessa Cahill in Court 16 of the Four Courts, alleging an egregious breach of statutory rights. As reported by The Irish Times, the eight-week commercial court hearing follows years of legal disputes concerning how musical performers are paid under Irish copyright law.
Packed Courtroom Observes Opening Arguments in Long-Delayed Case
Present among the packed audience for the initial proceedings were vocalist Mary Black, her son Danny O’Reilly (who fronts The Coronas), and her daughter, fellow singer Róisín Ó, as reported sat among the courtroom crowd. Bell X1 lead singer Paul Noonan is scheduled to give evidence during the proceedings. RAAP originally initiated its legal action in 2016 against PPI and the State. However, the full hearing faced extensive delays due to legal issues referred to the Court of Justice of the European Union, along with various appeals and discovery disputes.
Disputed Figures Highlight Split Between Collected Fees and Distributions
RAAP has stated that out of approximately €13.8 million collected in performance fees from Irish businesses and broadcasters during 2024, only about €2.9 million was actually returned to performers. PPI denies any breach of rights and has advanced a counterclaim, which includes an allegation that RAAP owes it money. The State is not taking an active part in the hearing, according to statements made in court. Fitzpatrick explained to the presiding judge that while the case documentation highlights globally recognized stars, the vast majority of individuals belonging to RAAP do not possess household names comparable to Hozier or Paul Hewson.
Unilateral Rule Changes Altered Royalty Calculations After 2012
Counsel for RAAP detailed how payment assessments shifted significantly over two decades. From 2002 to 2012, PPI paid the 50 per cent performance share of a qualifying music track directly to RAAP for distribution to performers. After 2012, according to Fitzpatrick, PPI realized it was getting less money and unilaterally began assessing qualification on a performer-by-performer basis. Prior to 2012, if a band recorded a track in the United States with one Irish member and three non-EU members, the track qualified for the entire 50 per cent share. After 2012, PPI allegedly gave one quarter of that share to the Irish performer and kept the remainder. PPI claims its approach aligns with agreements made with RAAP in 2002, a claim RAAP’s evidence will deny.
Database Mismatches Resulted in Withheld Remuneration for Major Acts
The dispute escalated further when PPI purported to remove RAAP in 2016 and appointed the UK-based Phonographic Performance Ltd (PPL) to manage Irish performers’ royalty rights. Fitzpatrick told the court this move had real consequences, with remuneration withheld from prominent Irish acts including The Chieftains, The Boomtown Rats, The Saw Doctors, and Joe Dolan. The withheld payments occurred because the database used by PPL to calculate distributions failed to match certain Irish bands with the musical tracks they released.
Frequently Asked Questions About the RAAP and PPI Royalty Dispute
What did the 2021 High Court declarations establish for performers?
The High Court declared in 2021 that a 2006 EU directive requires that the right to remuneration for publicly broadcast sound recordings must be equally accorded to all performing artists included on those tracks. The court also found that Ireland’s Copyright Act fails to properly transpose this directive into domestic law because it does not grant all performers a proper right to remuneration for their work.
How long is the current Commercial Court hearing scheduled to last?
The full hearing before Judge Nessa Cahill is scheduled to run for eight weeks at the Four Courts in Dublin, with witness testimony continuing through the week following its Tuesday opening.