Copyright Act 2000 & and Related Acts
Copyright and Related Rights Act 2000
Performers have received new rights under the new copyright legislation. They
relate to the public performance and broadcasting of sound recordings in which
performers feature. This means that when a record, tape or CD is used in a public
performance or is broadcast the performers on the record, tape or CD must be
paid a royalty.
However, neither performers nor their representatives will have the right to approach discos or radio stations in order to negotiate and obtain a fee from them. Instead, the legislation puts the responsibility on Phonographic Performance Ireland Limited (PPI) to do this on behalf of record producers (i.e. the record companies), and performers. The fees collected are then divided between the two categories of rights owners - producers (record companies) and performers.
Performers regard it as absolutely essential that their rights are supervised and directed by an organisation that is controlled by performers and is clearly independent and removed from PPI and record producers. Such an association will:
- negotiate with PPI regarding the split of the fees collected between record producers and performers,
- give performers a voice or influence over PPI's licensing activities to ensure that they are being carried out for the maximum benefit of performers,
- ensure that PPI's costs are closely scrutinised and, most importantly
- ensure that the appropriate transparent and accurate distribution data is collected by PPI so that the maximum number of performers will benefit from their distributions.
All the above relates to the administration of performers' rights in Ireland.However, there is also the important issue of fees that are collected in other countries for Irish performers.
Overseas performers' associations are anxious to enter into reciprocal agreements with an Irish independent performers' association. This means that when sound recordings containing Irish performers are used in other territories the fees will be repatriated and distributed to the performers here in Ireland.
As part of the process, Recorded Artists Actors Performers Ltd (R.A.A.P.) has been incorporated as a company limited by guarantee which will be controlled by a Board of Directors elected in due course by the members of the new association.
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