Copyright law on music royalties changes
A change in Irish copyright law relating to music royalties for producers and performers based outside the European Economic Area (EEA) came into effect yesterday (29 April).
It means that such artists are entitled to the same payments as those based in the EEA when their music is played in public or broadcast.
The provision, contained in the Copyright and Related Rights Amendment Act 2026, was prompted by a ruling by the Court of Justice of the European Union (CJEU) in 2020.
CJEU ruling
The CJEU ruled that Irish law could not prevent music-royalty payments being made to performers who are not nationals or residents of the EEA.
The case centred on whether payments could be limited in cases where other countries imposed restrictions on royalty payments made to European artists.
The US is among the countries where restrictions on royalties apply.
The EU court ruled that member states could not exclude performers who were nationals of non-EEA states from the right to a single equitable remuneration for the playing of recorded music.
‘Balance’
It added that only the EU could legislate for such restrictions, “provided that they are consistent with the right to intellectual property, which is protected by the Charter of Fundamental Rights of the European Union”.
Minister for Enterprise, Tourism and Employment Peter Burke said that Ireland, during its upcoming presidency of the EU Council, would work with the commission and member states to help find a solution to the issue.
He added that Ireland hoped that the commission would put forward a legislative proposal that balanced the various interests and concerns expressed by member states “without undue delay”.