The European Court of Justice (ECJ) is asked to determine whether Irish law is consistent with EU law by excluding certain performers from a share of royalty payments if not based in Ireland or European Economic Area (EEA).
The case is against Phonographic Performance Ireland (PPI), which represents and collects royalties for record companies/producers, and the Minister for Jobs Enterprise and Innovation, which enforces compliance with copyright law.
In a second related case, the court found that while RAAP is entitled to negotiate and collect royalties from broadcasters and public venues on behalf of its members, final determination resides with the controller of patents and designs.
RAAP had claimed a 2002 agreement between them and PPI had set permeiters to pay 50 percent of royalty income for any qualifying recording in any qualifying country. But the dispute arose in 2013 when PPI began making deductions from the amount where they did not take place in a qualifying country. PPI maintain that non-EEA performers are not entitled to share of royalties.
The court is also asked whether in any circumstances it is permitted to confine the right to royalties to the producers of recordings and deny the right to performers.