Recorded Artists Actors Performers Ltd opened an eight-week High Court action in Dublin on Tuesday, alleging that Phonographic Performance Ireland operated a royalties system that ran roughshod over the rights of Irish performers.
The 2016 Lawsuit And High Court Proceedings
The legal action began in 2016 when RAAP initiated proceedings against PPI and the State to challenge how statutory royalties from recorded music are collected and distributed. The full Commercial Court hearing faced significant delays due to discovery issues, appeals, and legal questions referred to the Court of Justice of the European Union. Andrew Fitzpatrick, barrister for RAAP, told Judge Nessa Cahill during his opening remarks that the system involved an egregious breach of statutory rights.
Several prominent musicians attended the opening day in a packed courtroom 16 at the Four Courts, including Mary Black, her son Danny O’Reilly of The Coronas, and her daughter Róisín Ó. Bell X1 lead singer Paul Noonan is scheduled to give evidence during the eight-week trial.
Disputed Royalty Distributions And 2012 Policy Shift
RAAP represents more than 5,000 performers to collect and distribute statutory royalties. According to legal counsel, PPI collected about €13.8 million in performance fees from Irish businesses and broadcasters licensing music in 2024, but returned only about €2.9 million of that total to performers.
Fitzpatrick outlined a shift in how PPI managed payments starting in 2012. From 2002 to 2012, PPI paid the 50 percent performance share of a qualifying track directly to RAAP for distribution to artists. After 2012, counsel stated, PPI unilaterally began assessing qualification on a performer-by-performer basis, reducing payments to local acts when bands featured international members or recordings made outside the European Union.
Prior High Court Declarations And Counterclaims
The current trial follows important High Court declarations secured by RAAP in 2021. Those rulings established that a 2006 EU directive requires sound recording public broadcast remuneration to be equally accorded to all performing artists. The court previously declared that the Irish Copyright Act did not properly transpose that directive into national law.
PPI denies any breach of rights and has advanced a counterclaim asserting that RAAP owes it money. The State is not taking an active part in the ongoing hearing, according to statements made in court on Tuesday.
Allegations Concerning PPL Database Mismatches
RAAP further claimed that PPI attempted to remove RAAP in 2016 and appointed the UK-based Phonographic Performance Ltd to manage Irish performer rights. Fitzpatrick argued that this transition caused real consequences, with remuneration withheld from acts including The Chieftains, The Boomtown Rats, The Saw Doctors, and Joe Dolan because database mismatches failed to link Irish bands with their released tracks. The hearing continues on Wednesday.
Frequently Asked Questions
What is RAAP and what does it do?
Recorded Artists Actors Performers Ltd is a collective organisation established to collect and distribute statutory royalties from recorded music to more than 5,000 performers in Ireland.
How much money did PPI collect in 2024?
According to claims presented in court by RAAP’s legal team, PPI collected about €13.8 million in performance fees from Irish businesses and broadcasters in 2024, returning about €2.9 million to performers.
Why was the 2016 lawsuit delayed until now?
The full High Court hearing experienced delays stemming from legal issues referred to the Court of Justice of the European Union, along with various appeals and discovery disputes.
Which musicians are scheduled to give evidence?
Bell X1 lead singer Paul Noonan is among the witnesses scheduled to give evidence during the eight-week Commercial Court hearing before Judge Nessa Cahill.
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