The High Court in Dublin heard Tuesday that the music royalties system operated by Phonographic Performance (Ireland) Ltd has run roughshod over the rights of Irish performers, including The Boomtown Rats and The Chieftains, in an egregious breach of statutory remuneration rules.
High Court Battle Over Missing Royalties
- Recorded Artists Actors Performers Ltd opened an eight-week Commercial Court action against PPI and the State on Tuesday.
- RAAP claims PPI withheld millions in public broadcast and performance fees from thousands of Irish artists after altering qualification rules in 2012.
- Mary Black, Danny O’Reilly, Róisín Ó, and Paul Noonan attended court as the long-delayed case finally opened.
The 2012 Rule Change and Withheld Millions
Andrew Fitzpatrick, barrister for Recorded Artists Actors Performers Ltd, told Judge Nessa Cahill that the system operated by Phonographic Performance (Ireland) Ltd involved an egregious breach of rights. RAAP initiated its case in 2016 against PPI and the State, though the full hearing faced delays due to legal issues referred to the Court of Justice of the European Union, appeals, and discovery disputes. RAAP secures statutory royalties from recorded music for more than 5,000 performers.
The dispute centers on how performance fees collected from Irish businesses and broadcasters are distributed. RAAP reported that of about €13.8 million collected in licensing fees in 2024, approximately €2.9 million was returned to performers. Fitzpatrick stated that from 2002 to 2012, PPI paid the 50 percent performance share of a qualifying music track directly to RAAP for distribution to performers. However, after 2012, when PPI realized it was collecting less money, the organization unilaterally began assessing qualification on a performer-by-performer basis.
| Metric | Collection and Distribution Figures |
|---|---|
| Total Performance Fees Collected (2024) | €13.8 million |
| Amount Returned to Performers | €2.9 million |
| RAAP Registered Performers | More than 5,000 |
| Active Court Hearing Duration | Eight weeks |
Disputed Databases and International Repercussions
Counsel illustrated the shift by explaining that prior to 2012, if a band recorded a track in the United States with one Irish member and three non-EU members, the entire track qualified for the full 50 percent share. After 2012, PPI allocated only one-quarter of that 50 percent share to the Irish performer and retained the rest. Fitzpatrick told the court that PPI incredibly claimed this approach was correct and aligned with prior agreements, a claim RAAP denies.
Further compounding the dispute, Fitzpatrick stated that PPI engaged in an egregious breach of performers’ rights when it purported to dismiss RAAP in 2016 and appointed the UK-based Phonographic Performance Ltd to manage Irish royalty rights. That transition caused real consequences, resulting in withheld remuneration for major Irish acts including The Chieftains, The Boomtown Rats, The Saw Doctors, and Joe Dolan. The failure stemmed from PPL’s database, which reportedly failed to properly match certain Irish bands with their released musical tracks.
Courtroom Presence and Ongoing Testimony
A packed courtroom 16 at the Four Courts watched the opening arguments, with Mary Black, Danny O’Reilly, and Róisín Ó present for the proceedings. Fitzpatrick noted during his opening statements that while the legal papers feature internationally recognized performers, the vast majority of RAAP members possess names that do not immediately leap off the page in the same way as Paul Hewson or Hozier.
The Copyright Act guarantees that performers retain rights to equitable remuneration and can appoint a collective organization like RAAP to receive and distribute payments. Fitzpatrick maintained that PPI violated both categories of rights. 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 hearing, and Paul Noonan is scheduled to give evidence during the eight-week trial, which continues on Wednesday.
