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Copyright and Related Rights Act 2000
Right to equitable remuneration for exploitation of sound recording.
208.—(1) A performer has a right to equitable remuneration from the owner of the copyright in a sound recording where the sound recording of the whole or any substantial part of a qualifying performance which has been made available to the public for commercial purposes is—
(a) played in public, or
(b) included in a broadcast or cable programme service.
F111[(1A) Where the copyright of the producer in a sound recording has expired pursuant to section 299A(3), the performer in the sound recording has, subject to subsection (1B), a right to equitable remuneration from the person who—
(a) plays the sound recording in public, or
(b) includes the sound recording in a broadcast or cable programming service.
(1B) The period during which the performer is entitled to equitable remuneration after the expiry of the producer’s copyright pursuant to section 299A(3), is the period of copyright that would have remained pursuant to section 26, had the copyright of the producer in the sound recording not expired pursuant to section 299A(3).]
(2) A performer shall not assign the right to equitable remuneration under this section except to a collecting society for the purpose of enabling the collecting society to exercise that right on his or her behalf.
(3) The right to equitable remuneration is transmissible by testamentary disposition or by operation of law, as personal or moveable property, and it may be assigned or further transmitted, including by assignment, by any person who legally acquires the right.
(4) Subject to subsections (5) to (9), the amount of equitable remuneration payable under this section is that which has been agreed by or on behalf of the persons by and to whom it is payable.
(5) In default of agreement as to the amount of equitable remuneration payable, the person by or to whom it is payable may apply to the Controller for an order under subsection (8).
(6) Subject to subsection (7), a person to or by whom equitable remuneration is payable may also apply to the Controller—
(a) to vary any agreement as to the amount payable, or
(b) to vary any previous determination of the Controller as to the amount payable.
(7) An application may not be made under subsection (6) within 12 months from the date of the previous determination except with the special leave of the Controller.
(8) On an application being made under this section, the Controller shall consider the matter and make such order as to the method of calculating and paying equitable remuneration as he or she may determine to be reasonable in the circumstances, having regard to the importance of the contribution of the performer to the sound recording.
(9) An order made under this section shall have effect from the date on which it is made or such later date as may be specified by the Controller.
(10) An agreement as to the amount of equitable remuneration payable shall be void in so far as it purports—
(a) to exclude or restrict the right to equitable remuneration conferred by this section,
(b) to prevent a person questioning the amount of equitable remuneration, or
(c) to restrict the powers of the Controller conferred by this section.
Annotations
Amendments:
F111
Inserted (1.11.2013) by European Union (Term of Protection of Copyright and Certain Related Rights) (Directive 2011/77/EU) Regulations 2013 (S.I. No. 411 of 2013), reg. 4(e), in operation as per reg. 1(2).
F112
Inserted by Copyright and Related Rights (Amendment) Act 2026 (4/2026), s. 2(a), not commenced as of date of revision.
F113
Deleted by Copyright and Related Rights (Amendment) Act 2026 (4/2026), ss. 2(b), (c)(iii), not commenced as of date of revision.
F114
Substituted by Copyright and Related Rights (Amendment) Act 2026 (4/2026), ss. 2(c)(i), (ii), not commenced as of date of revision.
Modifications (not altering text):
C16
Prospective affecting provision: subss. (3A)-(3H) inserted, subss. ((4)-(9) deleted, subs. (10)(a), (b) amended, subs. (10)(c) deleted by Copyright and Related Rights (Amendment) Act 2026 (4/2026), s. 2(a)-(c), not commenced as of date of revision.
F112[(3A) Subject to subsections (3B) to (3E), equitable remuneration less reasonable collecting costs shall be shared equally as between a performer and an owner of the copyright in a sound recording.
(3B) Where the sharing of equitable remuneration in accordance with subsection (3A) is not acceptable to a performer or an owner of the copyright in a sound recording, an alternative sharing of equitable remuneration as between a performer and an owner of the copyright in a sound recording may be agreed by, or on behalf of, the performer and the owner of the copyright concerned.
(3C) Where a performer and an owner of the copyright in a sound recording do not reach an agreement under subsection (3B), either party may serve a notice, in such form and manner as the Minister may prescribe, on the other party of its intention to make an application to the Circuit Court under subsection (3D) if no agreement under subsection (3B) is reached within 6 months (or such shorter period as may be agreed by the parties) of service of the notice.
(3D) Where a notice has been served under subsection (3C) and the period referred to in that subsection has expired without an agreement under subsection (3B) having been reached, either party may make an application to the Circuit Court for an order to determine how the equitable remuneration shall be shared as between the parties concerned.
(3E) The Circuit Court, on application to it in that behalf under subsection (3D) may, having regard, inter alia, to the importance of the performer’s contribution to a sound recording which is the subject of the application concerned, make such order as to the sharing of equitable remuneration as between the performer and the owner of the copyright in a sound recording as the Circuit Court determines to be just and reasonable.
(3F) Subject to subsection (3G), a party to an order under subsection (3E) or (3H) may apply to the Circuit Court to vary that order where a change in circumstances has occurred since the order was made, relevant to the particulars of that order.
(3G) An application under subsection (3F) may not be made within 12 months from the date on which the order in respect of the application was made except with the leave of the Circuit Court.
(3H) The Circuit Court, on application to it in that behalf under subsection (3F), having regard, inter alia, to the importance of the performer’s contribution to a sound recording which is the subject of the order concerned and, in particular, the change in circumstances that has occurred since the order was made relevant to the particulars of that order, may—
(a) confirm the order, or
(b) make such order varying the order as the Circuit Court determines to be just and reasonable.]
(4) F113[…]
(5) F113[…]
(6) F113[…]
(7) F113[…]
(8) F113[…]
(9) F113[…]
(10) An agreement as to the amount of equitable remuneration payable shall be void in so far as it purports—
(a) to exclude or restrict the right to equitable remuneration conferred by F114[this section, or]
(b) to prevent a person questioning the amount of F114[equitable remuneration.]
(c) F113[…]