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European Union (Collective Rights Management) (Directive 2014/26/EU) Regulations 2016

The European Union (Collective Rights Management) (Directive 2014/26/EU) Regulations 2016 were signed into law by Minister Richard Bruton TD on 8 April 2016, coming into effect on 10 April 2016.

These Regulations act to incorporate the EU Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market into Irish law.

The main objective of these Regulations is to: (a) improve the standards of governance and transparency of collective management societies so that rightholders can exercise more effective control over them and help improve their management efficiency, and (b) facilitate the multi-territorial licensing by collecting societies of authors' rights in musical works for the provision of online services.

This should help to improve consumers’ access to a variety of cultural goods and services. Commercial users will benefit from better functioning and more transparent collecting societies and, in the online environment, from a framework facilitating access to licences for the provision of music services throughout the EU. Rightsholders will be enabled to maximise their earnings by widely promoting their works. They will also exercise more control over collecting societies and will be able to exercise informed choices as to who manages their rights. Cultural diversity will be fostered by the availability of a large and diverse repertoire. In consequence, more content and more services will become accessible to European citizens, including across borders.

These Regulations have been implemented with the aim of delivering a high standard of service among all Irish collecting societies. By modernising the organisation of collecting societies, rightholders can be even more assured that their rights are being effectively managed.

The Department of Jobs, Enterprise & Innovation had invited submissions to a public consultation on the transposition of the Collective Rights Management Directive (2014/26/EU) into Irish law and the responses received were considered in the course of the transposition process. The closing date for submissions was 19 February 2015. Further information can be found at Public Consultation on the Collective Rights Management Directive.

The European Union (Collective Rights Management) (Directive 2014/26/EU) Regulations 2016 (SI No 156 of 2016) came into effect from 10 April 2016.

A set of amending regulations, the European Union (Collective Rights Management) (Directive 2014/26/EU) (Amendment) Regulations 2016 (SI No 616 of 2016) were signed by Minister Mary Mitchell O’Connor on 16 December 2016.

These new Regulations make a technical amendment to the previous Regulations, which is necessary to avoid a conflict between the duties of a Director to manage a company under the Companies Act 2014 and the requirement under the Regulations for a collecting society to establish a supervisory function which does not consist of those involved in the day-to-day management of the collecting society.

The Department has published a set of guidance notes on these Regulations to assist users, rightsholders and collecting societies to understand their new rights and obligations and also outline the compliance procedure for collecting societies. To view the Guidance Notes European Union (Collective Rights Management Regulations) (Directive 2016/26/EU) Regulations 2016 SI No 156 of 2016 and SI No 616 of 2016 please click on the link below.

Guidance Notes on Collective Rights Management Regulations (PDF document)

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