Copyright Act, 1963

Determination by the Controller of certain matters relating to royalties under section 13 and remuneration under sections 17 and 48.

31.—(1) Where a dispute arises between the manufacturer and the owner of the copyright in a musical work regarding the amount of the royalty payable by the manufacturer under paragraph (d) of subsection (1) of section 13 of this Act in respect of the recording of the work, the dispute may be referred by either party to the Controller who shall consider the case and either determine the amount of the royalty so payable, or refer the case to an arbitrator in pursuance of the provisions of section 41 of this Act, for such determination.

(2) Where a royalty payable under section 13 of this Act falls to be apportioned under subsection (3.) or (5) of that section, the Controller shall, in default of agreement among the persons entitled to the royalty, consider the case and either determine the proportions in which the royalty shall be so apportioned, or refer the case to an arbitrator in pursuance of the provisions of section 41 of this Act, for such determination.

(3) Where a dispute arises between a person who causes a sound recording, or any reproduction thereof, to be heard in public, or to be broadcast, and the owner of the copyright subsisting in the recording regarding the equitable remuneration payable under paragraph (b) of subsection (4) of section 17 of this Act in respect of the recording, the dispute may be referred by either party to the Controller who shall consider the case and either determine the amount of the remuneration so payable, or refer the case to an arbitrator in pursuance of the provisions of section 41 of this Act, for such determination.

(4) Where a dispute arises between the owner of the right to broadcast a musical work incorporated in a cinematograph film and Radio Éireann, as to the equitable remuneration payable under subsection (2) of section 48 of this Act in respect of the work, the dispute may be referred by either party to the Controller who shall consider the case and either determine the amount of the remuneration so payable, or refer the case to an arbitrator in pursuance of the provisions of section 41 of this Act, for such determination.