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32|Retail News|March 2014|www.retailnews.ie

Music Copyright

Landmark Decision on Music Licences In 2013, the Dublin District Court delivered an important judgement on the playing of music on the business premises that makes interesting reading for retailers, write Jennifer Heffernan and Michael Nuding of Denis Finn Solicitors. A RECENT District Court judgement dismissed a claim by Phonographic Performance Ireland Limited (PPI) against a shoe retailer for non-payment of royalties, in what could be an important judgement for other retailers throughout the country. PPI was established in 1968 to act on behalf of record company rights in the public performance, broadcasting and reproduction of their recordings. PPI also collects royalties on behalf of performers. In the case of PPI v Patrick Burke Shoes Limited, the issue before the court was the non-payment of royalties to the PPI.

Not only did the District Court judge dismiss the PPl’s claim against the shoe retailer, but also ordered them to pay the retailer’s costs for the case. The defendant retailer, who was represented by Denis I. Finn Solicitors, is the owner of shoe shops in Dublin’s Talbot Street and Donaghmede Shopping Centre. In both stores, there was a radio playing in the background for the benefit of staff during quiet trading periods. As a result of this, the shop owner was being sued by PPI for the unpaid royalties, which amounted to €2,046.52, while the PPI were also seeking aggravated and

punitive damages up to the maximum jurisdiction of the District Court, which at the time stood at €6,348. When the case came to court, evidence was given by employees of PPI who had visited the shops of Patrick Burke Shoes. Their evidence was that they heard certain named songs being played on the radio, in respect of which they said their client record companies own the copyright. Communication to the Public? In defending the shoe retailer, solicitors Michael Nuding and Jennifer


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