George Lawlor on fair pay for performers in the streaming era

Minister, the Labour Party will not be opposing this bill, but we feel the whole area of copyright in this country is something that we need to look at perhaps more closely. With our myriad of talent, it's an issue that affects not only the music industry, but also the broader landscape of creative arts and cultural expression in Irish society. So the matter of equitable enumeration for performers and owners of copyright in sound recordings in Ireland is one that is rightly discussed and decided upon in this chamber. It is a topic that resonates deeply in an era where digital technology in particular and globalisation have transformed the way we create, consume and distribute music. To set the stage, and no pun intended, let us first define the context of equitable enumeration. At its core, equitable enumeration refers to fair compensation for the contributions of both performers and copyright owners in the production and distribution of sound recordings. In Ireland, as in many countries, this balance remains a contentious issue, particularly as the industry navigates the complexities introduced by streaming services, digital downloads and indeed the ever-evolving landscape of copyright law. Yet, despite their invaluable contributions, many performers and musicians struggle to earn a living from their craft. The platforms that allow their voices to reach us often fail to provide fair compensation, leaving them vulnerable and certainly financially underappreciated. But this is not just a matter of financial survival, it's about recognising the worth of their talents, their creativity and their dedication. Artists and musicians are not merely commodities for our benefit, they are the essence of what we are. They bring us together, inspire us and often force us to think about things differently. They challenge us to see the world through different lenses and to embrace new ideas. And when we support fair enumeration for artists and musicians, we are not simply advocating for their financial rights, we are investing in our culture, our communities and all around us. As it stands in Ireland, the legal framework governing copyright in sound recordings is primarily, as you know, based on the Copyright and Related Rights Act of 2000. This legislation provides a foundation for the rights of copyright owners, typically in most instances record labels, whilst also recognising the rights of performers, such as musicians and vocalists. However, the actual distribution of revenues generated from sound recordings often raises questions about fairness and equity. Performers who bring artistic works to life frequently find themselves in a precarious position. Although they may receive initial payment for their performances, the ongoing revenue generated from streams and sales tends to favour copyright owners, leading to significant disparities in income. This imbalance has sparked calls for reform, advocating for a more equitable system that recognises the contributions of both parties. To understand the situation in Ireland better, we need to draw comparisons with other countries that have grappled with similar issues. In particular, we can look at the approaches taken by countries like Sweden, France and the United States to address equitable remuneration. In Sweden, the concept of equitable remuneration has been embraced through a combination of collective bargaining and legislation. The Swedish Artists' Rights Alliance plays a pivotal role in advocating for performers' rights, ensuring that they receive a fair share of revenues from sound recordings. This model promotes transparency and accountability, allowing performers to negotiate better terms and conditions regarding their contributions. The success of Sweden's systems suggests that collective action can yield positive outcomes for performers, providing a potential roadmap for Ireland for us to consider. France presents a more robust legal framework for performers' rights encapsulated in the droit d'auteur or author's rights system. In 2016, France implemented laws that mandated a fair share of revenues for performers from streaming platforms and other digital distributions, thereby acknowledging their essential role in the creative process. This approach has not only benefited performers, but has also led to a more sustainable music ecosystem. Such legislative measures could serve as an inspiration for us here in Ireland, prompting a re-evaluation of our current copyright laws to ensure they adequately protect performers' rights. The United States, while being a global leader in music production and distribution, presents a different scenario regarding equitable remuneration. The US operates under a more fragmented system, with significant disparities between the rights of performers and those of copyright owners. The Music Modernisation Act, passed in 2018, aimed to address some of these issues by improving royalty distribution for songwriters. However, performers still face challenges in securing fair compensation, particularly in the context of streaming. This highlights the importance of ongoing advocacy and reform, a lesson that Ireland can learn from the US experience again. As we navigate these discussions, we cannot overlook the profound impact of technology and digital platforms on the music industry. The rise of streaming services such as Spotify, Apple Music or YouTube has fundamentally altered how music is consumed and monetised. And while these platforms provide unprecedented access to music for consumers, they also create new challenges for equitable enumeration. In Ireland, performers often find themselves at the mercy of algorithms and payout structures that prioritise volume over fairness. The fraction of a cent received per stream can make it nearly impossible for many artists to sustain a living solely from their recorded music. So this situation calls for a revaluation of how digital platforms compensate both performers and copyright owners. Advocacy for fair distribution models, transparency in royalties and direct licensing agreements could pave the way for a more sustainable music economy in Ireland. The journey towards equitable remuneration for performers in Ireland is not solely the responsibility of us as policymakers and indeed legal frameworks. It also requires the active engagement of artists, industry stakeholders and advocacy organisations. Groups such as the Musicians Union of Ireland and the Irish Equity have a crucial role to play in raising awareness about the challenges faced by performers and pushing for the necessary reforms. By fostering dialogue amongst performers, record labels and streaming services, we can work towards creating an ecosystem that values and compensates artistic contributions fairly. This collaborative effort will not only enhance the livelihoods of performers, but also enrich our cultural landscape, ensuring that diverse artistic voices continue to thrive. As we discuss the equitable remuneration, it is essential to reconsider the broader cultural implications. As I have already said, Ireland has a rich musical heritage steeped in tradition and innovation. Our artists, whether they be traditional musicians, and I look forward to welcoming tens of thousands of them to Wexford in the upcoming Flakyall and the Herring in August, they contribute significantly to our national identity and cultural expression. By fostering an environment where performers receive equitable remuneration, we not only support individual artists, but also preserve and promote our cultural legacy. Equitable remuneration can lead to increased investment in local talent and the creation of new artistic works. When performers are fairly compensated, they are empowered to invest in their craft, collaborate with others and to take creative risks, which is essential. This, in turn, can lead to a flourishing arts scene that benefits not only artists, but also audiences and economies both local and national. In our discussions on this bill today, it is clear that the introduction of legislation that guarantees a fair share of revenues for performers from digital platforms is vital. This could evolve creating a new system of equitable remuneration akin to those in France and Sweden. We must encourage the establishment and strengthening of collective bargaining agreements that empower performers and their representatives to negotiate fair terms with record labels and digital platforms. We absolutely must push for greater transparency in the distribution of royalties from streaming services, ensuring that performers receive clear and timely information about their earnings. It is also imperative that we invest in initiatives that support emerging artists and provide them with resources to navigate the challenges of the industry. This could include grants, funding opportunities or mentorship programs. Campaigns to educate the public about the importance of supporting artists and the impact of equitable remuneration on the cultural landscape would be a most welcome move. The quest for equitable remuneration for performers and copyright owners in sound recordings in Ireland is an issue that requires collaboration, it requires advocacy, it requires reform. By studying and learning from the experiences of other countries and engaging in meaningful dialogue among stakeholders, we can create a fairer and more sustainable music ecosystem. It must be remembered that music is not merely a product, it is an expression of us all, a reflection of our culture and a source of joy and connection. By ensuring that performers receive the compensation they deserve, we honour and value their contributions and safeguard the future of our vibrant artistic community. Thank you very much. Thank you.