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Record Moguls Take Landmark Copyright Case Against Clubs
FOURTEEN of the world's leading record companies will take on nine Irish nightclubs in the High Court this week in a landmark multi million euro copyright case that could have massive implications for the popular music industry.
The music of some of the top names in pop - including U2, Madonna, Queen and Michael Jackson - will feature in the case in which prominent figures such as U2 manager Paul McGuinness, Bryan Ferry and members of Status Quo may be called as witnesses.
The multi billion euro industry could be thrown into turmoil by the case over the alleged non-payment of royalties by leading Irish nightclubs. The outcome of the case will be watched closely by record moguls everywhere as it could call into question whether they own the music they sell on record.
The action is being taken by Phonographic Performance Irl Ltd (PPI), which is owned by the record companies and represents their interests here.
The record companies will have to prove copyright ownership with regard to 55 songs - a sample list which is expected to be tested by the court. EMI, Sony, Virgin, Warner and Polygram are just some of the international names involved in the case.
At the heart of the action is the key issue of whether the record companies can prove they own copyright to the music of artists such as U2, Jackson, the Eurythmics, Whitney Houston, Status Quo, Brian Ferry and George Michael.
It is understood McGuinness could be one of the first witnesses to be called, as four U2 songs feature on the Polygram list - including Mysterious Ways and One.
They may have to call witnesses in connection with each of the 55 songs - anyone from the artist or manager to people who wrote the contracts or sound engineers who were present when the music was recorded. Depending on the paperwork involved in the case, anything from 150 to 200 witnesses may have to be called.
The case is listed for hearing for up to three months beginning tomorrow and could turn out to be one of the most expensive cases ever dealt with here.
The nightclubs/hotels involved in the action include prominent Dublin venues such as Regine's Hotel, the Charlotte Inn and Club Sarah, as well as the Golden Grill in Letterkenny and The Imperial Hotel, Dundalk.
Top names in the nightclub/entertainment business such as John Reynolds, Peter Quinn, Philip Mahon, Bernard McGlinchey and Jim Reynolds of Longford are named in the action.
The PPI collects royalties here on behalf of the record companies and is claiming back-payment for 11 years between 1989 and 2000.
The action is being taken under the 1963 Copyright Act - since updated by legislation in 2000.
It is understood there has never been a case similar to this before, where major record firms will have to prove they own their music.
The four U2 numbers among the sample list to be tested by the High Court are: "One," "Mysterious Ways," "Even Better than the Real Thing" and "Who is Going to Ride your Wild Horses" [sic].
Gene McKenna
--Irish Independent
FOURTEEN of the world's leading record companies will take on nine Irish nightclubs in the High Court this week in a landmark multi million euro copyright case that could have massive implications for the popular music industry.
The music of some of the top names in pop - including U2, Madonna, Queen and Michael Jackson - will feature in the case in which prominent figures such as U2 manager Paul McGuinness, Bryan Ferry and members of Status Quo may be called as witnesses.
The multi billion euro industry could be thrown into turmoil by the case over the alleged non-payment of royalties by leading Irish nightclubs. The outcome of the case will be watched closely by record moguls everywhere as it could call into question whether they own the music they sell on record.
The action is being taken by Phonographic Performance Irl Ltd (PPI), which is owned by the record companies and represents their interests here.
The record companies will have to prove copyright ownership with regard to 55 songs - a sample list which is expected to be tested by the court. EMI, Sony, Virgin, Warner and Polygram are just some of the international names involved in the case.
At the heart of the action is the key issue of whether the record companies can prove they own copyright to the music of artists such as U2, Jackson, the Eurythmics, Whitney Houston, Status Quo, Brian Ferry and George Michael.
It is understood McGuinness could be one of the first witnesses to be called, as four U2 songs feature on the Polygram list - including Mysterious Ways and One.
They may have to call witnesses in connection with each of the 55 songs - anyone from the artist or manager to people who wrote the contracts or sound engineers who were present when the music was recorded. Depending on the paperwork involved in the case, anything from 150 to 200 witnesses may have to be called.
The case is listed for hearing for up to three months beginning tomorrow and could turn out to be one of the most expensive cases ever dealt with here.
The nightclubs/hotels involved in the action include prominent Dublin venues such as Regine's Hotel, the Charlotte Inn and Club Sarah, as well as the Golden Grill in Letterkenny and The Imperial Hotel, Dundalk.
Top names in the nightclub/entertainment business such as John Reynolds, Peter Quinn, Philip Mahon, Bernard McGlinchey and Jim Reynolds of Longford are named in the action.
The PPI collects royalties here on behalf of the record companies and is claiming back-payment for 11 years between 1989 and 2000.
The action is being taken under the 1963 Copyright Act - since updated by legislation in 2000.
It is understood there has never been a case similar to this before, where major record firms will have to prove they own their music.
The four U2 numbers among the sample list to be tested by the High Court are: "One," "Mysterious Ways," "Even Better than the Real Thing" and "Who is Going to Ride your Wild Horses" [sic].
Gene McKenna
--Irish Independent
