News Courts

Sunday 21 September 2014

Radio Nova 'billed for almost €47,000 for alleged non-payment of music royalties, court told

By Ray Managh

Published 29/07/2014 | 15:06

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Radio Nova has been billed for almost €47,000 for alleged non-payment of music royalties, the Circuit Civil Court was told today.

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The radio station, which broadcasts from Castleforbes House, Castleforbes Road, Dublin, was sued by the Irish Music Rights Organisation  (IMRO) which protects copyright of songs and music for home-based and international singers, composers and musicians.

The court had been told by Simon Peare, credit control manager of IMRO, that he had conducted a check of songs and music being played by Radio Nova on a specific date and listed numbers by various performers including Bruce Springsteen.

He stated in an affidavit that he had billed the station for €38,575 but no payment had been received. He had proceeded to cancel Radio Nova’s copyright music licence on June 10 last and outstanding royalties now stood at €46,877.82c.

Mr Peare claimed that Radio Nova continued to broadcast music within IMRO’s copyrighted repertoire in breach of the Copyright Act.

Kevin Barry, a solicitor representing Classic Rock Broadcasting Limited, which trades as Radio Nova, asked Judge Jacqueline Linnane for time to file an affidavit replying to IMRO’s claims.

Mr Barry said he had just been recently instructed on behalf of Radio Nova and he believed IMRO’s claim for €46,877.82c had been based on revenue returns.

He said it was the broadcasting station’s case that the royalties had been inaccurately calculated.  The station was more worried about an injunction being sought by IMRO to restrain the playing of all copyright music and songs.

Barrister Una Cassidy, counsel for IMRO, said the Organisation had no objection to a new return date as it was the first time for the proceedings to be listed before the court.

Judge Linnane said she would adjourn IMRO’s application for judgment and restraining injunction until November 4 and directed that the radio station’s replying affidavit be served on IMRO and lodged in court by October 14.

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