Sir, - It is the function of the Irish Music Rights Organisation (IMRO) to administer the performing right in the music of its members and the members of those organisations affiliated to it. IMRO has no function in declaring or determining whether a musical work is copyright or not. Copyright, like any other property right, is protected by the provisions of the Constitution.
In the event of a dispute between two parties as to the ownership of the copyright in a work, it is a matter for those parties to resolve such a dispute. Provided that IMRO has been notified of the existence of such a dispute, any royalties credited in respect of the use of such disputed work will be held is suspense until the matter is finalised.
All members of IMRO, on joining the organisation, covenant that they have good right and full power to assign the copyrights to IMRO and warrant that the works they assign do not infringe the copyright in any other work. Consequently it only claims jurisdiction over the works notified to it on the terms mentioned above.
Under international copyright law (the Berne Convention 1886) there is no legal difference between a fully original composition and an arrangement. Article 2, paragraph 3, of that convention, dealing with derivative works states ... Translations, adaptations. arrangements at music and other alterations of a literary or artistic work shall be protected as original work without prejudice to the copyright in the original work." - Yours, etc.,
For Irish Music Rights Organisation Ltd.
Director of Services, Pembroke Row, Lower Baggot Street, Dublin 2.