19/06/15 London, UK: The High Court today ruled against the UK Government in a Judicial Review case brought by the British Academy of Songwriters, Composers and Authors (BASCA), the Musicians’ Union (MU) and UK Music. These three bodies challenged Government’s decision to introduce a private copying exception into UK copyright law, arguing that it was unlawful because it failed to provide fair compensation to rightholders.
BASCA, MU and UK Music had welcomed a change to UK law which enabled consumers to copy their legally-acquired music for personal and private use. However, ahead of the introduction of the private copying exception, they consistently alerted Government to the fact that in such circumstances significant harm is caused to rightholders and European law requires fair compensation to be paid. The High Court agreed with the music industry and found that Government’s decision not to provide fair compensation was based on wholly inadequate evidence – and that Government’s decision was therefore unlawful.
The High Court’s ruling means that Government will now have to reconsider its position. BASCA, MU and UK Music remain open to meaningful talks to resolve this issue.
Commenting on the outcome of the case, Jo Dipple, CEO UK Music said:
“The High Court agreed with us that Government acted unlawfully. It is vitally important that fairness for songwriters, composers and performers is written into the law. My members’ music defines this country. It is only right that Government gives us the standard of legislation our music deserves. We want to work with Government so this can be achieved.”
“The British music industry is worth £3.8bn GVA and generates £3.1bn in tourist spend. Changes to copyright law that affect such a vital part of the creative economy, which supports one in twelve jobs, must only be introduced if there is a robust evidential basis for doing so.”
Click to read a summary here
NOTES AND BACKGROUND
The UK Government introduced measures in October 2014 to change the law to enable people to copy copyright material they have lawfully acquired for their own private and personal use, under the ‘Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014’.
The EU Copyright Directive permits Member States such as the UK to introduce such exceptions into domestic law, but on the condition that rightholders receive fair compensation where more than minimal harm is suffered.
Click to read the full judgement here