VPL lose Copyright Tribunal Appeal

July 2011


Video Performance Limited, the audio-visual arm of collection society PPL (Phonographic Performance Limited) have lost a major case in the Court of Appeal against a decision of the Copyright Tribunal that said that that the correct royalty rate payable by TV channel operator CSC should be somewhere in the region of 10% to 15% rather than the higher rate set in an earlier licence between VPL and BSkyB  of 20%. On appeal to the High Court Mr Justice Floyd had supported VPL’s arguments and had ordered that the matter be re-submitted to a differently constituted Tribunal. CSC’s submitting that Floyd J had (i) failed to attribute to the Tribunal awareness, in fixing the reduced window, of its subsequent discussion of comparables and (ii) failed to appreciate that the Tribunal’s treatment of the relevance and weight of those comparables was coloured by its earlier discussion of the law and of the music video market and the Court of Appeal allowed CSC’s appeal.

CSC Media Group Ltd (formerly Chart Show Channels Ltd) v Video Performance Ltd [2011] EWCA Civ 650, 27 May 2011

For more see Jeremy Philips on the 1709 Blog http://the1709blog.blogspot.com/2011/06/when-appeal-loses-its-appeal-csc-turn.html

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