High Court sides with music industry on copying levy

July 2015

Recorded music, music publishing



In London the High Court has ruled against the UK Government in a Judicial Review brought by the British Academy of Songwriters, Composers and Authors (BASCA), the Musicians’ Union (MU) and UK Music.  These three bodies challenged the 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.  UK Music’s press release goes on to say “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.”  Commenting on the outcome of the case, Jo Dipple, CEO UK Music emphasised the value of the music industry to the British economy and 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.”


BASCA v Secretary of State for Innovation and Skills [2015] EWHC 1723 (Admin) https://www.judiciary.gov.uk/judgments/basca-others-v-secretary-of-state-for-business-innovation-skills/

No Comments

Comments are closed.