High Court overturns copyright exceptions

The High Court has overturned a government ruling to allow the copying of films and music for private use legal after a challenge from BASCA, the Musicians’ Union and UK Music.

Jim Ottewill
  • By Jim Ottewill
  • 20 Jul 2015
  • min read
The High Court has overturned a government ruling to allow the copying of films and music for private use after a challenge from BASCA, the Musicians’ Union and UK Music.

The Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014 was introduced in October 2014.

BASCA, the Musicians’ Union and UK Music, backed by PRS for Music and PPL, applied for judicial review in November 2014.

They alerted the government to the fact that ‘significant harm’ would be caused to rightsholders and European law requires fair compensation to be paid.

Jo Dipple, CEO UK Music, welcomed the ruling: ‘The High Court agreed with us that government acted unlawfully when it introduced an exception to copyright for private copying without fair compensation. We therefore welcome the court’s decision today to quash the existing regulations.

‘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.’

John Smith, MU general secretary, added: ‘The MU has said from the word go that we welcomed the idea of a private copying exception, but that any such exception would have to include fair compensation for performers.’

‘I’m extremely pleased that the court has agreed with us that the government didn’t produce adequate evidence to prove that compensation had already been factored in.’