UK music industry wins judicial review

The British Academy of Songwriters, Composers and Authors (BASCA), the Musicians’ Union (MU) and UK Music have succeeded in their substantive judicial review against the Government over its recent changes to copyright laws, The Lawyer reported.

In a ruling in the High Court on June 19, 2015, Justice Green ruled against the Secretary of State for Business, Innovation and Skills in a row over its recent decision to scrap laws that make it technically illegal for music fans to download a legally-purchased CD onto a portable device.

The new legislation came into force on October 1, 2014. The UK music industry instructed the law firm Olswang to seek the judicial review in November 2014.

The music industry bodies argue the UK legislation is out of step with the European Union law, which requires ‘fair’ compensation for rights holders. The Government has in the past rejected proposals by record companies and musicians to levy a tax or licence on customers copying music between devices to cover lost sales as a result of the change to copyright law.

Olswang partner Dan Tench instructed Blackstone Chambers’ Ian Mill QC, Tom de la Mare QC and Tom Cleaver for the case. Blackstone’s Pushpinder Saini QC and Brick Court’s Nicholas Saunders and Sarah Ford were instructed by the Treasury Solicitor.

Intervener the Incorporated Society of Musicians instructed Blackstone’s Brian Kennelly and Tom Richards.

Commenting on the judgment, chief executive of UK Music Jo Dipple said, “The High Court agreed with us that the Government acted unlawfully. It is vitally important that fairness for songwriters, composers and performers is written into the law. 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.”