British Academy of Songwriters, Composers and Authors and Others v Secretary of State for Business, Innovation and Skills The Incorporated Society of Musicians (Intervener)
| Jurisdiction | England & Wales |
| Judge | Mr Justice Green |
| Judgment Date | 19 June 2015 |
| Neutral Citation | [2015] EWHC 1723 (Admin) |
| Court | Queen's Bench Division (Administrative Court) |
| Docket Number | CO/5444/2014 |
| Date | 19 June 2015 |
[2015] EWHC 1723 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2A 2LL
Mr Justice Green
CO/5444/2014
The Queen on the Application of
Mr I Mill QC, Mr T de la Mare QC and Mr T Cleaver (instructed by Olswangs) appeared on behalf of the Claimants
Mr P Saini QC, Mr N Saunders and Ms S Ford (instructed by Treasury Solicitor) appeared on behalf of the Defendant
Mr B Kennelly and Mr T Richards (instructed by The Incorporated Society of Musicians) appeared on behalf of the Intervener
There was no attendance at the hand down of the judgment
For the record, I make just a few very brief observations about the judgment but these observations do not, of course, form part of the judgment.
The judgment being handed down today concerns a judicial review brought by representative bodies and associations in the music industry against the decision of the Secretary of State for Business Innovation and Skills to introduce a new exception to copyright for personal private use.
The new exception is found in section 28B of the Copyright, Designs and Patents Act 1998 and the effect is to make certain acts of personal private use copy legal, whereas hitherto they were violations of copyright. Under the relevant EU Directive which governs copyright, Member States could introduce exceptions of this type provided that they also introduced compensation schemes for the affected copyright holders. There was a limited exception to this were the harm was de minimis.
In the United Kingdom, the Government consulted and concluded that there would be minimal or zero harm if a new exception was introduced.
The music industry has challenged this conclusion and advanced a wide-ranging challenge to the process of consultation and to the legal principles relied upon by the Secretary of State. A challenge was also pursued on the basis of...
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