[x-pubpol] UK: copyright- music industry seeks review of law allowing fans to copy music

[Joly MacFie]

http://www.lexology.com/library/detail.aspx?g=ca3031b2-6a4c-4bc0-bb6a-7ac201278f93

UK: copyright- music industry seeks review of law allowing fans to copy
music

   - DLA Piper LLP <http://www.lexology.com/contributors/1634/>
   - Danielle Sharkey
   <http://www.lexology.com/1634/author/Danielle_Sharkey/> and Sam Churney
   <http://www.lexology.com/1634/author/Sam_Churney/>
   - United Kingdom
   - December 3 2014
   - [image: DLA Piper LLP logo] <http://www.dlapiper.com/>

The UK Government is facing a Judicial Review challenge over a failure to
include compensation provisions in the recently introduced private copying
exception to Copyright.

The Musicians Union (MU), British Academy of Songwriters, Composers and
Authors (BASCA) and industry body UK Music have launched an application for
Judicial Review of the UK Government’s introduction of a private copying
exception. The provision was enacted to allow consumers to make copies of
music they legitimately purchase. This exception was brought into force by
the new copyright legislation on 1 October this year, but does not provide
for fair compensation for songwriters, musicians and other rights holders
within the creative sector.

Although MU, BASCA and UK Music support the purpose of the private copying
exception legislation, they have criticised the fact that it fails to
include provisions which would provide musicians, composers and rights
holders with fair compensation to account for loss of sales. The decision
of the UK Government to omit this provision is in stark contrast to the
position adopted by other European countries which have introduced the
copying exception.

It will be argued that the absence of a compensatory mechanism is contrary
to Article 5 (2) (b) of the Copyright Directive which includes a
requirement that where a Member State provides for such a copyright
exception, it must also provide fair compensation for rights holders. The
UK Music press release states that “it is the compensatory element of a
private copying exception that lies at the heart of EU law and underpins
common respect for the songwriters, composers and musicians whose work is
copied.”

The Judicial Review process will involve the UK High Court examining the UK
Government’s decision on the exception to check that it was made in a
lawful manner. The industry bodies hope that the challenge will result in
the legislation being amended.

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