British Academy of Songwriters, Composers & Authors v BIS, High Court
For many years, music-lovers who legitimately bought music (or other entertainment) and made another copy on another format (such as CD to MP3) for their own personal use was deemed to be making an unlawful copy and infringing the owner’s copyright, due to the state of copyright law. People were not prosecuted or sued for these infringements. After a consultation, the Government decided to bring in a law that clarified that as long as this was for personal use this would be legal.
Following that change, UK copyright owning bodies – The British Academy of Songwriters, Composers and Authors, the Musicians’ Union and UK Music – claimed that the Government’s implementation of the new law was an infringement of their rights under European Union law. The High Court has now agreed. Under EU law, countries that allow private copying as an exception to copyright laws must ensure that rights holders receive fair compensation. This is often done by a levy, such as an additional charge made on blank CDs. The UK did not introduce any such measure along with the private copying exception. Its failure to consider this meant that the exception is currently unlawful, and therefore people making personal copies would once again be technically in breach of the law.
It remains to be seen whether the UK Government will keep with the old position of technical breaches that the entertainment industry ignores, or whether it will ensure that the defence complies with EU law in how it ensures fair compensation. The Government has expressed its disappointment with the decision and it said it is considering its options.
