CSC Media Group Ltd v Video Performance Ltd [2010] EWHC 2094 (Ch) (10 August 2010)

CSC Media Group Ltd v Video Performance Ltd [2010] EWHC 2094 (Ch) (10 August 2010)

The Tribunal erred in law by failing to properly consider relevant comparators, particularly the BSkyB licence, before setting a 'diminished window' for the royalty rate, and by departing from the parties' agreed pro-rating formula without rational justification. The matter must be remitted for rehearing before a differently constituted Tribunal.

Citation
[2010] EWHC 2094 (Ch)
Parties
Applicant/respondent: CSC Media Group Limited; Licensing Body/appellant: Video Performance Limited
Jurisdiction
England and Wales
Judgment Date
10 August 2010
Procedural Posture
Appeal From Copyright Tribunal / Judgment on Appeal
Outcome
Appeal allowed; matter remitted for rehearing before a differently constituted Tribunal.
Legal Topics
Copyright Licensing, Royalty Rate Determination, Pro Rating Formula, Comparative Licensing Analysis, Tribunal Procedure
Intellectual Property Copyright Law Copyright Licensing Royalty Rate Determination Pro Rating Formula Comparative Licensing Analysis Tribunal Procedure

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Parties

CSC Media Group Limited

Applicant/respondent

Video Performance Limited

Licensing Body/appellant

Procedural Posture

Appeal From Copyright Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Copyright Tribunal erred in determining the royalty rate for licensing music video repertoire to CSC Media Group Limited
  2. 2 Whether the Tribunal erred in altering the pro-rating formula for royalty calculation

Ratio Decidendi

The Tribunal erred in law by failing to properly consider relevant comparators, particularly the BSkyB licence, before setting a 'diminished window' for the royalty rate, and by departing from the parties' agreed pro-rating formula without rational justification. The matter must be remitted for rehearing before a differently constituted Tribunal.

Court Disposition

Appeal allowed; matter remitted for rehearing before a differently constituted Tribunal.

Orders

  • Application remitted to the Copyright Tribunal for rehearing.
  • Consequential orders or directions to be determined after hearing counsel.