Phonographic Performance Ltd v British Hospitality Association & Ors [2009] EWHC 209 (Ch) (12 February 2010)

Phonographic Performance Ltd v British Hospitality Association & Ors [2009] EWHC 209 (Ch) (12 February 2010)

The Tribunal did not err in law in preferring the Previous Tariffs as the main comparator, nor in its approach to reasonableness or its process. The Tribunal's decision to vary the New Tariffs by reinstating the Previous Tariffs with a 10% increase plus RPI adjustment and a concessionary discount for small users was within its statutory discretion and supported by evidence. No legal error was shown in the Tribunal's reasoning or application of statutory principles.

Citation
[2009] EWHC 209 (Ch)
Parties
Appellant: Phonographic Performance Limited; Respondents: The British Hospitality Association and Other Interested Parties
Jurisdiction
England and Wales
Judgment Date
12 February 2010
Procedural Posture
Appeal From Copyright Tribunal Decision / High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Collective Licensing, Copyright Tariffs, Public Performance Rights, Tribunal Procedure, Statutory Interpretation
Intellectual Property Law Copyright Law Collective Licensing Copyright Tariffs Public Performance Rights Tribunal Procedure Statutory Interpretation

Case Brief

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Parties

Phonographic Performance Limited

Appellant

The British Hospitality Association and Other Interested Parties

Respondents

Procedural Posture

Appeal From Copyright Tribunal Decision / High Court Judgment

Legal Issues

  1. 1 Whether the Copyright Tribunal erred in law in varying PPL's New Tariffs for public performance of sound recordings
  2. 2 Whether the Previous Tariffs or PRS Tariffs are the appropriate comparator for reasonableness
  3. 3 Whether the Tribunal's process and reasoning met statutory requirements

Ratio Decidendi

The Tribunal did not err in law in preferring the Previous Tariffs as the main comparator, nor in its approach to reasonableness or its process. The Tribunal's decision to vary the New Tariffs by reinstating the Previous Tariffs with a 10% increase plus RPI adjustment and a concessionary discount for small users was within its statutory discretion and supported by evidence. No legal error was shown in the Tribunal's reasoning or application of statutory principles.

Court Disposition

Appeal dismissed

Orders

  • The Tribunal's order varying the New Tariffs is upheld
  • No order as to costs specified in the judgment