Phonographic Performance Ltd & Anor, Re Appeal of a Copyright Tribunal Decision

Phonographic Performance Ltd & Anor, Re Appeal of a Copyright Tribunal Decision

The Tribunal's jurisdiction under section 128B is not limited to licensing schemes for broadcast sound recordings only but extends to delivery system neutral schemes as a whole. The statutory language and structure support a unitary approach to licensing schemes, and the Tribunal must consider the reasonableness of...

Source-derived case information.

Parties
Appellant: Phonographic Performance Limited; Appellant: British Hospitality Association and Other Interested Parties (including British Beer and Pub Association and Eversheds Consortium)
Jurisdiction
England and Wales
Judgment Date
21 November 2008
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Licensing Schemes, Copyright Tribunal Jurisdiction, Public Performance Rights, Statutory Interpretation
Intellectual Property Copyright Law Licensing Schemes Copyright Tribunal Jurisdiction Public Performance Rights Statutory Interpretation

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Parties

Phonographic Performance Limited

Appellant

British Hospitality Association and Other Interested Parties (including British Beer and Pub Association and Eversheds Consortium)

Appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Copyright Tribunal's jurisdiction under sections 128A and 128B of the Copyright, Designs and Patents Act 1988 is limited to licensing schemes for broadcast sound recordings only or extends to delivery system neutral schemes covering all forms of public performance of sound recordings.
  2. 2 Whether the Tribunal can consider the reasonableness of delivery system neutral licensing schemes as a whole under section 128B.

Ratio Decidendi

The Tribunal's jurisdiction under section 128B is not limited to licensing schemes for broadcast sound recordings only but extends to delivery system neutral schemes as a whole. The statutory language and structure support a unitary approach to licensing schemes, and the Tribunal must consider the reasonableness of the entire scheme in one set of proceedings. The Tribunal erred in limiting its jurisdiction to broadcast-only schemes.

Court Disposition

appeal allowed in part

Orders

  • The decision of the Copyright Tribunal is set aside.
  • The references are remitted to a freshly constituted Tribunal for further consideration and directions in light of this judgment.