CSC Media Group Ltd v Video Performance Ltd
The Tribunal erred in law by failing to properly consider relevant comparators, particularly the BSkyB licence, when setting the royalty rate, and by substituting the pro-rating formula without valid reasoning, warranting remittal for rehearing.
- Parties
- Respondent: CSC Media Group Limited; Appellant: Video Performance Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 10 August 2010
- Procedural Posture
- Appeal / Judgment on Appeal From Copyright Tribunal
- Outcome
- Appeal allowed; application remitted for rehearing before a differently constituted Tribunal.
- Legal Topics
- Copyright Licensing, Royalty Rate Determination, Pro Rating Formula, Comparability of Licences, Appeal on Point of Law
Case Brief
Summary, issues, holding and outcome
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Parties
CSC Media Group Limited
Respondent
Video Performance Limited
Appellant
Procedural Posture
Appeal / Judgment on Appeal From Copyright Tribunal
Legal Issues
- 1 Whether the Copyright Tribunal erred in determining the royalty rate for licensing music video repertoire
- 2 Whether the Tribunal erred in substituting the pro-rating formula
Ratio Decidendi
The Tribunal erred in law by failing to properly consider relevant comparators, particularly the BSkyB licence, when setting the royalty rate, and by substituting the pro-rating formula without valid reasoning, warranting remittal for rehearing.
Court Disposition
Appeal allowed; application remitted for rehearing before a differently constituted Tribunal.
Orders
- Application remitted to Copyright Tribunal for rehearing
- Counsel to be heard on consequential orders or directions
Full Case Text
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