British Academy of Songwriters, Composers and Authors and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: Admn 19 Jun 2015

The claimants, representatives of musicians complained of the scheme in section 28B of the 1988 Act: ‘creating an exception to copyright based upon personal private use. Henceforward, any person who legitimately acquires content (music, film, books) can copy that work for his or her own private use without infringing copyright. It can be copied onto other formats or stored in the cloud provided it is for private, non-commercial use.’ They said that the exception was made without compensation and deprived them of their rights without aproper basis. The Court was asked: ‘ Would the introduction of a limited private use exception cause no more than minimal or zero harm?’
Held: The choice made as to implementation was an exercise of discretion by the respondent.


Green J


[2015] EWHC 1723 (Admin), [2015] WLR(D) 268


Bailii, WLRD


Copyright Designs & Patents Act 1988 28B, Directive 2001/29


England and Wales

Intellectual Property, European

Updated: 02 April 2022; Ref: scu.549256