High Court rules in PRS for Music’s favour over ITV licensing appeal
Original article from: http://www.m-magazine.co.uk/news/high-court-rules-prs-musics-favour-itv-licensing-appeal/
The High Court has rejected ITV’s appeal of the Copyright Tribunal’s decision that the broadcaster must increase its licensing payments to PRS for Music.
ITV launched the appeal last summer after the Copyright Tribunal found in favour of PRS for Music in its dispute with the broadcaster over the terms of their blanket licence agreement.
However the High Court has upheld the Tribunal’s initial ruling, saying it ‘had not made an error of law in reaching its decision’.
The decision ends a long-running dispute between the collecting society and the commercial broadcaster, which began in 2014 when negotiations broke down over the terms of the licence covering 2014 to 2017.
ITV had wanted its payment capped at the 2013 rate of £23.5m per year, but PRS for Music successfully argued for an increase.
The Tribunal agreed, setting the new base royalty for 2014 at just over £24.07m, plus a figure to be determined by the change in ITV’s viewing figures and Retail Price Index figures. It also approved a formula for increases in subsequent years.
Paul Clements, commercial director at PRS for Music, said of the High Court’s decision: ‘In June 2016, the Copyright Tribunal decided a dispute over the terms of ITV’s broadcast licence in PRS for Music’s favour.
‘The Tribunal decision set down clear and compelling reasons for an increase in the licence fee, reflecting the right value for our members’ music. While ITV chose to appeal this decision, I am pleased that the High Court has now rejected their arguments and upheld the original Tribunal decision. This result is very real evidence of our commitment to secure the right value for our members’ work.’
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