UK: CSC Media Group Ltd v. Video Performance Ltd, Court of Appeal Civil Division, 27 May 2011.
Collective management: The Court of Appeal reversed the High Court’s judgement and reinstated the decision of the Copyright Tribunal in respect of the royalty rate payable by CSC Media Group to Video Performance Limited (VPL) for the use of music videos on its music television channels. The Copyright Tribunal issued a decision and order, that royalty payable by CSC to VPL should be 12.5% of CSC’s gross revenue. The High Court, to which the matter was referred by VPL, ruled that the Copyright Tribunal erred in determining the royalty and remitted the case to a differently constituted tribunal for reconsideration. The Court of Appeal, allowing the appeal of CSC, decided that the High Court took an “unrealistic and unjustified view of the Tribunal’s reasoning”, and that the arguments relied upon by VPL did not disclose an error of law which undermined the validity of the Tribunal’s decision. (Stavroula Karapapa & Maurizio Borghi, Brunel University).
For the full text of this case click here.
A summary of this case will be posted on www.KluwerIPCases.com soon.
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