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Author's rights - Distribution - Exception from copyright for limited private use introduced into relevant legislation - Whether decision unlawful - Copyright, Designs and Patents Act 1988, s 28B (as inserted by Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014 (SI 2014/2361), reg 3(1) Regina (British Academy of Songwriters, Composers and Authors and others) v Secretary of State for Business, Innovation and Skills (The Incorporated Society of Musicians intervening) [2015] EWHC 1723 (Admin); [2015] WLR (D) 268

2 July 2015

QBD: Green J

• 19 June 2015

The decision to introduce section 28B into the Copyright, Designs and Patents Act 1988 in the absence of a compensation mechanism was unlawful.

Green J so held when allowing a claim for judicial review by the claimants, the British Academy of Songwriters, Composers and Authors, the Musicians' Union and UK Music 2009 Ltd, in respect of the lawfulness of the decision of the Secretary of State to introduce section 28B into the Copyright, Designs and Patents Act 1988 which had the effect of creating an exception to copyright based on personal private use.

GREEN J said that there was a discretion under Parliament and Council Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society...

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