Judgement – Private Copying Exception Judicial Review

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In July 2015 the UK music industry successfully challenged the Government’s decision the previous year, to introduce a private copying exception into UK copyright law without providing for fair compensation to rightholders. The analysis and evidence before the High Court included an expert report commissioned by UK Music that was co-authored by Andrew Wynn (a Managing Director in our Economics and Finance practice) and Alejandro Requejo from our wholly-owned subsidiary Compass Lexecon. We provided expert evidence in two key areas:

  • Reviewing the Government’s impact assessment and considering the analysis that the Government relied on to conclude that the harm to rightholders resulting from the exception would be minimal; and
  • Conducting a survey to estimate how much consumers are prepared to pay for private copies and to measure the harm that private copying – as legitimised by the exception – causes to rightholders.

This is one of a number of recent engagements that we have conducted on public policy issues related to intellectual property.