skip to main content

UK music industry wins High Court copyright case against Government

The High Court today ruled against the UK Government in a Judicial Review case brought by the Musicians’ Union (MU), the British Academy of Songwriters, Composers and Authors (BASCA) and UK Music.

Published: 19 June 2015 | 12:00 AM Updated: 28 April 2021 | 4:28 PM
Graphic Equaliser with red and green lights

The High Court today ruled against the UK Government in a Judicial Review case brought by the Musicians’ Union (MU), the British Academy of Songwriters, Composers and Authors (BASCA) and UK Music.  These three bodies challenged Government’s decision to introduce a private copying exception into UK copyright law, arguing that it was unlawful because it failed to provide fair compensation to rightholders. 

BASCA, MU and UK Music had welcomed a change to UK law which enabled consumers to copy their legally-acquired music for personal and private use.  However, ahead of the introduction of the private copying exception, they consistently alerted Government to the fact that in such circumstances significant harm is caused to rightholders and European law requires fair compensation to be paid.  The High Court agreed with the music industry and found that Government’s decision not to provide fair compensation was based on wholly inadequate evidence – and that Government’s decision was therefore unlawful. 

The High Court’s ruling means that Government will now have to reconsider its position.  BASCA, MU and UK Music remain open to meaningful talks to resolve this issue.

Commenting on the outcome of the case, John Smith MU General Secretary said:

“I am delighted that The High Court has today agreed with us that Government acted unlawfully. The MU has been leading calls for fair compensation to accompany any private copying exception for years now, and today marks a significant step in the right direction.

“It’s a sobering thought that despite the fact that the British music industry is worth £3.8bn GVA and despite the outstanding international reputation for British musicians, more than half of MU members still earn less than £20,000 a year from their profession. We have one of the best music industries in the world. The Government should be making it easier to survive as a musician – not harder. The private copying exception that they had introduced without fair compensation put UK performers at a significant disadvantage, and I’m proud that the MU was part of the team that successfully challenged it.” 

NOTES AND BACKGROUND

The UK Government introduced measures in October 2014 to change the law to enable people to copy copyright material they have lawfully acquired for their own private and personal use, under the ‘Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014’.  

The EU Copyright Directive permits Member States such as the UK to introduce such exceptions into domestic law, but on the condition that rightholders receive fair compensation where more than minimal harm is suffered. 

Get MU membership today

From gig players to part-time teachers and professional instrumentalists, MU members can access specialist insurance for musicians. This includes Public Liability, Instrument and Equipment Insurance, Accident Insurance, Tax Investigation Insurance, and Professional Indemnity Insurance for music teachers.

Explore our member services

  • Get public liability insurance for musicians
  • Access expert legal support
  • Be represented in your profession
  • Access expert career advice, resources, and training events
  • Connect, network, and get to know the community of musicians

Learn about all membership benefits

Get MU membership today

Continue reading

Naomi sat on stage with Allistair Elliott (Canada) and Juho Viljanen (Finland) during the panel event.

MU General Secretary Opens FIM International Freelance Conference 2026

MU General Secretary Naomi Pohl opened the FIM International Freelance Conference in Brighton, hosted by the Musicians' Union, welcoming delegates from around the world and highlighting the opportunities and challenges facing freelance musicians today.

Published: 22 October 2026

Read more about MU General Secretary Opens FIM International Freelance Conference 2026
Person playing acoustic guitar next to a small baby who is smiling.

MU Extends Parental Grant Application Period to 12 Months

The MU Executive Committee has agreed to extend the application period for the parental grant from six months to 12 months following the birth or adoption of a child, making it easier for members to access support when they need it.

Published: 22 October 2026

Read more about MU Extends Parental Grant Application Period to 12 Months
Illustration of a yellow lightbulb with a green leaf inside representing ideas, against a turquoise grey background.

Writing for Change: How Songs Can Inspire Climate Action

Can music help tackle the climate crisis? Chris Hutchings, composer and MU Climate Emergency Action Group member, explores how songs can inspire action, build community and help people realise they're part of a much wider movement for change.

Published: 19 October 2026

Read more about Writing for Change: How Songs Can Inspire Climate Action
Close up of person holding a pen and paper over a keyboard.

Have Your Say on Streaming: DCMS Launches Survey for Songwriters

If you have attended a songwriting session for a major label since September 2025, the DCMS wants to hear from you. Your feedback will help evaluate measures introduced following the UK streaming inquiry and strengthen the case for fair pay for music creators.

Published: 15 October 2026

Read more about Have Your Say on Streaming: DCMS Launches Survey for Songwriters