The mention in sections 129 to 134 of specific matters to which the Copyright Tribunal is to have regard in certain classes of case does not affect the Tribunal’s general obligation in any case to have regard to all relevant considerations.
Cases considering section 135 6
CSC Media Group Ltd v Video Performance Ltd
Interprets: the specific comparables duty does not displace the Tribunal’s general obligation to consider all relevant matters. This supported a flexible methodology (see paras [11], [74], [81]).
Phonographic Performance Limited v Candy Rock Recording Limited
Section 135 imposed a general obligation to consider all relevant considerations. The Court held that the site-licence difference could be relevant, although section 129 itself did not expand the range of relevant considerations. (see paras [13]; [21]; [29])
British Broadcasting Corporation & Anor v Mechanical-Copyright Protection Society Ltd & Ors
Applies the duty to have regard to all relevant considerations. That duty did not enlarge the Tribunal’s subject-matter jurisdiction, although commercially linked terms could be considered where the licence was otherwise within jurisdiction. (see paras [97]-[115])
- CSC Media Group Ltd v Video Performance Ltd
- Phonographic Performance Ltd v British Hospitality Association & Ors
- Phonographic Performance Ltd & Anor, Re Appeal of a Copyright Tribunal Decision
What each judgment says about section 135 is in the case-law panel in the full Act.