Judicial Review of the Copyright Exceptions: British Academy of Songwriters, Composers and Authors and Others v Secretary of State for Business Innovation and Skills
Jane Lambert On 16 July 2015 my heads of chambers, Tim Straker QC and Robert Griffiths QC together with my colleagues, Richard Clayton QC , Charles Morgan , Christopher Forsyth and Lee Parkhill presented our chambers annual judicial review conference . By all accounts it was a great success. Ending rhe Personal Copy for Private Use Exception "But what has that to do with intellectual property?" I hear you say. More than you might suppose for on the day after the conference Mr Justice Green quashed The Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014 SI 2014 No. 2361 which had inserted a new s.28B into The Copyright Designs and Patents Act 1988 (see British Academy of Songwriters, Composers and Authors and Others v Secretary of State for Business etc (No. 2) [2015] EWHC 2041 (Admin) 17 July 2015). The section inserted by those regulations had created the followin...