Foreign performers’ claims against the UK, for failure to apply EU law on royalties, potentially remain viable post-Brexit (AFM and SAG-AFTRA v The Secretary of State for Science, Innovation and Technology)
TMT analysis: The High Court has dismissed applications for summary dismissal and strike out of several challenges brought by US performers against the UK state related to royalty payments. Among the claims that will now proceed to trial include the claims for ‘Francovich damages’, which allege that the UK failed to correctly implement EU law on (more generous) equitable remuneration for exploitation of their music (phonograms) in the UK, and also the claim for remuneration for sound performances incorporated into audiovisual works, such as within TV broadcasts. Written by Jason Raeburn, partner and head of intellectual property and technology litigation practice (London), and Georgina Morris, associate at Paul Hastings (Europe) LLP.