Alert: High Court dismisses ITV's appeal against method of royalties calculation (ITV v PRS)

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IP & IT analysis: This case was an appeal from the Copyright Tribunal made on a reference under section 126 of the Copyright Designs and Patents Act 1988, in respect of the calculation of royalties payable by ITV under a licence for the use of material produced by members of collecting societies. It was common ground that the royalty figure was to be calculated by taking a recently agreed figure and adjusting it to allow for intervening changes in relevant factors such as viewing figures and inflation. The parties agreed that the starting point should be the most recently freely negotiated agreement between them, but there was a dispute as to which that agreement was. The appeal concerned whether the Copyright Tribunal had been correct to discard a 2012 agreement which was agreed to be ‘non-precedential’ and to start from a 2009 agreement. The High Court held that the Copyright Tribunal had not erred in its decision to...