In Light of the Ends. Copyright Hysteresis and Private Copy Exception after the British Academy of Songwriters, Composers and Authors (BASCA) and Others v Secretary of State for Business, Innovation and Skills Case

Abstract

In the British Academy of Songwriters, Composers and Authors (BASCA) and others v Secretary of State for Business, Innovation and Skills case, the High Court of Justice in matter of private copy exception provides the twofold prime opportunity to shed light on the state of the art of copyright in the UK and to flesh out the idea of 'legal hysteresis’. I support the reintroduction of the private copy exception, possibly in a less narrow fashion, and I explain the reasons why I am confident that my expectations will be fulfilled.

Keywords: private copy, copyright, exceptions, limitations, BASCA, parody, pricing-in, compensation, intellectual property, property, IP, UK, English Law, Comparative Law, England, Intellectual Property Office, High Court, common law, civil law, hysteresis

JEL Classification: K00, K1, K10, K11, K19, k29, K39, K40