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NSM Music ordered to pay PRS for Music licence fees 

16 December 2011

High Court Dismisses Application for Permission to Appeal

The High Court has ended digital jukebox supplier NSM Music Limited’s attempt to appeal the judgment made against it earlier in the year in favour of PRS for Music because it had no real prospect of success.

The case was heard in the High Court on 4th November 2011 at an oral hearing before Mr Justice Newey. NSM Music Limited has no further right of appeal and must now pay over £85,000 in unpaid licence fees in addition to interest and legal costs. 

A copy of the two orders of Mr Justice Newey and order of Deputy Master Rhys are available below.  

This is the latest development in the dispute following the Court’s decision in June 2011 when it ruled in favour of PRS for Music in its claim against NSM Music Limited, who was refusing to pay PRS for Music’s licence fees. The Deputy Master of the High Court found that NSM Music Limited had no reasonable prospect of successfully defending the claim brought by PRS for Music and dismissed the arguments raised in their defence as being without merit.  In addition to its claim, PRS for Music was awarded interest plus costs.  The Deputy Master refused to grant NSM Music Limited permission to appeal his decision. 

Andy Hind, Head of Recorded Media licensing at PRS for Music said “this has been an unnecessary and long drawn out process that will end up costing NSM Music far more than if they had paid their PRS for Music licence fees as other businesses do. It is disappointing that NSM Music has chosen to take this path rather than to operate a licensed service. However, I am pleased that the High Court has delivered clear and unequivocal Judgments upholding our members’ rights” 

Original Order of Deputy Master Rhys

Order of Mr Justice Newey November 2011

Order of Mr Justice Newey September 2011

About PRS for Music

PRS for Music represents the rights of over 125,000 songwriters, composers and music publishers in the UK. As a membership organisation it ensures creators are paid whenever their music is played, performed or reproduced, championing the importance of copyright to protect and support the UK music industry. The UK has a proud tradition of creating wonderful music that is enjoyed the world over and PRS for Music has been supporting the creators of that music since 1914.

PRS for Music provides business and community groups with easy access to nearly 15m songs through its music licences. In an industry worth over £4.1bn, PRS for Music is uniquely placed to be a voice for music and music creators. Collecting £621.5m in 2016, PRS for Music is one of the world’s most efficient combined rights organisations. With over 100 representation agreements in place globally, PRS for Music's network represents over two million music creators.

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