Simkins represents PRS in successful Copyright Tribunal dispute with UK Cinema Association

In a decision handed down on 8 October 2026, the Copyright Tribunal ruled in favour of PRS on several key issues concerning Tariff C, which governs the licensing of musical works featured in film soundtracks and music played elsewhere in cinemas. PRS represents 45 million musical works and has more than 190,000 songwriter, composer and music publisher members in the UK, and millions more globally.

The dispute arose following PRS's proposal to modernise Tariff C, which had not undergone a major review since 2005. UKCA, representing approximately 230 cinema operators accounting for over 90% of UK cinemas, challenged the proposed changes, seeking instead reductions to the royalties payable by its members.

The Tribunal rejected UKCA's proposed reductions and accepted PRS's position on several important aspects of the tariff, including PRS's proposal to replace the existing dual royalty calculation system, under which cinemas could choose between paying a percentage of ticket receipts and a fixed amount per admission, with a single per-admission rate. In reaching this conclusion, the Tribunal recognised that a per-admission calculation provided a closer connection between the use of licensed music and the royalties payable, as well as potential administrative advantages.

Another central issue to the dispute was whether the increased use of music in films justified higher royalties for composers, songwriters and music publishers. PRS argued that the proportion of music featured in films had increased significantly since 2005 and that this should be reflected in the royalties payable by cinema operators.

The Tribunal accepted that the amount of licensed music used in cinemas had increased and approved a 7.25% uplift to the existing per-admission royalty rate, which was re-based at 7.9 pence per admission and adjusted annually with inflation.

The Tribunal also approved an increase in the royalty rate for Cinematic Presentations of Live Music Events, including concerts and opera performances screened in cinemas. It increased the applicable rate to 4% of receipts and determined that booking fees should be included in the calculation. This represents a further favourable outcome for PRS, reflecting the economic value of music in these performances.

The Tribunal rejected UKCA's arguments that royalty rates should be reduced to account for premium cinema experiences, changes in ticket pricing and challenging economic conditions facing the sector.

The decision represents a significant outcome for PRS and its members, and provides important guidance on the principles governing the assessment of reasonable music licensing royalties, particularly the relationship between the economic value of copyright works, the extent of their use and the revenues generated by licensees.

The question of costs remains to be determined.

PRS was represented by Simkins Partner Paddy Gardiner and Associates Hugo Mason and Ned Gompertz, who instructed Robert Howe KC and Dominic Howells of Blackstone Chambers.

The Copyright Tribunal's decision in UK Cinema Association Ltd v Performing Right Society Limited (CT 133/24) was handed down on 8 October 2026.

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