Simkins successfully represents PRS in Copyright Tribunal dispute with UK Cinema Association
Simkins has successfully represented Performing Right Society Limited (PRS) in a significant Copyright Tribunal dispute with the UK Cinema Association (UKCA), securing a favourable decision on the licensing of music played in UK cinemas.
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.
The dispute arose following PRS's proposal to modernise Tariff C, which had not undergone a major revision 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 the introduction of a single per-admission royalty calculation and an increase in the royalty rate.
A 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 amount 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 quantity of licensed music used in cinemas had increased and approved a 7.25% uplift to the existing per-admission royalty rate, setting a new base rate of 7.9 pence per admission, compared with the previous 7.33 pence. Although this was lower than the increase sought by PRS, it represents an important recognition of the increased use of music in films.
The Tribunal also accepted 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.
Separately, the Tribunal considered the appropriate royalty rate for Cinematic Presentations of Live Music Events, including concerts and opera performances screened in cinemas. It increased the applicable rate from 3% 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 also 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. It determined that the new per-admission rate should be adjusted annually in accordance with the Consumer Prices Index including owner occupiers' housing costs (CPIH).
While the Tribunal did not accept all of PRS's proposals, including its proposed treatment of booking fees for standard film screenings and the removal of the existing prompt payment discount, the decision represents a significant outcome for PRS and the songwriters, composers and publishers whose rights it administers.
The decision 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. UKCA may seek to appeal the decision.
PRS was represented by Simkins LLP, which instructed Robert Howe KC and Dominic Howells.
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.
