LONDON, July 31, 2024 /PRNewswire/ -- A deadline to
object to the CPO proceedings or class representative has been set
for the collective proceedings order application ("Application") to
be heard by the Competition Appeal Tribunal (the "Hearing") for a
claim to recover damages from the Performing Right Society Limited
and PRS for Music Limited ("PRS") on behalf of PRS writer members
between 9 March 2017 to 28 February 2024. The proposed claim is being
brought by Mr David Rowntree, a PRS
writer member himself.
The claim was launched on behalf of PRS writer members on
28 February 2024 who it is alleged
have received lower so-called 'Black Box' income than they should
have (the "Claim").
Claim Summary
The Claim alleges that PRS pays, or allows to be paid, excessive
amounts of 'Black Box' royalties to its publisher members when the
majority of the 'Black Box' royalties should be paid to its writer
members.
It further alleges that 'Black Box' royalties are royalties
which have not been matched to the correct writer or publisher
member for a variety of reasons, including missing or incorrect
data.
The Claim alleges that the majority of 'Black Box' income
represents royalties that have not been distributed to the writer
members to which they relate. When, however, PRS distributes (or
permits to be distributed) 'Black Box' to the membership, it pays
to publishers a significant portion of the 'Black Box' income owed
to writers. The Claim seeks to recoup the difference between the
'Black Box' income the writer members should have been paid
out and what they actually were paid.
The Claim alleges that PRS is in breach of competition rules in
the Competition Act 1998 and the Treaty on the Functioning of the
European Union by transferring writers' royalties to publishers
when administering performing right royalties in the UK.
The Class
The claim automatically includes all individuals who are
domiciled in the United Kingdom on
28 February 2024 and were PRS writer
members at any time since 9 March
2017. Any writer member who is domiciled outside the
United Kingdom on 28 February 2024 may choose to be included in the
Claim.
Financial Arrangements
This legal action is being funded by LCM Funding UK Limited, a
highly experienced third-party litigation funder. Exton Advisors
provided advice and brokerage services on the funding and
insurance. Insurance is in place to cover adverse fees or
costs up to £10,000,000.
Non-confidential versions of the Application for the Collective
Proceedings Order, the litigation funding agreement, and the
insurance policies are available upon request.
Class Member Options
PRS writer members domiciled in the United Kingdom will be automatically included
in the claim unless they request to be excluded. Any PRS writer
members domiciled outside the United
Kingdom will not be automatically included in the claim
unless they request to be included.
Any proposed class member may object to the Application or the
authorisation of Mr Rowntree as class representative. They may also
ask to speak at the Hearing. Any third party with an interest, that
is not a member of the proposed class, may apply to the Tribunal
for permission to make written and/or oral submissions at the
Hearing. Objections and Tribunal appearance requests must be
received by the Tribunal by 4pm on
27 September 2024 by post or fax to
the following address:
The Registrar
Competition Appeal Tribunal
Salisbury Square House
8 Salisbury Square
London EC4Y 8AP
Fax: 020 7979 7978
When writing to the Tribunal, they must include the reference
"Rowntree v PRS Collective Action" and Case No.1634/7/7/24.
To learn more about the claim and Application, visit the
dedicated PRS Claims Website at
www.PRSsongwriterclaim.co.uk or the Tribunal's website at
www.catribunal.org.uk/cases.
Media Contact: Richard
Elsen 07886 757307; Stephen
Lock 07721 302577
View original
content:https://www.prnewswire.co.uk/news-releases/performing-right-society-prs-for-music-writer-members-may-be-affected-by-a-legal-claim-302210408.html