Bumpy ride for airlines that don’t pay for in-flight music
FOR many weary travellers, a longhaul flight offers a welcome opportunity to relax and enjoy music played on the airline’s in-flight entertainment systems.
But that 36,000ft pastime is under threat after a legal battle was launched against some airlines to claw back millions of pounds of “unpaid royalties” that are allegedly owed to some of Britain’s most successful songwriters, including Ed Sheeran, Adele, Sir Elton John and Phil Collins.
The Performing Right Society for Music (PRS) has launched a legal battle with Qatar Airways claiming it has infringed the performing rights of composers by not paying for a licence to play its members’ music.
The British copyright company is seeking an injunction to stop Qatar Airways using more than 5,800 compositions it is accused of playing without a licence, as well as damages for the years they have provided those songs.
If successful, other Gulf-based airlines using music without a licence could be forced to pay for backdated use. Airlines are usually granted licences to play music from copyright societies operating from the countries where they are based.
However, no such organisation exists in the Gulf, meaning world-famous airlines, including Qatar Airways,
Emirates ates and Kuwait Airways, do not have such deals.
PRS, S, which which represents esents more than 145,000 145,0000 songwriters and composers, said it failed to persua de Qatar Airways to pay for a licence licence to play its music on planes “through customary business channels”. So it launched ched a legal test case to see whether it can force force Qatar Airways to get a licence, irrespective of whether music is played ayed in British, Qatar or international national airspace.
Now, a judge sitting in the High Courts of Justice in London has ruled this legal case can be heard d in British courts, despite despited an attempt by the airline to move the case to Qatar.
In his judgment, Mr Justice Birss found “the case is really a global copyright dispute ute between a UK holder for those e global rights s and a Qatar user of the protected content that is using it all over the world.” The judgment adds that Qatar Airways “denies, or at least does not admit” there has been any public performance of music PRS claims is part of its catalogue.
Sami Valkonen, chief international and legal officer for PRS, said: “We hope these legal proceedings against Qatar Airways, with a focus on the long-standing past copyright infringement … will help to set a precedent to ensure that all unlicensed airlines will be set up with necessary licences in the future. We look forward to the day when we will be able to distribute royalties from these airlines to those who deserve them.”
Qatar Airways, the second largest airline in the Middle East after Emirates, said: “No airline outside the UK has a licence with PRS and therefore this is not a point unique to Qatar Airways. The recent court decision only relates to the matter of where the claim should be heard, and is not a judgment on the merits of the PRS claim.”