This website has been created on the instruction of Mr Rowntree, the Proposed Class Representative (see question 4 and 5 below), to keep those who are interested up to date with the proposed proceedings.

This claim is against the Performing Right Society Limited and PRS for Music Limited (collectively, the “Defendants” or “PRS”).

The claim says that PRS is violating UK and EU competition rules through the distribution of unmatched royalties, also known as “Black Box”.

Below is some additional information on Black Box:

• Whenever a song is played publicly or broadcast, the third-party entity performing the song (e.g., radio station, online music service, restaurant, bar/nightclub, etc.) must pay performing right royalties as a matter of intellectual property law. Royalties are owed both to writers and their publishers, and performers and record companies. This legal action is focused only on performing right royalties.

• Under PRS rules, royalties from public performances and broadcasts are shared on a 50:50 basis between writers and publishers. However, some royalties, where data is missing or incorrect cannot be distributed to the applicable writer or publisher and are distributed to a general pool, referred to as ‘Black Box’.

• The value of the ‘Black Box’ is then distributed across all writers and publishers on a “pro rata” or “market share” basis. It is believed that this market share distribution is set up to favour publishers, who receive a large portion of the ‘Black Box’ income that should be paid to writers. This leads to publishers receiving Black Box royalties owed to writers. In other words, Black Box royalties are effectively transferred from PRS writer members to PRS publisher members who have no entitlement to the relevant royalties but for the market share distribution.

PRS denies that it is doing anything wrong. The Tribunal has not decided whether the Class Representative or PRS is right or wrong.

David Rowntree is applying to serve as the Class Representative for this claim. If authorised by the Tribunal, the Proposed Class Representative will be responsible for running the case, including those aspects for which claimants would normally be responsible, such as instructing lawyers and experts and making decisions on how to conduct the claim (including any settlement discussions). 

During the case, the Proposed Class Representative will be responsible for communicating with the Class and for issuing formal notices. The Proposed Class Representative will place updates about the claim on this website. It is a good idea to register on this website and check the website regularly for updates.

David Rowntree is applying to act as Class Representative to represent the interests of the Class. Mr Rowntree is a PRS writer member and professional musician. He has considerable knowledge of the music industry and, in particular, the rights of writers. Also, as a qualified solicitor (currently non-practising), with a specialisation in litigation, Mr Rowntree has a detailed understanding of litigation. He can be contacted via his legal representatives Maitland Walker LLP at PRS Black Box Claim Enquiries, PO Box 114, Minehead, TA24 9DN.

The Consumer Rights Act 2015 makes it possible to bring collective proceedings, which are a form of court procedure that enables a class representative to bring an action on behalf of individuals and/or businesses affected by a violation of competition rules. As a result of the 2015 Act, groups of individuals and/or businesses hurt by the violations do not each need to bring an individual claim to obtain compensation for their loss. Instead, these individuals and/or businesses may all receive compensation through a single collective claim brought on their behalf. 

The core notion of collective proceedings is that they group together similar claims that raise common issues (i.e., the same, similar, or related issues of fact or law). The common issues will be dealt with during the proceedings and the judgment on common issues will be binding on all UK domiciled claimants who do not opt-out and those non-UK domiciled claimants who opt-in.

Common issues will cover both how the law is applied to the case and how compensation owed to PRS writer members should be calculated. They include the following:

• Whether PRS is dominant on the relevant market implicated by the claims;
• Whether PRS’s distribution policies in respect of Black Box royalties, are unfair to the detriment of the Proposed Class and thereby constitute an abuse of dominance;
• Whether PRS’s distribution policies in respect of Black Box royalties constitute an agreement and/or decision by an association of undertakings and, if so, whether they appreciably distort competition;
• Whether the alleged unlawful practices have an effect on trade in the United Kingdom and/or between EU Member States;
• Whether and to what extent the alleged competition law breaches have had an impact on the royalties and investment income received by Proposed Class Members;
• The appropriate interest rate at which to adjust damages suffered by Proposed Class Members in the past to compensate for the passing of time, additional finance costs, and/or a loss of return on investment; and
• Whether interest should be awarded on a simple basis or as damages on a compound basis.

Collective claims are brought on behalf of a group of individuals and/or businesses who are alleged to have suffered a common loss. All individuals and businesses that are domiciled in the United Kingdom who are part of the group are the class or class members unless they opt out. Individuals and businesses who are domiciled outside the United Kingdom are not in the Class or Class Members unless they opt in (see below question 23).

The Proposed Class Representative seeks authorisation to allow the claim to proceed as an opt-out collective claim. In simple terms, if the Competition Appeal Tribunal permits the claim to go forward as a collective claim and you are a class member domiciled in the United Kingdom who does do not opt out, you are part of the claim and will not be permitted to sue the Defendants for matters alleged in the claim.

An application to commence the opt-out collective action against PRS was launched in the Competition Appeal Tribunal on 27 February 2024. The Defendants have provided their Response and Mr Rowntree is preparing his Reply. Once the Tribunal has received the Reply it will likely set a date to hear oral argument on the application for a collective proceedings order.

This website will continue to be updated as the proposed claim progresses. Please check back regularly.

At this time, the Proposed Class Representative cannot predict how much money any Class Member might get. The Class Representative has only limited information available at the moment, and will be seeking from PRS the relevant data and information to determine overall damages and payment amounts.

The Class Representative will ask the Tribunal for the difference between the royalty payments that you did receive and higher royalty payments that you should have received.

No money is available now and there is no guarantee that money will be available in the future. The Class Representative must win the case or a settlement must be reached with PRS, and approved by the Tribunal. This process takes time and so please be patient. If and when money becomes available, a notice will be given about how to get a share. If you register at www.PRSsongwriterclaim.co.uk you will be told if the Class Representative wins or settles with PRS.

The Class Representative does not know if you will need to give any information to get money. Lawyers acting for the Class will try to get information from PRS to limit any information you might need to provide.

The Competition Appeal Tribunal is based in London and its remit covers the whole of the United Kingdom. The Tribunal hears disputes related to competition law matters. The Tribunal publishes its Rules and Guidance, together with information about what it does, on its website www.catribunal.org.uk.