Jurisdiction(s):
United Kingdom

High Court upholds UK order denying equitable remuneration to US performers; challenge non-justiciable as treaties unincorporated; reciprocity policy confirmed

Published on: 26 January 2026

Published by a Law360 reporter

Legal News

Article summary

The High Court said it could not quash a November 2024 order by the Secretary of State for Science, Innovation and Technology, which made it law that US performers are not entitled to 'equitable remuneration' when their sound recordings are broadcast to the public in the UK.

The American Federation of Musicians of the United States and Canada and SAG-AFTRA contended the order breached the UK's obligations under international law and ought to be set aside. The court disagreed, stressing that treaties do not form part of English law unless and until Parliament incorporates them through legislation. Justice Stephen Males warned that, if the position were otherwise, the executive could effectively legislate by entering treaties, eroding parliamentary sovereignty. On that basis, the unions' challenge was held to be non-justiciable, as success would require the court to construe and give domestic effect to international agreements that have not been incorporated...

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