An appeal from a decision of the Copyright Tribunal has considered the effect of the words “non-precedential” in a licence agreement, a question on which there has been authority both in this jurisdiction and in Australia. 

On appeal from a decision of the copyright tribunal in relation to the appropriate royalty payable for  use of copyrighted music, Mann J held that the tribunal were entitled to decline to pay regard to the use as a comparable of the most recent licence agreement between the parties, notwithstanding that it was freely negotiated, merely  because the agreement stated that it was “non-precedential.”  

Charles Hollander QC, instructed by Olswang, appeared for ITV on the appeal.