The Government now faces judicial review over its implementation of the legislation. The claimants are the British Academy of Songwriters, Composers and Authors (BASCA), Musicians' Union (MU) and UK Music. Whilst they support the introduction of a private copying exception to keep up with the development of technology and practice, the government has introduced the exception without means of 'fair compensation' for musicians, composers and rightholders, as required by the Copyright Directive.
The lack of compensation sets the UK apart from other EU Member States, whose exceptions provide for fair compensation, usually in the form of a levy on blank media or devices used for copying. As the UK Music press release puts it "It is the compensatory element of a private copying exception that lies at the heart of EU law and underpins common respect for the songwriters, composers and musicians whose work is copied."
Or as "The Register" chooses to put it "For reasons known only to itself, officials at the Intellectual Property Office (IPO) insisted that the UK government didn’t have to [introduce a levy], arguing the value of the music was “priced in”.