RichardP - there are no authoritative interpretations yet. You understand enough that I wonder why you mislead us on that point. Are you a civil servant or ex-civil servant?

The principal reason for the civil service to give a minister a "difficult" brief (if doing so knowingly) is to cover their own backs, and I strongly suspect that those drafting the Act had litte idea of what they were talking about on the music side. Once that happens, hubris leads to a robust defence of the error.

The weasel word is "incidental", and it may be much narrower than "ancillary". I suggested amendments to clarify this and the DTI blanked us. What they may, ironically, have done, is left themselves nore open to challenge under the Human Rights Act.