Australasian Performing Rights Association Limited under section 154 of the Copyright Act 1968 [1994] ACOPYT 1

Australasian Performing Rights Association Limited under section 154 of the Copyright Act 1968 [1994] ACOPYT 1

Section 160 of the Copyright Act 1968 confers a wide interim power and is not limited by ss.154 and 157 so as to prevent an interim order involving later monetary adjustment. However, the Tribunal declined to make the interim orders sought because the balance of convenience favoured avoiding the serious distribution, administrative, hardship and tax difficulties that APRA, as a collecting society, would face if retrospective downward adjustment or escrow-like withholding were required. The interim fee should remain at 0.9 per cent of gross advertising revenue, not the 1.2 per cent in APRA's new licence scheme, and fairness dictated no retrospective upward adjustment if APRA ultimately...

Jurisdiction
Australia
Judgment Date
07 October 1994
Procedural Posture
Reference and Applications Concerning Licence Schemes and Licence Fees Under the Copyright Act 1968 / Applications for Interim Orders Under S.160 Pending Final Determination
Outcome
Applications for interim orders not acceded to; formal orders not made at this stage and the matter adjourned for short minutes of order.
Legal Topics
['copyright Tribunal' 'licence Scheme' 'broadcast Right in Music' 'interim Orders' 'commercial Television Broadcasting' 'collecting Societies']
['copyright' 'administrative Law'] ['copyright Tribunal' 'licence Scheme' 'broadcast Right in Music' 'interim Orders' 'commercial Television Broadcasting' 'collecting Societies']

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Procedural Posture

Reference and Applications Concerning Licence Schemes and Licence Fees Under the Copyright Act 1968 / Applications for Interim Orders Under S.160 Pending Final Determination

Legal Issues

  1. 1 ['Whether s.160 of the Copyright Act 1968 empowered the Copyright Tribunal to make an interim order that could allow retrospective monetary adjustment after final determination.' 'Whether, if jurisdiction existed, the Tribunal should exercise its discretion to make the interim orders sought by FACTS and its members.' 'What interim licence fee arrangement should apply for commercial television stations pending final determination of the proceedings.']

Ratio Decidendi

Section 160 of the Copyright Act 1968 confers a wide interim power and is not limited by ss.154 and 157 so as to prevent an interim order involving later monetary adjustment. However, the Tribunal declined to make the interim orders sought because the balance of convenience favoured avoiding the serious distribution, administrative, hardship and tax difficulties that APRA, as a collecting society, would face if retrospective downward adjustment or escrow-like withholding were required. The interim fee should remain at 0.9 per cent of gross advertising revenue, not the 1.2 per cent in APRA's new licence scheme, and fairness dictated no retrospective upward adjustment if APRA ultimately...

Court Disposition

Applications for interim orders not acceded to; formal orders not made at this stage and the matter adjourned for short minutes of order.

Orders

  • ['No formal orders were made in the reasons.' 'The matter was to be adjourned for a short time to enable the parties and their legal advisers to consider the reasons.' "Counsel were directed to bring in short minutes of order to give effect to the Tribunal's decision when the matter was next in the list." 'The...