Universal Music Australia v EMI Music Publishing Australia Pty Ltd [2000] ACopyT 3

Universal Music Australia v EMI Music Publishing Australia Pty Ltd [2000] ACopyT 3

For present purposes the Tribunal was prepared to accept that IMF had a sufficient substantial interest, but declined to join IMF at this stage because artists' interests and managers' financial interests were adequately protected by publishers and AMCOS, IMF was unlikely to add submissions of substance on the interim application, and joinder risked disrupting the interim hearing and causing prejudice. The application for joinder was stood over.

Jurisdiction
Australia
Judgment Date
14 March 2000
Procedural Posture
Application for an Order Determining the Amount of Royalty Payable by Manufacturers of Sound Recordings of Musical Works to Owners of Those Works and the Manner in Which That Royalty Is to Be Paid / Ruling on Application by IMF (australia) Ltd to Be Made a Party
Outcome
The application by IMF (Australia) Ltd to be made a party was stood over.
Legal Topics
['copyright Tribunal Joinder' 'substantial Interest' 'discretion to Add Party' 'royalties for Sound Recordings of Musical Works' 'interim Royalty Arrangements']
['copyright' 'practice and Procedure'] ['copyright Tribunal Joinder' 'substantial Interest' 'discretion to Add Party' 'royalties for Sound Recordings of Musical Works' 'interim Royalty Arrangements']

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Procedural Posture

Application for an Order Determining the Amount of Royalty Payable by Manufacturers of Sound Recordings of Musical Works to Owners of Those Works and the Manner in Which That Royalty Is to Be Paid / Ruling on Application by IMF (australia) Ltd to Be Made a Party

Legal Issues

  1. 1 ['Whether IMF (Australia) Ltd had a substantial interest in the application within s 152A(6) and s 152B(5) of the Copyright Act 1968 (Cth).' 'Whether the Tribunal should exercise its discretion to make IMF (Australia) Ltd a party at this stage of the proceeding.']

Ratio Decidendi

For present purposes the Tribunal was prepared to accept that IMF had a sufficient substantial interest, but declined to join IMF at this stage because artists' interests and managers' financial interests were adequately protected by publishers and AMCOS, IMF was unlikely to add submissions of substance on the interim application, and joinder risked disrupting the interim hearing and causing prejudice. The application for joinder was stood over.

Court Disposition

The application by IMF (Australia) Ltd to be made a party was stood over.

Orders

  • ['The application to be made a party to the proceedings be stood over.']