Universal Music Australia v EMI Music Publishing Australia Pty Ltd [2000] ACopyT 5

Universal Music Australia v EMI Music Publishing Australia Pty Ltd [2000] ACopyT 5

The Tribunal held that s 160 gave it sufficiently wide power to make an interim order continuing the expired royalty arrangements despite arguments that some aspects could not be ordered as final relief under ss 152A and 152B. However, an interim shift from list price to actual selling price was not justified because other methods could protect manufacturers, changing accounting practices would impose potentially unnecessary expense, and such a change might wrongly suggest a view on the merits. Interim protection was instead granted by continuing the expired agreement as amended, with the specified royalty rate reduced by 7.5 per cent and the deducted amount placed into an...

Jurisdiction
Australia
Judgment Date
14 June 2000
Procedural Posture
Application Under Copyright Act 1968 (cth) Ss 152 a and 152 B for Determination of Mechanical Royalties and Manner of Payment / Interim Order Application Under S 160 Pending Final Determination
Outcome
Interim relief granted in part; applicants directed to bring in short minutes of order within 14 days.
Legal Topics
['mechanical Royalties' 'compulsory Licensing' 'interim Orders' 'copyright Tribunal Jurisdiction' 'manner of Royalty Payment']
['copyright Law'] ['mechanical Royalties' 'compulsory Licensing' 'interim Orders' 'copyright Tribunal Jurisdiction' 'manner of Royalty Payment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under Copyright Act 1968 (cth) Ss 152 a and 152 B for Determination of Mechanical Royalties and Manner of Payment / Interim Order Application Under S 160 Pending Final Determination

Legal Issues

  1. 1 ['Whether the Copyright Tribunal had power under s 160 to make interim orders pending determination of applications under ss 152A and 152B.' "Whether the Tribunal's interim power was restricted by the final relief available under ss 152A and 152B, including where the expired agreement provided that no royalty was payable for promotional records and records on a sale or return basis." 'Whether interim royalty arrangements should calculate royalties by reference to actual selling price rather than list price.' 'Whether part of the royalty should be retained in an interest-bearing account pending final determination.']

Ratio Decidendi

The Tribunal held that s 160 gave it sufficiently wide power to make an interim order continuing the expired royalty arrangements despite arguments that some aspects could not be ordered as final relief under ss 152A and 152B. However, an interim shift from list price to actual selling price was not justified because other methods could protect manufacturers, changing accounting practices would impose potentially unnecessary expense, and such a change might wrongly suggest a view on the merits. Interim protection was instead granted by continuing the expired agreement as amended, with the specified royalty rate reduced by 7.5 per cent and the deducted amount placed into an...

Court Disposition

Interim relief granted in part; applicants directed to bring in short minutes of order within 14 days.

Orders

  • ['Pending final determination, the previous agreement as varied by the two Heads of Agreement was to continue, save that the rate of royalty was to be the rate specified in the agreement less 7.5 per cent, subject to any adjustment on final disposition.' 'The amount deducted was to be placed into an interest-bearing...