University of Newcastle v Audio-Visual Copyright Society Ltd [1999] FCA 103

University of Newcastle v Audio-Visual Copyright Society Ltd [1999] FCA 103

The consent orders did not incorporate or revive clause 2.6 of the 1993 agreements. In context, the word "arrangements" referred to the sampling and payment procedures needed on an interim basis, not to the terms on which the expired agreements could have been terminated. The orders themselves governed the end of their operation and did not create a new long-term relationship between Screenrights and the Universities. The declaration sought could not be made and the application was dismissed.

Jurisdiction
Australia
Judgment Date
02 February 1999
Procedural Posture
Application for Declaratory Relief in the Federal Court of Australia Arising From Interlocutory Consent Orders Made in the Copyright Tribunal / Ex Tempore Reasons for Judgment
Outcome
Application dismissed.
Legal Topics
['part VA Copying of Broadcasts' 'equitable Remuneration' 'remuneration Notices' 'sampling System' 'construction of Consent Orders' 'interlocutory Orders']
['copyright Law' 'civil Procedure' 'contract Interpretation'] ['part VA Copying of Broadcasts' 'equitable Remuneration' 'remuneration Notices' 'sampling System' 'construction of Consent Orders' 'interlocutory Orders']

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Procedural Posture

Application for Declaratory Relief in the Federal Court of Australia Arising From Interlocutory Consent Orders Made in the Copyright Tribunal / Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ['Whether the consent orders made on 9 February 1998 continued the arrangements in the 1993 agreements so as to revive clause 2.6 and require three months notice taking effect at the end of a calendar year before the Universities could revoke remuneration notices.' 'Whether the expression "arrangements" in the consent orders referred only to sampling and payment procedures or also incorporated termination provisions from the expired agreements.']

Ratio Decidendi

The consent orders did not incorporate or revive clause 2.6 of the 1993 agreements. In context, the word "arrangements" referred to the sampling and payment procedures needed on an interim basis, not to the terms on which the expired agreements could have been terminated. The orders themselves governed the end of their operation and did not create a new long-term relationship between Screenrights and the Universities. The declaration sought could not be made and the application was dismissed.

Court Disposition

Application dismissed.

Orders

  • ['The application must be dismissed.' 'The applicant was directed to bring in short minutes accordingly on a date to be fixed.']