Audio-Visual Copyright Society Ltd v New South Wales Department Of School Education [1997] ACOPYT 1

Audio-Visual Copyright Society Ltd v New South Wales Department Of School Education [1997] ACOPYT 1

There was no going rate: the university and TAFE rates did not establish one, and neither did the 1990 school agreements; the disparities between them denied any usual rate. A hypothetical bargain would be too artificial, so equitable remuneration had to be fixed by judicial estimation in light of all circumstances. The 1990 school rates were more relevant than the university rates but were too low to remain equitable. The appropriate determination was a phased per full-time equivalent student rate of $1.40 for 1994-95, $1.80 for 1995-96, $2.20 for 1996-97 and $2.60 for 1997-98, with later rates moving according to the Consumer Price Index.

Jurisdiction
Australia
Judgment Date
01 May 1997
Procedural Posture
Applications Under Ss.135 J and 135 ZW of the Copyright Act 1968 for Determination of Equitable Remuneration Payable to a Collecting Society for School Copying of Television Broadcasts for Educational Purposes / Reasons for Decision After Hearing; Matter Stood Over for Short Minutes of Order
Outcome
The Tribunal stated the equitable remuneration rates to be applied and stood the matter over so the parties could consider the reasons and bring in short minutes of order.
Legal Topics
['copyright Tribunal' 'equitable Remuneration' 'compulsory Licence' 'copying of Television Broadcasts by Schools' 'collecting Society' 'sampling System' 'educational Use']
['copyright Law'] ['copyright Tribunal' 'equitable Remuneration' 'compulsory Licence' 'copying of Television Broadcasts by Schools' 'collecting Society' 'sampling System' 'educational Use']

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

Applications Under Ss.135 J and 135 ZW of the Copyright Act 1968 for Determination of Equitable Remuneration Payable to a Collecting Society for School Copying of Television Broadcasts for Educational Purposes / Reasons for Decision After Hearing; Matter Stood Over for Short Minutes of Order

Legal Issues

  1. 1 ['What annual amount per student constitutes equitable remuneration payable to AVCS for copies of television broadcasts made by or on behalf of school administering bodies for educational purposes after 1 July 1994.' 'Whether university and TAFE rates, or the 1990 school agreement rates, established a going rate for determining equitable remuneration.' 'Whether the Tribunal should use a going rate, a hypothetical bargain, or judicial estimation to determine the rate.' 'Whether remuneration should be calculated by head count or by full-time equivalent students.' 'Whether the Tribunal could phase in increases and provide for Consumer Price Index adjustment.']

Ratio Decidendi

There was no going rate: the university and TAFE rates did not establish one, and neither did the 1990 school agreements; the disparities between them denied any usual rate. A hypothetical bargain would be too artificial, so equitable remuneration had to be fixed by judicial estimation in light of all circumstances. The 1990 school rates were more relevant than the university rates but were too low to remain equitable. The appropriate determination was a phased per full-time equivalent student rate of $1.40 for 1994-95, $1.80 for 1995-96, $2.20 for 1996-97 and $2.60 for 1997-98, with later rates moving according to the Consumer Price Index.

Court Disposition

The Tribunal stated the equitable remuneration rates to be applied and stood the matter over so the parties could consider the reasons and bring in short minutes of order.

Orders

  • ['Equitable remuneration was to be based on students being actually or notionally full-time.' '1994-95: $1.40 per student.' '1995-96: $1.80 per student.' '1996-97: $2.20 per student.' '1997-98: $2.60 per student.' 'Thereafter the rates should move in accordance with movements in the Consumer Price Index.' 'The...