Audio-Visual Copyright Society Limited [2015] ACopyT 4

Audio-Visual Copyright Society Limited [2015] ACopyT 4

Screenrights was a company limited by guarantee and the Tribunal was satisfied that the applicable requirements of s 153F(6) were met. The proposed declaration appropriately replaced and expanded the existing declaration to cover government copies of specified audio-visual material made from a communication to the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 October 2015
Procedural Posture
Application for Declaration as a Collecting Society for Government Copying and Revocation of an Existing Declaration Under the Copyright Act 1968 (cth) / Determination of Application
Outcome
Application granted; new declaration made and existing declaration revoked.
Legal Topics
['government Copying' 'collecting Society Declaration' 'revocation of Existing Declaration' 'audio Visual Copyright Material Copied From the Internet' 'communication to the Public']
['copyright'] ['government Copying' 'collecting Society Declaration' 'revocation of Existing Declaration' 'audio Visual Copyright Material Copied From the Internet' 'communication to the Public']

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Procedural Posture

Application for Declaration as a Collecting Society for Government Copying and Revocation of an Existing Declaration Under the Copyright Act 1968 (cth) / Determination of Application

Legal Issues

  1. 1 ['Whether Screenrights should be declared under s 153F of the Copyright Act 1968 (Cth) as the collecting society for specified classes of government copies.' 'Whether the existing declaration of Screenrights dated 4 May 2000 should be revoked.' 'Whether the proposed declaration should cover government copies made from a communication to the public or from any copy made from a communication to the public.']

Ratio Decidendi

Screenrights was a company limited by guarantee and the Tribunal was satisfied that the applicable requirements of s 153F(6) were met. The proposed declaration appropriately replaced and expanded the existing declaration to cover government copies of specified audio-visual material made from a communication to the public or from any copy made from a communication to the public. Because the new declaration included all government copies covered by the existing declaration, s 153J(3) required revocation of the declaration dated 4 May 2000.

Court Disposition

Application granted; new declaration made and existing declaration revoked.

Orders

  • ['DECLARES Audio-Visual Copyright Society Limited ACN 003 912 310 (Screenrights) to be the collecting society under section 153F of the Copyright Act 1968 (Cth) for the purposes of Division 2 of Part VII in relation to government copies of the following classes of copyright material: (a) sound recordings; (b)...