Audio-visual Copyright Society Ltd v Australian Record Industry Association Ltd [2000] ACopyT 1

Audio-visual Copyright Society Ltd v Australian Record Industry Association Ltd [2000] ACopyT 1

Part VII Division 2 and ss 153F to 153K contemplate declaration of a collecting society by reference to all government copies or a class of government copies, not by reference to separate categories of copyright ownership affected by the same act of copying. The statutory references to the relevant collecting society, the overlap provisions in s 153J, and the remuneration procedure in s 153K are inconsistent with multiple collecting societies having separate statutory collection rights for the same government copying. The preliminary question was therefore answered No.

Jurisdiction
Australia
Judgment Date
20 January 2000
Procedural Posture
Application for a Declaration Under S153 F of the Copyright Act 1968 / Preliminary Question
Outcome
Preliminary question answered No.
Legal Topics
['government Copying' 'collecting Societies' 'equitable Remuneration' 'classes of Government Copies' 'sound Broadcasts and Television Broadcasts']
['copyright Law'] ['government Copying' 'collecting Societies' 'equitable Remuneration' 'classes of Government Copies' 'sound Broadcasts and Television Broadcasts']

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Procedural Posture

Application for a Declaration Under S153 F of the Copyright Act 1968 / Preliminary Question

Legal Issues

  1. 1 ['Whether a specified class of government copies under s153F(5) of the Copyright Act 1968 may be defined by reference to categories of copyright ownership.' 'Whether more than one collecting society may be declared for a single act or class of government copying involving transmissions of sound broadcasts or television broadcasts.' 'Whether the making by government of a single copy engages one collecting society or may be split between collecting societies representing different copyright owners.']

Ratio Decidendi

Part VII Division 2 and ss 153F to 153K contemplate declaration of a collecting society by reference to all government copies or a class of government copies, not by reference to separate categories of copyright ownership affected by the same act of copying. The statutory references to the relevant collecting society, the overlap provisions in s 153J, and the remuneration procedure in s 153K are inconsistent with multiple collecting societies having separate statutory collection rights for the same government copying. The preliminary question was therefore answered No.

Court Disposition

Preliminary question answered No.

Orders

  • ['The Tribunal answers the preliminary question set out in its reasons "No".']