Audio-Visual Copyright Society Limited v Foxtel Management Pty Limited (No 2) [2012] ACopyT 2

Audio-Visual Copyright Society Limited v Foxtel Management Pty Limited (No 2) [2012] ACopyT 2

In the absence of evidence supporting a more complex approach, dividing the total remuneration equally among the channels for subscribers with access to less than all nine channels is equitable; the value of simplicity is significant in determining remuneration in these circumstances.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 August 2012
Procedural Posture
Tribunal Determination / Determination of Equitable Remuneration for Retransmission of Less Than Nine Multichannels
Outcome
Screenrights' (Applicant's) proposed method for division of remuneration accepted.
Legal Topics
['equitable Remuneration' 'retransmission of Multichannels']
['copyright'] ['equitable Remuneration' 'retransmission of Multichannels']

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Procedural Posture

Tribunal Determination / Determination of Equitable Remuneration for Retransmission of Less Than Nine Multichannels

Legal Issues

  1. 1 ['What is the appropriate method of determining equitable remuneration for retransmission of fewer than nine new multichannels by Foxtel?']

Ratio Decidendi

In the absence of evidence supporting a more complex approach, dividing the total remuneration equally among the channels for subscribers with access to less than all nine channels is equitable; the value of simplicity is significant in determining remuneration in these circumstances.

Court Disposition

Screenrights' (Applicant's) proposed method for division of remuneration accepted.

Orders

  • ["The parties are to file an agreed form of orders reflecting the Tribunal's position by close of business Monday 27 August 2012."]