Reference by Powercom Interactive Media Pty Ltd [2003] ACopyT 1

Reference by Powercom Interactive Media Pty Ltd [2003] ACopyT 1

The Tribunal held it lacks jurisdiction under s 155(5) Copyright Act 1968 (Cth) to consider or make orders with respect to any scheme under which AMCOS grants licences for the reproduction of musical works, as such licences are not within the statutory definition of 'licence' for the purposes of ss 136 and 155.

Parties
Referring Party: Powercom Interactive Media Pty Limited; Respondent: Australasian Performing Right Association Limited; Respondent: Australasian Mechanical Copyright Owners' Society Limited
Jurisdiction
Australia
Judgment Date
18 March 2003
Procedural Posture
Reference Copyright Tribunal / Preliminary Determination of Jurisdiction
Outcome
The Tribunal answered the preliminary question of jurisdiction with respect to AMCOS's reproduction licence scheme in the negative; the proceeding was stood over for directions.
Legal Topics
Copyright Tribunal Jurisdiction, Licence Schemes for Musical Works, Digital Reproduction and Communication Rights, Ringtone Licensing
Intellectual Property Law Copyright Tribunal Jurisdiction Licence Schemes for Musical Works Digital Reproduction and Communication Rights Ringtone Licensing

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Parties

Powercom Interactive Media Pty Limited

Referring Party

Australasian Performing Right Association Limited

Respondent

Australasian Mechanical Copyright Owners' Society Limited

Respondent

Procedural Posture

Reference Copyright Tribunal / Preliminary Determination of Jurisdiction

Legal Issues

  1. 1 Whether the Copyright Tribunal has jurisdiction under s 155(5) Copyright Act 1968 (Cth) regarding terms (including charges) of AMCOS's scheme for reproduction licences for musical works

Ratio Decidendi

The Tribunal held it lacks jurisdiction under s 155(5) Copyright Act 1968 (Cth) to consider or make orders with respect to any scheme under which AMCOS grants licences for the reproduction of musical works, as such licences are not within the statutory definition of 'licence' for the purposes of ss 136 and 155.

Court Disposition

The Tribunal answered the preliminary question of jurisdiction with respect to AMCOS's reproduction licence scheme in the negative; the proceeding was stood over for directions.

Orders

  • The question 'Does the Copyright Tribunal have jurisdiction...' be decided separately and answered: 'No'.
  • Proceeding stood over to 20 March 2003 for directions.