Australasian Performing Right Association Limited, reference brought under section 154 of the Copyright Act 1968 [1992] ACopyT 2

Australasian Performing Right Association Limited, reference brought under section 154 of the Copyright Act 1968 [1992] ACopyT 2

The Tribunal held that s 154 of the Copyright Act 1968 empowered it to confirm the varied licence scheme for general application. The proposed gross revenue-based scheme was reasonable because the existing fees had produced only small returns, the box office approach had a recognised basis in copyright remuneration, the settlement with organisations representing over two-thirds of current licensees deserved substantial weight, the increases were staged over two years, and overseas comparisons did not show the resulting Australian rates to be markedly out of step. The scheme was therefore confirmed and no order as to costs was made.

Jurisdiction
Australia
Judgment Date
10 December 1992
Procedural Posture
Reference by Performing Right Society Under S 154 of the Copyright Act 1968 to Confirm a Proposed Licence Scheme / Reasons for Decision and Orders Confirming the Licence Scheme
Outcome
The licence scheme annexed to the Reasons for Decision was confirmed; no order as to costs.
Legal Topics
['copyright Tribunal Licence Schemes' 'public Performance Right' 'recorded Music to Accompany Dancing' 'reasonable Licence Fees' 'box Office or Gross Revenue Basis for Remuneration']
['copyright Law'] ['copyright Tribunal Licence Schemes' 'public Performance Right' 'recorded Music to Accompany Dancing' 'reasonable Licence Fees' 'box Office or Gross Revenue Basis for Remuneration']

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Procedural Posture

Reference by Performing Right Society Under S 154 of the Copyright Act 1968 to Confirm a Proposed Licence Scheme / Reasons for Decision and Orders Confirming the Licence Scheme

Legal Issues

  1. 1 ['Whether the Copyright Tribunal had jurisdiction under s 154 of the Copyright Act 1968 to confirm a licence scheme with general application beyond the parties to the reference.' 'Whether it was reasonable to replace the existing premises capacity/function-based licence fee with a box office or gross revenue-based fee for recorded music used to accompany dancing.' 'What weight should be given to the settlement reached between the applicant and the Australian Hotels Association and the Registered Clubs Association of New South Wales.' 'Whether the proposed staged licence fees and other terms of the licence scheme were reasonable in the circumstances.']

Ratio Decidendi

The Tribunal held that s 154 of the Copyright Act 1968 empowered it to confirm the varied licence scheme for general application. The proposed gross revenue-based scheme was reasonable because the existing fees had produced only small returns, the box office approach had a recognised basis in copyright remuneration, the settlement with organisations representing over two-thirds of current licensees deserved substantial weight, the increases were staged over two years, and overseas comparisons did not show the resulting Australian rates to be markedly out of step. The scheme was therefore confirmed and no order as to costs was made.

Court Disposition

The licence scheme annexed to the Reasons for Decision was confirmed; no order as to costs.

Orders

  • ['The licence scheme annexed to the Reasons for Decision of the Tribunal published on 10 December 1992 be confirmed.' 'There be no order as to costs.']