Copyright Agency Limited v Queensland Department of Education [2007] FCAFC 124

Copyright Agency Limited v Queensland Department of Education [2007] FCAFC 124

The Tribunal has the power to determine an electronic use system which provides for access to both unprocessed and processed survey data by administering bodies or their authorised recipients, and may permit unlimited or qualified use of such data, depending on evidence and discretion; all questions of law stated are answered 'yes'.

Parties
Applicant: Copyright Agency Limited; Respondents: Queensland Department of Education & Ors
Jurisdiction
Australia
Judgment Date
10 August 2007
Procedural Posture
Case Stated From the Copyright Tribunal of Australia / Determination of Questions of Law
Outcome
All questions of law referred are answered in favour of the Tribunal's jurisdiction; applicant to pay respondents' costs.
Legal Topics
Statutory Licences, Electronic Use Systems, Equitable Remuneration, Data Access, Privacy
Copyright Law Education Law Statutory Licences Electronic Use Systems Equitable Remuneration Data Access Privacy

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Parties

Copyright Agency Limited

Applicant

Queensland Department of Education & Ors

Respondents

Procedural Posture

Case Stated From the Copyright Tribunal of Australia / Determination of Questions of Law

Legal Issues

  1. 1 Does the Copyright Tribunal have power to determine an electronic use system that provides access to unprocessed and processed survey data to administering bodies?
  2. 2 Can an electronic use system permit unlimited or qualified use of such data by administering bodies?
  3. 3 Does privacy legislation or principles limit the Tribunal's power to make such determinations?

Ratio Decidendi

The Tribunal has the power to determine an electronic use system which provides for access to both unprocessed and processed survey data by administering bodies or their authorised recipients, and may permit unlimited or qualified use of such data, depending on evidence and discretion; all questions of law stated are answered 'yes'.

Court Disposition

All questions of law referred are answered in favour of the Tribunal's jurisdiction; applicant to pay respondents' costs.

Orders

  • All questions of law referred to the Court by the Copyright Tribunal of Australia are determined in favour of the amplitude of Tribunal's jurisdiction.
  • Applicant pay the respondents' costs.