Copyright Agency Ltd v University of Adelaide [1999] ACopyT 1

Copyright Agency Ltd v University of Adelaide [1999] ACopyT 1

The Tribunal was not authorised to determine the 1998 amount per EFTSU, but could determine equitable remuneration by categories of copying. In the absence of a going rate, the assessment required judicial estimation informed by the earlier Department of Education decision, changed circumstances, collection costs, the nature and purpose of copying, and the evidence of actual copying. General copying should be remunerated at 4 cents per page, coursepack copying at 5 cents per page, print music and artistic works at 15 cents per page, and artistic works copied onto slides at $1 per slide, with indexation by reference to the Consumer Price Index. No special rates were fixed for closed...

Jurisdiction
Australia
Judgment Date
02 February 1999
Procedural Posture
Application to the Copyright Tribunal to Determine the Annual Amount of Equitable Remuneration Payable for Licensed Copying Under Part VB of the Copyright Act 1968 (cth) / Reasons for Decision and Direction for Short Minutes of Orders
Outcome
The Tribunal determined the rates to be used for equitable remuneration in principle and directed the applicant to bring in short minutes of orders to give effect to the decision.
Legal Topics
['statutory Licence for Educational Institutions' 'equitable Remuneration' 'part VB Copying' 'coursepacks' 'print Music' 'artistic Works' 'digital Copying' 'closed Reserve Library Copying' 'sampling Notices']
['copyright Law'] ['statutory Licence for Educational Institutions' 'equitable Remuneration' 'part VB Copying' 'coursepacks' 'print Music' 'artistic Works' 'digital Copying' 'closed Reserve Library Copying' 'sampling Notices']

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Procedural Posture

Application to the Copyright Tribunal to Determine the Annual Amount of Equitable Remuneration Payable for Licensed Copying Under Part VB of the Copyright Act 1968 (cth) / Reasons for Decision and Direction for Short Minutes of Orders

Legal Issues

  1. 1 ['Whether the former requirement to express equitable remuneration per student authorised a determination per EFTSU' 'Whether the Tribunal could assess equitable remuneration by applying different rates to different categories of copying' 'How equitable remuneration should be assessed in the absence of a going rate' 'Whether changes since Copyright Agency Ltd v Department of Education of New South Wales justified higher or lower rates' 'Whether coursepack copying should attract a higher rate than general copying' 'Whether print music, artistic works and slides should attract special rates' 'Whether copying in closed reserve sections of university libraries should be determined by the Tribunal before legal questions about fair dealing were resolved by a court' 'Whether digital access or digital storage should attract special rates in the absence of evidence of digital copying in reliance on Part VB']

Ratio Decidendi

The Tribunal was not authorised to determine the 1998 amount per EFTSU, but could determine equitable remuneration by categories of copying. In the absence of a going rate, the assessment required judicial estimation informed by the earlier Department of Education decision, changed circumstances, collection costs, the nature and purpose of copying, and the evidence of actual copying. General copying should be remunerated at 4 cents per page, coursepack copying at 5 cents per page, print music and artistic works at 15 cents per page, and artistic works copied onto slides at $1 per slide, with indexation by reference to the Consumer Price Index. No special rates were fixed for closed...

Court Disposition

The Tribunal determined the rates to be used for equitable remuneration in principle and directed the applicant to bring in short minutes of orders to give effect to the decision.

Orders

  • ['The applicant bring in, on a date to be fixed, short minutes of orders to give effect to the decision of the Tribunal.']