Copyright Agency Limited v Queensland Department of Education [2002] ACopyT 1

Copyright Agency Limited v Queensland Department of Education [2002] ACopyT 1

Equitable remuneration for statutory copying by educational institutions must be determined by reference to historic rates adjusted for CPI, with further adjustment for changes in teaching practices, textbook content, technology, administrative convenience, and bulk copying. Different rates are justified for distinct categories of works. A basic rate of 4 cents per page for 1997 (indexed by CPI) applies to general copying, with specified higher rates for artistic works (8 cents per page), plays/short stories/poetry (6 cents per page), and overhead transparencies/slides/permanent display copies (40 cents per page). Per capita rates should be based on average pages copied ascertained by...

Jurisdiction
Australia
Judgment Date
08 February 2002
Procedural Posture
Copyright Tribunal Application / Final Determination
Outcome
Application granted with determination of equitable remuneration rates from 1 January 1997, phased in over three or four years. Matter stood over for parties to propose short minutes of orders.
Legal Topics
['statutory Licensing' 'educational Copying' 'equitable Remuneration' 'sampling System' 'per Capita Rate']
['intellectual Property' 'copyright'] ['statutory Licensing' 'educational Copying' 'equitable Remuneration' 'sampling System' 'per Capita Rate']

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Procedural Posture

Copyright Tribunal Application / Final Determination

Legal Issues

  1. 1 ['What constitutes equitable remuneration for statutory copying by educational institutions under Part VB of the Copyright Act 1968 (Cth)?' 'What factors are relevant in determining equitable remuneration, including changes in teaching practices, textbook content, technology, and administrative convenience?' 'Should different rates be fixed for different categories of works copied (e.g., artistic works, poetry, plays)?' 'Should remuneration be based on per page or per capita rates and how should sampling be applied?']

Ratio Decidendi

Equitable remuneration for statutory copying by educational institutions must be determined by reference to historic rates adjusted for CPI, with further adjustment for changes in teaching practices, textbook content, technology, administrative convenience, and bulk copying. Different rates are justified for distinct categories of works. A basic rate of 4 cents per page for 1997 (indexed by CPI) applies to general copying, with specified higher rates for artistic works (8 cents per page), plays/short stories/poetry (6 cents per page), and overhead transparencies/slides/permanent display copies (40 cents per page). Per capita rates should be based on average pages copied ascertained by...

Court Disposition

Application granted with determination of equitable remuneration rates from 1 January 1997, phased in over three or four years. Matter stood over for parties to propose short minutes of orders.

Orders

  • ['Basic rate for licensed copying set at 4 cents per page for 1997, indexed by CPI thereafter.' 'Rate for artistic works and poetry fixed at 8 cents per page (indexed by CPI).' 'Rate for plays, short stories, and other s 135ZK works fixed at 6 cents per page (indexed by CPI).' 'Rate for overhead transparencies,...