Application by Streem Pty Limited [2018] ACopyT 1

Application by Streem Pty Limited [2018] ACopyT 1

Because the existing Licence Agreement had been negotiated recently by experienced representatives with legal assistance and twice extended by Streem on the same terms, it was the best evidence of the status quo and the Tribunal should be reluctant on an interim application to recast the parties' allocation of rights, risks and revenue. The Licence Agreement should therefore be extended pending final determination, but with an adjustment mechanism to address possible prejudice and any difference between interim fees and the fees ultimately determined.

Jurisdiction
Australia
Judgment Date
28 June 2018
Procedural Posture
Application for Interim Order Under S 160 of the Copyright Act 1968 (cth) Pending an Application Under S 157(3) / Interim Relief
Outcome
The Licence Agreement operating from 1 March 2017 to 30 June 2018 was ordered to be extended pending the Tribunal's decision in the principal application, with an adjustment mechanism, and the parties were directed to submit proposed orders.
Legal Topics
['interim Orders' 'copyright Licensing' 'licence Fees' 'media Monitoring' 'unreasonable Licence Charges or Conditions']
['copyright' 'intellectual Property' 'tribunal Procedure'] ['interim Orders' 'copyright Licensing' 'licence Fees' 'media Monitoring' 'unreasonable Licence Charges or Conditions']

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Procedural Posture

Application for Interim Order Under S 160 of the Copyright Act 1968 (cth) Pending an Application Under S 157(3) / Interim Relief

Legal Issues

  1. 1 ["What terms should govern an interim order under s 160 of the Copyright Act 1968 (Cth) pending the Tribunal's final decision on Streem's application under s 157(3)." 'Whether the interim licence should preserve the existing Licence Agreement, including minimum payment provisions, or remove minimum payments and calculate fees only by reference to actual use or revenue.' 'Whether an adjustment mechanism should be included to account for the final licence fees determined by the Tribunal.']

Ratio Decidendi

Because the existing Licence Agreement had been negotiated recently by experienced representatives with legal assistance and twice extended by Streem on the same terms, it was the best evidence of the status quo and the Tribunal should be reluctant on an interim application to recast the parties' allocation of rights, risks and revenue. The Licence Agreement should therefore be extended pending final determination, but with an adjustment mechanism to address possible prejudice and any difference between interim fees and the fees ultimately determined.

Court Disposition

The Licence Agreement operating from 1 March 2017 to 30 June 2018 was ordered to be extended pending the Tribunal's decision in the principal application, with an adjustment mechanism, and the parties were directed to submit proposed orders.

Orders

  • ['The parties confer for the purpose of submitting proposed Orders to the Tribunal within seven days.' "The Licence Agreement which operated from 1 March 2017 to 30 June 2018 be extended pending the Tribunal's decision in the principal application." "The orders are to incorporate an order in terms of Order 3 of...