Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Copyright Agency Limited v Queensland Department of Education [2007] FCAFC 124
COPYRIGHT – reference from Copyright Tribunal of Australia – electronic use system – application by declared collecting society to Tribunal under s 135ZWA(1) of Copyright Act 1968 (Cth) to determine amount of equitable remuneration payable by respondent schools for licensed copying in electronic form and licensed communications in schools – associated application under s 135ZWA(2) to determine "electronic use system" to assess the number of the licensed copies in electronic form and licensed communications – interim survey of copying and communications in schools carried out by collecting society with the schools' consent on a without admissions basis – schools wishing to have access to the results – whether Tribunal has power to determine an electronic use system providing for access. Held: all questions answered "yes" in favour of amplitude of Tribunal's jurisdiction.
Copyright Act 1968 (Cth) ss 135ZB ("electronic use notice"), 135ZWA
Desktop Marketing Systems Pty Ltd v Telstra Corporation Ltd (2002) 119 FCR 491 cited
COPYRIGHT AGENCY LIMITED v QUEENSLAND DEPARTMENT OF EDUCATION & ORS
NSD 149 OF 2007
LINDGREN, EMMETT AND FINKELSTEIN JJ
10 August 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 149 OF 2007
ON A CASE STATED BY THE COPYRIGHT TRIBUNAL OF AUSTRALIA
BETWEEN: COPYRIGHT AGENCY LIMITED
Applicant
AND: QUEENSLAND DEPARTMENT OF EDUCATION &ORS
Respondents JUDGE: LINDGREN, EMMETT AND FINKELSTEIN JJ DATE OF ORDER: 10 AUGUST 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The questions of law referred to the Court by the Copyright Tribunal of Australia are determined as follows:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate