Phonographic Performance Company of Australia Limited v Commercial Radio Australia Limited [2013] FCAFC 11

FEDERAL COURT OF AUSTRALIA

Phonographic Performance Company of Australia Limited v Commercial Radio Australia Limited [2013] FCAFC 11 Citation: Phonographic Performance Company of Australia Limited v Commercial Radio Australia Limited [2013] FCAFC 11

Appeal from: Phonographic Performance Company of Australia Limited v Commercial Radio Australia Limited [2012] FCA 93

Parties: PHONOGRAPHIC PERFORMANCE COMPANY OF AUSTRALIA LIMITED (ACN 000 680 704) v COMMERCIAL RADIO AUSTRALIA LIMITED (ACN 059 731 467)

File number: NSD 361 of 2012

Judges: EMMETT, BESANKO AND YATES JJ

Date of judgment 13 February 2013 Corrigendum: 12 June 2013

Catchwords: COPYRIGHT – whether the scope of the non-exclusive licence of the right to broadcast certain sound recordings granted by a copyright collection agency to radio stations included the right to play those recordings in radio programs transmitted by FM broadcast as a simulcast with transmission of the same program via the internet COPYRIGHT – Definition of 'broadcasting service' in s 6(1) of the Broadcasting Services Act 1992 (Cth) – as affected by a Ministerial determination excluding some services but then excepting some of those services from the exclusion – whether streamed internet radio program, when broadcast simultaneously with radio broadcast via broadcasting services bands, fell under the definition of 'broadcasting service' in s 6(1) as affected by the Ministerial determination

Legislation: Acts Interpretation Act 1901 (Cth) ss 15AB(1), 15AB(2) Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000 (Cth) Broadcasting Services Act 1992 (Cth) ss 3, 4, 6(1), 133, 136, Sch 6 Copyright Act 1968 (Cth) s 10(1) Legislative Instruments 2003 (Cth) s 13(1) Radiocommunications Act 1992 (Cth)