Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Copyright Agency Limited v Isentia Pty Ltd [2022] FCAFC 163 Appeal from: Application by Isentia Pty Limited [2020] ACopyT 2; Application by Isentia Pty Limited [2021] ACopyT 2
File number: NSD 1212 of 2021
Judgment of: JAGOT, BEACH AND BURLEY JJ
Date of judgment: 23 September 2022
Catchwords: ADMINISTRATIVE LAW — application for judicial review of Copyright Tribunal's grant of licences to reproduce newspaper articles licensed by collecting society — market power of individual copyright owner not a prohibited consideration — comparable transactions — legal unreasonableness — appeal dismissed with costs COPYRIGHT — no basis for limitations on Tribunal's power to grant licence and its terms arising from collecting society's "mandate" under agreements with publishers — grant of licence, terms and charges imposed by Tribunal under ss 157(3), 157(6B)(a)–(b) of Copyright Act, not collecting society as licensor
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 11(3) Competition and Consumer Act 2010 (Cth) Copyright Amendment Act 2006 (Cth) Copyright Act 1968 (Cth) ss 36(1), 134B, 136(b), 136, 136(1), 157(1)–(2), 157(3), 157(3)(a)–(b), 157(6), 157(6A)–(6C), 157(6B)(a)–(b), 157A, 159(4), 160 Federal Court of Australia Act 1976 (Cth) s 37M(1) Federal Court Rules 2011 (Cth) rr 9.12, 31.02 Judiciary Act 1903 (Cth) s 39B
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