Application under s 152 of the Copyright Act 1968 by W.E.A. Records & Ors [1983] FCA 89

COMMONWEALTH OF AUSTRALIA COPYRIGHT ACT 1968

IN THE COPYRIGHT TRIBUNAL NO. 1A OF 1980

APPLICATION UNDER S. 152 OF THE COPYRIGHT ACT 1968 BY

WEA RECORDS PTY. LIMITED ASTOR RECORDS PTY. LTD., R.C.A. LIMITED,

POLYGRAM RECORDS PTY. LTD., C.B.S. RECORDS AUSTRALTA LIMITED,

FUSTIVAL RECORDS PTY. LIMITED

THE TRIBUNAL: EMI (AUSTRALIA) LIMITED,

LOCXHART J. Deputy President R.W.3. PURVIS Esq., Q.C. D.K. MALCOLM Esq., Q.C. Applicants

STEREO F.M. PTY. LIMITED

Respondent

17 May 1983 REASONS FOR DECISION

WEA Records Pty. Limited, EMI (Australia) Limited, Festival Records Pty. Limited, CBS Records Australia Limited, Polygram Fecords Pty. Limited, RCA Limited and Astor Records Pty. Limited ("the record companies") and Phonographic Performance Co.

of Australia Limited ("PPCA") have applied to this Tribunal under

s. 152 of the Copyright Act 1968 ("the Act") for orders determining the amounts payable to each of them as the owners of copyrights in published sound recordings by the holders of

licences for commercial FM broadcasting stations in Australia

("the broadcasters"). The broadcasters are Stereo FM Pty.

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Limited ("2MMM"), Sydney FM Limited ("2DAY"), Broadcast FM Pty. Limited ("3FOX"), Adelaide Stereo FM Pty. Limited (""5SSA"), New Broadcasting Pty. Lamited ("6NOW"), Melbourne FM Radio Pty.

Limited ("3EOM") and Stereo FM Brisbane Limited ("4MMM"). Each of the broadcasters 1s the holder of a commercial radio broadcasting

licence under the Broadcasting and Television Act 1942 which

entitles the holder to broadcast by means of FM rather than the conventional AM. FM broadcasting by commercial radio commenced

in 1980 with the granting of licenses on 22 August 1980 by the

Australian Broadcasting Tribunal.