University of Newcastle v Audio-Visual Copyright Society Ltd [1999] FCA 103

FEDERAL COURT OF AUSTRALIA

University of Newcastle v Audio-Visual Copyright Society Ltd [1999] FCA 103

UNIVERSITY OF NEWCASTLE & ORS v AUDIO-VISUAL COPYRIGHT SOCIETY LIMITED

N 112 of 1999

Burchett J

2 February 1999

Sydney

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 112 of 1999

BETWEEN: THE UNIVERSITY OF NEWCASTLE AND OTHERS

Applicants

AND: AUDIO-VISUAL COPYRIGHT SOCIETY LIMITED

Respondent

JUDGE: BURCHETT J

DATE: 2 FEBRUARY 1999

PLACE: SYDNEY

EX TEMPORE REASONS FOR JUDGMENT 1 This matter was originally brought before me as President of the Copyright Tribunal by way of a request for clarification of the meaning of interlocutory orders which I had made by consent in that Tribunal. After some discussion, it was agreed on both sides that the matter should proceed as an application for declaratory relief in the Federal Court of Australia, and it is on that footing that I now deal with it. 2 The problem arises out of circumstances which I must recount, though as briefly as may be. The applicants (to which I shall refer as "the Universities"), on or shortly after 20 December 1993, entered into agreements with the respondent Audio-Visual Copyright Society Limited (to which I shall refer as "Screenrights"), the collecting society declared under s 135P of the Copyright Act 1968 (Cth), intended to govern the payment of equitable remuneration for the copying of television and radio broadcasts by the Universities under Part VA of the Act. 3 Those agreements implemented remuneration notices, based on a sampling system within the meaning of s 135G, by providing for the carrying out of sampling and payment of remuneration in relation to a period commencing on 1 January 1994, referred to as "the commencement date". They contained, inter alia, the following clauses: