Copyright Agency Ltd v University of Adelaide [1999] FCA 1818

FEDERAL COURT OF AUSTRALIA

Copyright Agency Ltd v University of Adelaide [1999] FCA 1818

COPYRIGHT – Copyright Tribunal – Part VB of Copyright Act 1968 – determination by Tribunal of amount of equitable remuneration payable by bodies administering educational institutions to collecting society for copyright owners in respect of copying of works licensed by the Act – whether, under ss 135ZW and 153C, where the administering body has given a sampling notice, the Tribunal is empowered to make a determination which differentiates between different categories of work – whether consistently with s 135ZM the Tribunal is empowered to determine an increased amount on account of the fact that the work contains an explanatory or illustrative artistic work on the same page as the whole or part of a non-artistic work. Copyright Act 1968 (Cth) Part VB (esp ss 135ZG-135ZM, 135ZU-135ZW) and s 153C Copyright Agency Ltd v Department of Education of New South Wales (1985) 4 IPR 5, cited Copyright Agency Ltd v University of Adelaide (1999) 42 IPR 529, cited

COPYRIGHT AGENCY LIMITED v THE UNIVERSITY OF ADELAIDE & ORS N 733 of 1999

N 985 of 1999 FRENCH, HEEREY, AND LINDGREN JJ 22 DECEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 733 OF 1999

BETWEEN: COPYRIGHT AGENCY LIMITED (ACN 001 228 799)

Applicant

AND: THE UNIVERSITY OF ADELAIDE, THE AUSTRALIAN NATIONAL UNIVERSITY, AUSTRALIAN CATHOLIC UNIVERSITY, UNIVERSITY OF BALLARAT, BOND UNIVERSITY, UNIVERSITY OF CANBERRA, CENTRAL QUEENSLAND UNIVERSITY, CHARLES STURT UNIVERSITY, CURTIN UNIVERSITY OF TECHNOLOGY, DEAKIN UNIVERSITY, EDITH COWAN UNIVERSITY, THE FLINDERS UNIVERSITY OF SOUTH AUSTRALIA, GRIFFITH UNIVERSITY, JAMES COOK UNIVERSITY OF NORTH QUEENSLAND, LA TROBE UNIVERSITY, MACQUARIE UNIVERSITY, THE UNIVERSITY OF MELBOURNE, MONASH UNIVERSITY, MURDOCH UNIVERSITY, THE UNIVERSITY OF NEW ENGLAND, THE UNIVERSITY OF NEW SOUTH WALES, THE UNIVERSITY OF NEWCASTLE, NORTHERN TERRITORY UNIVERSITY, THE UNIVERSITY OF QUEENSLAND, QUEENSLAND UNIVERSITY OF TECHNOLOGY, ROYAL MELBOURNE INSTITUTE OF TECHNOLOGY LIMITED, SOUTHERN CROSS UNIVERSITY, SWINBURNE UNIVERSITY OF TECHNOLOGY, THE UNIVERSITY OF SYDNEY, UNIVERSITY OF TASMANIA, UNIVERSITY OF SOUTHERN QUEENSLAND, UNIVERSITY OF SOUTH AUSTRALIA, UNIVERSITY OF TECHNOLOGY, SYDNEY, VICTORIA UNIVERSITY OF TECHNOLOGY, THE UNIVERSITY OF WESTERN AUSTRALIA, UNIVERSITY OF WESTERN SYDNEY, UNIVERSITY OF WOLLONGONG