Audio-visual Copyright Society Limited v Australian Record Industry Association Ltd [2000] FCA 1486

FEDERAL COURT OF AUSTRALIA

Audio-Visual Copyright Society Ltd v Australian Record Industry Association Ltd [2000] FCA 1486

COPYRIGHT – declaration of company as collecting society under s 153F of Copyright Act 1968 (Cth) for purposes of Division 2 of Part VII of that Act (use of copyright material for services of Commonwealth or a State) – whether only one collecting society may be declared in respect of an article produced by the one act of copying – whether an article produced by the one act of copying can embody more than one "government copy" as defined in s 182B of the Act – meaning of "a specified class of government copies" in s 153F of the Act. Copyright Act 1968 (Cth) ss 153F, 182B, 182C, 183, 183A, 183C

Phonographic Performance Company of Australia Ltd v Federation of Australian Commercial Television Stations (1998) 195 CLR 158, referred to Audio-Visual Copyright Society Ltd v Australian Record Industry Association Ltd (2000) 47 IPR 40, referred to AUDIO-VISUAL COPYRIGHT SOCIETY LIMITED v AUSTRALIAN RECORD INDUSTRY ASSOCIATION LIMITED N 570 OF 2000 LINDGREN, LEHANE, GYLES JJ 23 OCTOBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 570 OF 2000

IN THE MATTER OF A REFERENCE BY THE COPYRIGHT TRIBUNAL OF A QUESTION OF LAW ARISING IN PROCEEDINGS BEFORE IT:

BETWEEN: AUDIO-VISUAL COPYRIGHT SOCIETY LIMITED (ACN 003 912 310)

APPLICANT

AND: AUSTRALIAN RECORD INDUSTRY ASSOCIATION LIMITED (ACN 002 692 944)

AS PARTY TO THE APPLICATION

AND NUMBERED IN THE COPYRIGHT TRIBUNAL AS FILE NO 1 OF 1999

JUDGES: LINDGREN, LEHANE, GYLES JJ

DATE OF ORDER: 23 OCTOBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The following question referred to the Court under s 161 of the Copyright Act 1968 (Cth) for determination: "Is there power in the Copyright Tribunal pursuant to section 153F of the Copyright Act 1968 to declare two companies to be collecting societies for the purposes of Division 2 of Part VII, for specified classes of government copies, with the effect that in relation to an article, being an article made under section 183(1) of the Act by the copying of a transmission of a sound broadcast or a television broadcast: (a) one collecting society is entitled under section 183A(2) of the Act to be paid equitable remuneration in respect of the copyright in sound recordings, and cinematograph films that are music videos, reproduced in a material form in that article; and (b) the other collecting society is entitled under section 183A(2) of the Act to be paid equitable remuneration in respect of the copyright in copyright material (within the meaning of section 182B(1) of the Act) other than sound recordings, and cinematograph films that are music videos, reproduced in a material form in that article?" be answered "No".