Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Phonographic Performance Company of Australia Ltd v Commercial Radio Australia Limited [2012] FCA 93 Citation: Phonographic Performance Company of Australia Ltd v Commercial Radio Australia Limited [2012] FCA 93
Parties: PHONOGRAPHIC PERFORMANCE COMPANY OF AUSTRALIA LTD (ACN 000 680 704) v COMMERCIAL RADIO AUSTRALIA LIMITED (ACN 059 731 467)
File number: NSD 92 of 2010
Judge: FOSTER J
Date of judgment: 15 February 2012
Catchwords: COPYRIGHT – whether the scope of the non-exclusive licence of the right to broadcast certain sound recordings granted by a copyright collection agency to radio stations included the right to play those recordings in radio programs transmitted by FM broadcast as a simulcast with transmission of the same program via the Internet
Legislation: Acts Interpretation Act 1901 (Cth), s 15AB, s 46(1) Broadcasting Services Act 1992 (Cth), ss 6, 11 and 14 Copyright Act 1968 (Cth), s 10(1), s 85(1) Copyright Amendment (Digital Agenda) Act 2000 (Cth) Copyright (International Protection) Regulations 1969 (Cth), reg 4, reg 7 Evidence Act 1995 (Cth), s 191 Legislative Instruments Act 2003 (Cth), s 13
Dates of hearing: 7 and 8 October 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 134
Counsel for the Applicant: Mr R Cobden SC, Mr C Dimitriadis
Solicitor for the Applicant: Gilbert + Tobin
Counsel for the Respondent: Mr JM Hennessy SC
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