Australasian Performing Right Association Limited, reference brought under section 154 of the Copyright Act 1968 [1992] ACopyT 2

CATCHWORDS Copyright Tribunal ‑ application by performing right society to confirm licence scheme ‑ scheme for the licensing of public performance right in respect of the performance of any of the works within the applicant's repertoire at commercial premises including clubs, hotels, restaurants, discotheques and similar venues where music is provided by the use of records for the purpose of accompanying dancing ‑ meaning and ambit of operation of s 154 of the Copyright Act 1968 ‑ consideration of evidence of basis for fixing reasonable licence fees introduction of "box office" principle ‑ effect on Tribunal's decision of agreement entered into with hotels and licensed clubs. Copyright Act 1068, ss 136, 137, 154, 157, 159 REFERENCE BROUGHT BY AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LIMITED UNDER SECTION 154 OF THE COPYRIGHT ACT 1968

COPYRIGHTTRIBUNAL

No. 1 of 1991 Sheppard P., Mr. Allan Horton and Professor Staniforth Ricketson 10 December 1992 Sydney

COMMONWEALTH OF AUSTRALIA

COPYRIGHT ACT 1968 IN THE COPYRIGHT TRIBUNAL REFERENCE BROUGHT BY AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LIMITED

UNDER SECTION 154 OF THE COPYRIGHT ACT 1968 No. 1 of 1991

MINUTES OF ORDER

TRIBUNAL MAKING ORDERS: SHEPPARD P., MR. ALLAN HORTON and PROFESSOR STANIFORTH RICKETSON DATE ORDERS MADE: 10 DECEMBER 1992 WHERE MADE: SYDNEY THE TRIBUNAL NOTES THATthe Applicant undertakes to the Tribunal that: (a) it will not implement the licence scheme annexed to the decision of the Tribunal, so far as it will affect members of the first and second respondents, respectively the Australian Hotels Association and the Registered Clubs Association of New South Wales, until 1 March 1993; (b) it will give to each of the first and second Respondents at least twelve months' written notice of any termination of the licence scheme or any variation in the licence fees payable under the scheme; (c) it will not give such notice before 1 March 1996; and (d) it will not make any application to the Tribunal in respect of any variation in the licence fees payable under the scheme which would come into effect before 1 March 1997. THE TRIBUNAL ORDERS THAT: 1) The licence scheme annexed to the Reasons for Decision of the Tribunal published on 10 December 1992 be confirmed. 2) There be no order as to costs. COMMONWEALTH OF AUSTRALIA