Australasian Performing Rights Association Limited under section 154 of the Copyright Act 1968 [1994] ACOPYT 1

at

COMMONWEALTH OF AUSTRALIA

COPYRIGHT ACT 1968

IN _ THE PYRIGHT TRIB

~NO.2 OF 1993

Reference by:

Australasian Performing Right Association Limited

under section 154 of the Copyright Act 1968

-NO.3 OF 1993

Application by:

Federation of Australian Commercial Television Stations

TRIBUNAL:

DATE:

PLACE:

THE TRIBUNAL:

under section 157 (4) of the Copyright Act 1968

NOS.1 TO 44 OF 1994

Applications by:

Tasmanian Television Limited and others

under section 157(2) of the Copyright Act 1968

Sheppard P Professor S. Ricketson

Mr. L.J.Curtis 7 October 1994

Sydney REASONS FOR DECISION

The three application to be dealt with are made

pursuant to s.160 of the Copyright Act 1968 ("the Act") which

provides: - "160. Where an application or reference is made to the Tribunal under this Act, the Tribunal may make an interim order having effect until the final decision of the Tribunal on the application or reference, " The applications are made in matters Nos.2 and 3 of 1993 and 1 to 44 of 1994 inclusive. Each of the matters, that is Nos. 2 and 3 of 1993 and 1 to 44 of 1994 is related to each of the

others. The applications Yvaise identical matters for decision

and may be considered as one application.

The background of the matter is as follows. For many years there has been in existence a licence by the Australasian Performing Right Association ("APRA") licensing the commercial television stations throughout Australia to broadcast music in the APRA repertoire on television stations. The licensing agreement which was in force until 30 June 1994 was made in 1972 or 1973 with each of the then existing commercial television stations. Over the years similar agreements have been entered into with new stations as they have come into existence. On 14 May 1993 the Federation of Australian Commercial Television Stations ("FACTS"), on behalf of its members, advised APRA, pursuant to clause 9 of the Agreement, that the Agreement would terminate on 30 June 1994. Under the 1973 Agreement each FACTS member paid a licence fee to APRA calculated at 1.5 per cent of the member's gros. advertising revenue less a aeduction for total expenditure on programs up to a maximum deduction of 40 per cent of total gross advertising revenue. For reasons which need not