Federal Court of Australia
CATCHWORDS
COPYRIGHT – Copyright Tribunal – application under s 157(2) of the Copyright Act 1968 – effect of establishment of a "going rate" – whether the applicant would in the circumstances in relation to the applicant be subject to the payment of charges or to conditions that are not reasonable – whether the Tribunal should make a determination in the nature of a declaration of rights in hypothetical circumstances. Copyright Act 1968, s 157 General Tire and Rubber Company v Firestone Tyre and Rubber Company Limited [1976] RPC 197, applied Copyright Agency Ltd v Department of Education of New South Wales (1985) 59 ALR 172, applied AEI Rediffusion Music Limited v Phonographic Performance Limited [1998] RPC 335, referred to British Airways Plc v Performing Rights Society Limited, Copyright Tribunal of the United Kingdom, 12 January 1998, referred to
FAIR FITNESS MUSIC ASSOCIATION v AUSTRALASIAN PERFORMING RIGHT ASSOCIATION CT 1 OF 1997 Burchett P, Professors Ricketson and Pearce Sydney (heard in Adelaide) 1 October 1998
COMMONWEALTH OF AUSTRALIA COPYRIGHT ACT 1968 IN THE COPYRIGHT TRIBUNAL CT 1 of 1997
BETWEEN: FAIR FITNESS MUSIC ASSOCIATION
Applicant
AND: AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LIMITED
RESPONDENT
MINUTES OF ORDER
TRIBUNAL: BURCHETT P
PROFESSOR RICKETSON (MEMBER)
PROFESSOR PEARCE (MEMBER)
DATE: 1 October 1998
PLACE: heard in adelaide
THE TRIBUNAL:
(1) Dismisses the application of Fair Fitness Music Association;
(2) Makes no order as to costs.
COMMONWEALTH OF AUSTRALIA COPYRIGHT ACT 1968 IN THE COPYRIGHT TRIBUNAL CT 1 of 1997
BETWEEN: FAIR FITNESS MUSIC ASSOCIATION
Applicant
AND: AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LIMITED
RESPONDENT
TRIBUNAL: BURCHETT P
PROFESSOR RICKETSON (MEMBER)
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