University of Newcastle v Audio-Visual Copyright Society Ltd [1999] ACopyT 2

COPYRIGHT TRIBUNAL OF AUSTRALIA

University of Newcastle v Audio-Visual Copyright Society Ltd [1999] ACopyT 2 COPYRIGHT TRIBUNAL – annual amount of equitable remuneration for copying under Part VA – consideration of the meaning of "equitable remuneration" – principles upon which the expression "equitable remuneration" in the Copyright Act should be construed, and the effect on its construction, if doubtful, of the Berne Convention – construction of s 153A of the Copyright Act 1968 to give effect to the purpose of the legislation, legislative inadvertence being demonstrated – "broadcasts" read as "transmissions" in s 153A – effect in the assessment of equitable remuneration of a previous negotiated agreement between the parties – consideration of Audio-Visual Copyright Society Ltd v New South Wales Department of School Education (1997) 37 IPR 495 – discussion of the indexation of remuneration assessed – relationship between equitable remuneration and the extent and nature of the copying done – "judicial estimation" – discussion of the special position of schools as compared with universities – effect of production of copies not really required but kept because of a failure to implement properly the "preview" system for which the Act provides – weight to be given to the growth of copying in universities – whether a rate can be assessed per student which is detached from any measure of the copying actually done – effect of characterising remuneration as "super-profit" – effect of financial stringency affecting universities – proposition that copyright owners are not obliged to subsidize universities – reference to the question of discount for bulk – effect of some uses of copies amounting to "fair dealing". Copyright Act 1968 (Cwth), ss 103A, 103C, 135A, 135E, 135F, 135G, 135H, 135J, 135K, 135P, 149, 149A, 150, 152, 153, 153A, 153C Copyright Act 1911 (UK), s 19 Copyright Act 1956 (UK), s 8 Copyright, Designs and Patents Act 1988 (UK), s 140, Chap VII Berne Convention, Articles 9, 10, 11bis Copyright Tribunal (Procedure) Regulations, reg 25A Copyright Agency Limited v University of Adelaide [1999] ACopyT 1