Australasian Performing Right Association Ltd v Federation of Australian Radio Broadcasters Ltd [1999] ACopyT 4

COPYRIGHT TRIBUNAL OF AUSTRALIA Australasian Performing Right Association Ltd v Federation of Australian Radio Broadcasters Ltd [1999] ACopyT 4 COPYRIGHT – whether a licence scheme proposed by APRA for licences to broadcast music by radio was reasonable – fixing of rates according to music usage – whether a higher penalty rate should be provided where prompt payment is not made, or interest should be payable – whether current accounting should be adopted and on what basis – whether an earlier agreement reached in difficult financial conditions could be regarded as setting a "going rate" – whether an agreement, once made, has a binding effect on rates – whether changes in the industry justified new rates – discussion of the proposition that stability in rates required they should not be fixed according to the health of the industry at a particular time – effect of international comparisons. Berne Convention, Art 11 Copyright Act 1968 (Cwth), ss 136, 154 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 Fair Fitness Music Association v Australasian Performing Right Association Ltd (1998) 43 IPR 67 referred to Audio-Visual Copyright Society Ltd v New South Wales Department of School Education (1997) 37 IPR 495 applied University of Newcastle v Audio-Visual Copyright Society Ltd (1999) 43 IPR 505 referred to British Airways Plc v Performing Right Society Ltd (Copyright Tribunal (UK), 12 January 1998, unreported) referred to Copyright Agency Ltd v University of Adelaide (1999) 42 IPR 529 applied

AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LIMITED v FEDERATION OF AUSTRALIAN RADIO BROADCASTERS LIMITED CT 2 of 1995

Burchett P, Professor Pearce and Ms Bowne Sydney 17 September 1999