Reference by Powercom Interactive Media Pty Ltd [2003] ACopyT 1

COPYRIGHT TRIBUNAL OF AUSTRALIA

Reference by Powercom Interactive Media Pty Ltd [2003] ACopyT 1

COPYRIGHT – Copyright Tribunal – jurisdiction of Tribunal – musical works – ringtones of mobile telephones – one collecting society grants licences to reproduce musical works – another collecting society grants licences to transmit musical works electronically – company needs licences from both in order to carry on its business of supplying ringtones – dispute between company and the two collecting societies as to terms of licences including amounts of licence fees – scheme under which licences to transmit are granted is within s 155 of Copyright Act 1968 (Cth) – question whether scheme under which licences to reproduce are granted is within that section – coordinated schemes or single scheme jointly administered by the two collecting societies – jurisdiction of Tribunal to consider matter in dispute and to make order.

Copyright Act 1968 (Cth) ss 136 ("licence", "licence scheme", "licensor"), 155, 160

Reference by Australasian Performing Right Association Ltd [1995] ACopyT 3 cited Universal Music Australia v EMI Publishing Australia Pty Ltd (2000) 155 FLR 362 cited

REFERENCE BY POWERCOM INTERACTIVE MEDIA PTY LIMITED (ABN 94 096 014 710) CT 2 OF 2002 LINDGREN P 18 MARCH 2003 SYDNEY

IN THE COPYRIGHT TRIBUNAL CT 2 OF 2002

REFERENCE BY: POWERCOM INTERACTIVE MEDIA PTY LIMITED

(ABN 94 096 014 710)

RESPONDENTS: AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LIMITED

AUSTRALASIAN MECHANICAL COPYRIGHT OWNERS' SOCIETY LIMITED

TRIBUNAL: LINDGREN P

DATE OF ORDER: 18 MARCH 2003

WHERE MADE: SYDNEY

THE TRIBUNAL ORDERS THAT: 1. The following question be decided separately from any other question and before the final hearing in the proceeding: "Does the Copyright Tribunal have jurisdiction to consider the matter in dispute and to make an order under subs 155(5) of the Copyright Act 1968 (Cth) in so far as that matter relates, and such an order would relate, to the terms, including those as to the payment of charges, of any scheme under which licences are granted by the Australasian Mechanical Copyright Owners' Society Ltd for the reproduction of musical works?" 2. The question referred to in Order 1 be answered: "No". 3. The proceeding be stood over to Thursday 20 March 2003 at 9.30 am for directions.