Reference by Australasian Performing Right Association Ltd [2006] ACopyT 3

COPYRIGHT TRIBUNAL OF AUSTRALIA

Reference by Australasian Performing Right Association Ltd [2006] ACopyT 3

INTELLECTUAL PROPERTY - copyright – proposed licensing scheme, prepared by collecting society, for licensing of performance of background music to be heard by the public in retail and other premises – reference of scheme to Tribunal for its approval under s 154(1) of the Copyright Act 1968 (Cth) – nature of régime established by ss 154-159 of that Act – evidence showing more sophisticated use made by businesses of background music Act – evidence of comparable overseas rates – substantial increases called for. Held: proposed licensing scheme confirmed.

Copyright Act 1968 (Cth) ss 154-159

Audio Visual Copyright Society Ltd v Foxtel Management Pty Ltd (No 4) [2006] ACopyT 2 cited Fair Fitness Music Association v Australasian Performing Right Association Ltd (1998) 43 IPR 67 cited Reference by Australasian Performing Right Association Ltd; re Australian Broadcasting Corporation (1985) 5 IPR 449 cited

REFERENCE BY AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LIMITED (ABN 42 000 016 099) UNDER S 154 OF THE COPYRIGHT ACT 1968 CT 5 OF 2003 LINDGREN P 29 SEPTEMBER 2006 SYDNEY IN THE COPYRIGHT TRIBUNAL CT 5 OF 2003

REFERENCE BY: AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LIMITED (ABN 42 000 016 099)

UNDER S 154 OF THE COPYRIGHT ACT 1968

TRIBUNAL: LINDGREN P

DATE OF ORDER: 29 SEPTEMBER 2006

WHERE MADE: SYDNEY

THE TRIBUNAL DIRECTS THAT: 1. The Australasian Performing Right Association Ltd bring in short minutes of a determination to give effect to the Tribunal's reasons, serve a copy on the National Retail Association Ltd, and contact the Associate to Lindgren P to obtain a date for the making of the determination. IN THE COPYRIGHT TRIBUNAL CT 5 OF 2003

REFERENCE BY: AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LIMITED (ABN 42 000 016 099)