Federal Court of Australia
COPYRIGHT TRIBUNAL OF AUSTRALIA
Audio-Visual Copyright Society Ltd v Foxtel Management Pty Ltd (No 4) [2006] ACopyT 2
COPYRIGHT – equitable remuneration – retransmission of free to air ('FTA') television programs through Pay TV's set top unit – application by collecting society declared under s 135ZZT of Copyright Act 1968 (Cth) ('the Act') for purpose of Pt VC of that Act for a determination of the amount of 'equitable remuneration' payable by the retransmitters for their retransmission of the FTA programs simultaneously with the broadcasting of those programs by FTA broadcasters, pursuant to the statutory licence granted to the retransmitters by s 135ZZK of the Act – contingent valuation survey conducted by the collecting society to establish how much subscribers would be prepared to pay to retain retransmission – admissibility and weight of evidence of the survey – admissibility and weight of evidence of rates charged for retransmission in overseas countries – meaning of 'equitable remuneration' – approaches taken by Tribunal – notional bargain – parties to, and circumstances of, notional bargain. EVIDENCE – survey evidence – contingent valuation survey.
Copyright Act 1968 (Cth), ss 135ZZK, 135ZZL, 135ZZM, 135ZZT, 153M AUDIO-VISUAL COPYRIGHT SOCIETY LTD v FOXTEL MANAGEMENT PTY LTD & ORS CT 3 of 2002 THE TRIBUNAL: LINDGREN J (PRESIDENT), PROFESSOR DENNIS PEARCE (MEMBER), MS ANGELA BOWNE (MEMBER) 3 MAY 2006 SYDNEY
COMMONWEALTH OF AUSTRALIA
Copyright Act 1968
IN THE COPYRIGHT TRIBUNAL CT 3 OF 2002
APPLICATION BY: AUDIO-VISUAL COPYRIGHT SOCIETY LIMITED
FOXTEL MANAGEMENT PTY LIMITED
FIRST RESPONDENT
OPTUS VISION MEDIA PTY LIMITED
SECOND RESPONDENT
AUSTAR ENTERTAINMENT PTY LIMITED
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