Phonographic Performance Company of Australia Limited (ACN 000680 704) under section 154(1) of the Copyright Act 1968 [2010] ACopyT 1

COPYRIGHT TRIBUNAL OF AUSTRALIA

Phonographic Performance Company of Australia Limited (ACN 000680 704) under section 154(1) of the Copyright Act 1968 [2010] ACopyT 1 Citation: Phonographic Performance Company of Australia Limited (ACN 000680 704) under section 154(1) of the Copyright Act 1968 [2010] ACopyT 1

Parties: REFERENCE BY PHONOGRAPHIC PERFORMANCE COMPANY OF AUSTRALIA LIMITED (ACN 000 680 704) UNDER SECTION 154(1) OF THE COPYRIGHT ACT 1968

File number: CT1 of 2006

The Tribunal: DRIVER FM (DEPUTY PRESIDENT) PROFESSOR DENNIS PEARCE (MEMBER) DR RHONDA SMITH (MEMBER)

Date of judgment: 17 May 2010

Catchwords: COPYRIGHT – Proposed licensing scheme – reference of scheme to Tribunal for approval under s.154(4) of the Copyright Act 1968 (Cth) – licences for use of sound recordings in fitness classes – calculation of licence fee –rate of increase – whether calculated by monthly membership of fitness centres, or by attendance at fitness classes or by reference to the classes conducted – choice modelling survey – measurement of the value of sound recordings in fitness classes – measurement of willingness to pay for recorded music – flaws in survey – alternative basis for calculation of licence fee – consideration of bargaining principles – consideration of competition issues – whether only fitness centres should pay the licence fee – consideration of definition issues in the proposed scheme – observations on the role of the ACCC in Tribunal proceedings.

Legislation: Copyright Act 1968 (Cth), ss 22, 85, 89, 136, 154, 157, 157B Copyright (International Protection) Regulations 1969