Copyright Agency Limited v State of New South Wales [2013] ACopyT 1

COPYRIGHT TRIBUNAL OF AUSTRALIA

Copyright Agency Limited v State of New South Wales [2013] ACopyT 1 Citation: Copyright Agency Limited v State of New South Wales [2013] ACopyT 1

Parties: COPYRIGHT AGENCY LIMITED v STATE OF NEW SOUTH WALES

File number: CT 2 of 2003

Tribunal: PERRAM J (PRESIDENT (ACTING)) DR CATHERINE RIORDAN (MEMBER)

Date of judgment: 17 July 2013

Corrigendum: 28 August 2013

Catchwords: COPYRIGHT – Equitable remuneration – Government use of artistic works – Survey plans - Use for State land title registration system – Remuneration for non-government use of artistic works COPYRIGHT – Reproduction – Distinction between reproduction and electronic communication – Treatment of reproduction and communication on the same basis – Whether appropriate in particular circumstances COPYRIGHT – Equitable remuneration – Distinction between compensation for the provision of survey plans and remuneration for use of copyright works – Economic justification for charging for use of copyright works – State economic policies

Legislation: Constitution s 114 Copyright Act 1968 (Cth) ss 31, 32, 182B, 182C, 182D, 183(1) US Free Trade Agreement Implementation Act 2004 (Cth) Community Land Development Act 1989 (NSW) Conveyancing Act 1919 (NSW) Conveyancing (General) Regulations 2008 (NSW) Conveyancing (Sale of Land) Regulation 2010 (NSW) Independent Pricing and Regulatory Tribunal Act 1992 (NSW) Real Property Act 1900 (NSW) Real Property Regulation 2008 (NSW) Strata Schemes (Freehold Development) Act 1973 (NSW) Strata Schemes (Leasehold Development) Act 1986 (NSW) New South Wales Treasury, Guidelines for Pricing of User Charges, TPP 01-02, June 2001 New South Wales Treasury, Policy Statement on the Application of Competitive Neutrality, TPP 02-1, January 2002 James Hogg, Australian Torrens System (with Statutes) (William Clowes and Sons Limited, 1905)