Federal Court of Australia
COPYRIGHT TRIBUNAL OF AUSTRALIA
Phonographic Performance Company of Australia Limited under s 154 of the Copyright Act 1968 (Cth) [2015] ACopyT 3 Citation: Phonographic Performance Company of Australia Limited under s 154 of the Copyright Act 1968 (Cth) [2015] ACopyT 3
Parties: REFERENCE BY PHONOGRAPHIC PERFORMANCE COMPANY OF AUSTRALIA LIMITED (ACN 000 680 704) UNDER SECTION 154(1) OF THE COPYRIGHT ACT 1968 (CTH)
File number: CT3 of 2013
The Tribunal: JAGOT J (DEPUTY PRESIDENT) DR RHONDA SMITH (MEMBER)
Date of judgment: 28 August 2015
Catchwords: COPYRIGHT – licences – proposed licensing schemes referred to Tribunal under s 154(1) of the Copyright Act 1968 (Cth) – licences for use of sound recordings in radio simulcasts – manner of calculation of licensing fees – whether licensing fees should be calculated on a per stream basis or a percentage of revenue basis COPYRIGHT – licences – whether Tribunal should confirm or vary the referred schemes under s 154(4) of the Copyright Act 1968 (Cth) – whether schemes considered reasonable in the circumstances of a notional bargain between the parties – neither scheme considered reasonable in the circumstances
Legislation: Acts Interpretation Act 1901 (Cth) s 23 Broadcasting Services Act 1992 (Cth) Copyright Act 1968 (Cth) ss 109, 136(1), 152, 154
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