Federal Court of Australia
COPYRIGHT TRIBUNAL OF AUSTRALIA
Phonographic Performance Company of Australia Limited under s 154(1) of the Copyright Act 1968 (Cth) (No 2) [2017] ACopyT 1 File number: CT 1 of 2012
The Tribunal: PERRAM J (DEPUTY PRESIDENT) PROFESSOR MCMILLAN (MEMBER)
Date of decision: 21 July 2017
Catchwords: COPYRIGHT – licences – proposed licensing scheme under s 154(1) of Copyright Act 1968 (Cth) – scheme for use of sound recordings by subscription television broadcasters – whether Tribunal may approve scheme permitting use in circumstances where collecting society's members have not licensed it for that use – non-price terms – streaming – on-demand offerings
Legislation: Broadcasting Services Act 1992 (Cth) Part 2 Copyright Act 1968 (Cth) ss 111, 136(1), 154(4), 159(1)
Cases cited: Phonographic Performance Company of Australia Limited under s 154(1) of the Copyright Act 1968 (Cth) [2016] ACopyT 3
Date of hearing: Determined on the papers
Date of last submissions: 30 September 2016 (Applicant) 30 September 2016 (Foxtel)
Registry: New South Wales
Category: Catchwords
Number of paragraphs: 62
Counsel for the Applicant: Mr C Dimitriadis and Ms F Roughley
Solicitor for the Applicant: Gilbert + Tobin
Counsel for Foxtel Management Pty Ltd: Mr N R Murray
Solicitor for Foxtel Management Pty Ltd: Minter Ellison
COMMONWEALTH OF AUSTRALIA Copyright Act 1968 IN THE COPYRIGHT TRIBUNAL CT 1 of 2012
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