Senate Committee to Investigate Simulcasts and Effectiveness of Current Laws
Wednesday 27 March 2013 @ 9.32 a.m. | IP & Media
We recently posted a report on Phonographic Performance Company of Australia Limited v Commercial Radio Australia Limited [2013] FCAFC 11 (13 February 2013) a case in which it was claimed that "simultaneous transmissions" (simulcasts) using both broadcasting services bands and internet streaming for radio programs including sound recordings breached broadcasting licences and copyright.
The content of the radio program made available using both the internet and broadcasting services bands has been a question debated for a while and one where technology has again gotten ahead of the law. As a result of concerns arising from the debate the Senate Standing Committee on Environment and Communications has on 21 March 2013 received a reference to inquire into the matter.
The Phonographic Case turned on issues of copyright and licences, with the appeal focusing on the definition of 'broadcasting service' in s 6(1) of the Broadcasting Services Act 1992 (Cth).
The Committee is to report by 1 June 2013 on the effectiveness of current regulatory arrangements under the Broadcasting Services Act 1992 (Cth) and the Copyright Act 1968 (Cth) in dealing with the simultaneous transmission of radio programs using the broadcasting
services bands and the Internet ('simulcast'), including: the impact of current regulation
on stakeholders, including broadcasters, copyright holders, including both publishing
and performance rights holders, and the audience; and, any related matter.
Sources
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