Commercial Radio License Appeal Rejected by the High Court
Monday 19 August 2013 @ 11.28 a.m. | IP & Media
The High Court of Australia rejected a leave of special appeal from Commercial Radio Australia to overturn a Federal Court decision that has made them liable to pay licensing fees on internet streaming radio broadcasts to copyright holders in Phonographic Performance Company of Australia Limited v Commercial Radio Australia Limited[2013] FCAFC 11.
The case has been ongoing for over four years and has found that internet simulcasts are not included in the Copyright Act 1968 definition of “broadcast” and as such license fees will need to be paid on those streams – on top of the existing broadcast fees.
The PPCA – a non-profit which collects license fees for public performance and broadcasting of copyrighted recordings and music videos – can now seek “commercial market rates” for these simulcast licences.
Today PPCA CEO Dan Rosen said, “This puts an end to the legal wrangling over payment for recorded music streamed on the internet. It confirms radio stations must pay a licence fee for streamed music and we hope to move quickly to work out a fair and proper licensing deal. We look forward to working with radio to establish equitable arrangements.”
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