Licensing recorded music

While the European Commission is trying to reduce the number of licensors you have to deal with (and so reduce transaction costs), the Australian legislation as interpreted by the courts is causing them to proliferate: IPKat on┬áMax Planck comments on draft directive on collective rights management Phonographic Performance Company of Australia Limited v Commercial Radio […]

PPCA v Commonwealth

The High Court has rejected the constitutional challenge to the validity of the “1%” cap on licence fees payable by broadcasters to the record companies on very narrow and specific grounds. Section 109 of the Copyright Act 1968 provides a compulsory licence for the broadcasting to the public of sound recordings. Section 152, however, caps […]

Simulcasting radio broadcasts over the internet

Foster J has ruled that radio stations do not have to pay an additional licence fee to the record companies for simultaneously transmitting their radio broadcasts over the internet. If you want to understand how recorded music is licensed to the radio stations, this is a good place to start. The broadcasting of recorded music […]

Recorded music royalties at the gym

The Copyright Tribunal has ordered a very significant increase in the licence fees payable by fitness clubs for the use of recorded music. At this stage, there seems to be press reports only: The old fee was 96.8c per person attending the class, capped at $2654 per year. The new fee will be $15 per […]

ASCAP, AT&T and ringtones

ASCAP is suing AT&T in the USA for copyright infringements when an AT&T subscriber’s phone plays a ringtone. ASCAP is a collecting society for public performance and broadcast rights. It alleges that when the subscriber receives a phone call in, say, a restaurant and the phone plays a ringtone it is a performance in public […]