gyms

The fee for using music in gyms

1 Comment / Copyright / / / , , , ,

Back in May, the Copyright Tribunal bumped up the fee payable for using recorded music in gym classes to $15 a class or $1 per attendee.

The Full Court has an allowed an “appeal” from that decision on the grounds of denial of natural justice. In setting the rate, the Tribunal had rejected the market survey relied on by the applicants, but had used the ‘rough and ready’ “pilot”. When the applicants opened the case, however, they expressly disavowed reliance on that first “pilot”. The subsequent evidence of the gym clubs referring to the survey was not sufficient to make it part of the case.

In short, the Full Court’s ruling does not affect principle (at least in terms of how much to pay); it is “procedural”, requiring the Tribunal to set the rate based on the material before it.

Fitness Australia Ltd v Copyright Tribunal [2010] FCAFC 148

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Recorded music royalties at the gym

5 Comments / Copyright / / / , , , , ,

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 class or $1 per attendee.

This is just the fee payable to the record company, not the fee for the composition payable to APRA.

Presumably it follows on the striking recalibration effected in the Hotels case.

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