Gilbert + Tobin represented The Phonographic Performance Company of Australia (PPCA) in its successful appeal to the Federal Court of Australia against Commercial Radio Australia which represents the interests of commercial radio broadcasters in Australia.
On 13 February 2013, the full bench of the Federal Court handed down a unanimous judgment overturning a previous ruling and finding that artists and recording labels are entitled to seek licence fees from radio stations for music streamed via internet simulcasts.
The decision affirms that internet simulcasts of radio programs fall outside the definition of a “broadcast” under the Copyright Act and are not covered by existing broadcast licences granted to Australian commercial radio stations. PPCA can now negotiate a separate licence for this activity and one which is not bound by the controversial statutory cap which limits the maximum amount commercial radio operators can be asked to pay for broadcasting music to just one per cent of their gross income.
Lead partner Siabon Seet said, “Our team is very pleased to have played a role in obtaining such a significant result for the recording industry which opens the way for artists and labels to receive a fairer return for the use of their music in the online environment.”
The Full Court’s decision means that commercial radio stations will now be on a level playing field with other music streaming and online service providers when it comes to seeking a licence from music copyright owners.
The Gilbert + Tobin team was led by partner Siabon Seet and lawyer Will Aplin.
