Overview per Jurisdiction
Australia
Governing Law & Dispute Resolution Mechanism

Copyright Act 1968 (Cth)

 


Is there a specialized dispute resolution body? Yes
Which Body? The Copyright Tribunal

The Copyright Tribunal is an independent body established by s.138 of the Copyright Act 1968 which has jurisdiction, on application by a licensee or a collecting society, to determine reasonable remuneration or royalties payable in respect of licenses for the exploitation of copyright.

Do the general courts have jurisdiction to determine reasonable license terms where they cannot be agreed? Yes
Which court? Federal Court of Australia; State Supreme Courts.

Both courts have jurisdiction in respect of copyright infringement actions. The courts in their discretion, award damages for infringement of copyright on the basis of a reasonable royalty.


Summary of Key Collecting Societies
Type of Licenses
TV Radio Online Production Mechanical Performance / Renting Live Events Products Others
APRA - Australasian Performing Right Association AMCOS - Australasian Mechanical Copyright Owners’ Society N/A N/A N/A N/A N/A N/A N/A N/A N/A
ARIA - Australian Recording Industry Association N/A N/A N/A N/A N/A N/A
ASDACS - Australian Screen Directors Authorship Collecting Society N/A N/A N/A N/A N/A N/A N/A N/A N/A
AWGACS - Australian Writers' Guild Authorship Collecting Society Ltd N/A N/A N/A N/A N/A N/A N/A
PPCA - Phonographic Performance Company of Australia Limited N/A N/A N/A
Screenrights – The Audiovisual Copyright Society Ltd. N/A N/A N/A N/A N/A N/A N/A


N/A - CMO does not offer this type of license

APRA AMCOS: Please visit http://apraamcos.com.au/ for licensing information.

 



Level of Activity

The local collecting societies are generally active.

Contributors / Coordinators

Both Baker & McKenzie and WIPO coordinated and/or contributed content for this chapter. For more information on the relevant CMOs, please contact the CMOs directly.


Robert Arnold
Baker & McKenzie
Sydney
Robert.Arnold@bakermckenzie.com
T: + 61 2 8922 5540