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.