MI2N
Music Industry News Network
MONDAY, MAY 22ND
Advanced Search
MusicDish Advertising Network
HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Business News (more headlines) 03-28-2012

High Court Upholds 1% Cap On Broadcast Royalties For Sound Recordings

Bookmark and Share
The High Court has handed down its decision in Phonographic Performance Company of Australia Limited (PPCA) & Ors v Commonwealth of Australia & Ors.

The case concerns the cap in the Copyright Act 1968 for royalties payable for the radio broadcast of sound recordings. While price caps are a common form of economic regulation, the caps in the Copyright Act are unusual in that they are not underpinned by any discernable economic formula. For example, the cap for commercial radio broadcasts is 1% of the gross earnings of the broadcaster (section 152(8)(b)).

The Howard Government had announced its intention to lift the cap on broadcast royalties for sound recordings as part of its 2006 amendments to the Copyright Act. However, this change did not appear in the final draft of amendments.

PPCA, the copyright collecting society representing owners of copyright in sound recordings, brought the matter to the High Court. They argued that the inclusion of the cap in the 1968 Act amounted to an acquisition of the property of the owners of copyright in sound recordings other than on "just terms" and was therefore in contravention of section 51 (xxxi) of the Constitution. The Defendants (the Commonwealth, Commercial Radio Australia and the ABC) argued that there was no acquisition of property given that the legislation in force prior to the 1968 Act did not create a broadcast right. They further argued that even if there was an acquisition of property, it was consistent with the kind of adjustment envisaged by s 51(xxxi) of the Constitution.

The High Court has today confirmed the constitutional validity of the cap.

Bookmark and Share

back | top



MusicDish Advertising Network

Mi2N Music PR

Amsterdam Dance Event Announces Spotlight On Morocco And Hello DeLaMar, ADE Changes Venue

Deadline Looms - The 22nd Annual USA Songwriting Competition

Earl And The Steadies To Play In Seoul For "Back To The Retro" Party

HISTORIAN Shares Haunting New Video For "Rain (The End Of Another Era)"

Punk Supergroup The Mutants Announce Shows In Las Vegas And California

"Feel The Heat"

Hybrid Studios Donates To KX 93.5 Fundraiser Drive



MusicDish*China Song Blast
Promote Your Music Single In China

News Headlines
Mi2N EDITOR'S PICKS
» RIAA Reports 2016 Year-End Music Industry Revenues
» James Gadson Adds Lauten Audio 'Series Black' To His Studio After Lauten Founder Flubs Famous Introduction
» TuneGO Inc. Launches Record Label TuneGO Music Group, Inc.
» "Here Comes The Rain" By Ric Zweig
» Google Play Music Launches First Original Podcast Series
» The Production Music Association Names Adam Taylor As Its New Chairman
» New Music Industry Social / Career / Connection Web Site
» CUT CONNEX URBAN MUSIC CONVENTION AND AWARD SHOW MAY 6th & 7th
» The Next Big Music Invasion Arrives From Portugal Via Leaky Sync And Idobi Network
» The GroovaLottos Sign With Wakeby Fire & Associates


Get your music news covered...
Have your press release written
by the pros at Mi2N

Articles
MUSICDISH E-JOURNAL
» A2LiVE Welcomes Eric Reithler-Barros As New Managing Director And CCO
» Jackson Wong Named As Managing Director Of Warner Music China
» Avex Group Rediscovers Mainland China Market
» Peermusic And Hamshore Tang Win Lawsuit Against Chinese Label YY
» Earl & The Steadies Sign With MusicDish For Representation In China
» Armada Night - China
» NYC's Chinese-American MC Bohan Phoenix Releases New EP 'JALA'
» Music Marketing Agency Syn Launches Beijing Office
» Warner/Chappell Production Music Promotes Aaron Gant To Senior Vice President Of Production
» World Blues & Roots Band Harper And Midwest Kind China Tour
» ASCAP Expands Asia-Pacific Strategy
» Why Do So Many Music Technology Startups Fail?

Mi2N's Music PR distribution service guarantees online exposure for your press release. Choose from seven (7) different packages.


HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Copyright © 1997-2017 MusicDish LLC, all rights reserved. Text, graphics, and HTML code are protected by US and International Copyright Laws, and may not be copied, reprinted, published, translated, hosted, or otherwise distributed by any means without explicit permission.