MI2N
Music Industry News Network
WEDNESDAY, AUGUST 23RD
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

Roger D'arcy Release 'Ordinary Man' As The First Track From His New Album The House Of Heads On August 24

Hybrid Studios Joins Earthquaker Devices Studio Program

A Timeless Voice And A Violin - A Duet Like No Other

Caspar McCloud Releases First Acoustic Worship Album "Pictures Of Jesus"

Missing Link Music Signs Bluegrass Songwriter Of The Year Daryl Mosley

Missing Link Music Signs Jazz Icon Najee

The Village People's Iconic Cowboy Randy Jones Sets Summer On Fire With A Cascade Of Remixes For Single 'Hard Times'



MusicDish*China Song Blast
Promote Your Music Single In China

News Headlines
Mi2N EDITOR'S PICKS
» GoDigital Media Group Completes 20mm Series B Funding For Cinq Music
» Roland Virtual Sonics & Sony Pictures Post Production Services Collaborate On Development Of RAINLINK™ Virtual Music Application
» Warner Music Group Acquires Selected Songkick Assets
» Reach Records Announces The Launch Of New Video Series The Vault
» Musicians Support CLASSICS Act
» Rani Hancock Named President Of Sire Records
» Viberate Will Enable Musicians To Charge For Their Performances In Cryptocurrencies
» Submissions Open For The Music Producers Guild Awards 2018
» Suburban Symphony Release Debut Single "Stepping Stones" On Hilltown Records
» Missing Link Music Signs Jazz Icon Najee


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

Articles
MUSICDISH E-JOURNAL
» What's Next In Music? Focuses On China
» Because Acquires Majority Of Former London Records Catalogue
» BMG Expands In Canada To Build Its Records Business
» Live Nation Responds To Growing Demand For Electronic Music In Asia With New Business Unit
» Streaming Music Services Help UK Entertainment Double Its Growth Rate
» Paul Rosenberg Named CEO Of Def Jam Recordings
» PPL And PRS For Music Launch Music Recognition Technology Pilot
» Discogs Releases 2017 Mid-Year Marketplace Analysis Nielsen Vs. Discogs - Database Highlights
» MusicDish Review: Kenn Rowell Music Video "It's Good To Be Back"
» Fake Artists And Fake Streams: Fact Or Fiction?
» Legendary Rock Group Journey To Sponsor IndyCar Driver Ryan Norman
» Viberate Enables Musicians To Charge For Their Performances In Cryptocurrencies

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.