On 10 July 2007, the Copyright Tribunal of Australia published its reasons

for concluding that a scheme proposed by the Phonographic Performance

Company of Australia (PPCA) in relation to licences for the use of sound

recordings in nightclubs would be confirmed subject to the adjustment of the

licence fee proposed and the amendment of certain definitions.

PPCA, representing rights holders of recorded music and music videos, was

directed at that time to draft short minutes to give effect to the

Tribunal’s conclusions. However, the nightclub respondents disputed the way

PPCA’s draft short minutes dealt with the phasing in of the new licence fees

for nightclubs.

The Tribunal concluded that the scheme proposed by the Society should be

confirmed subject to changes of the definitions referred to in its earlier

reasons and subject to the substitution of licence fees for nightclubs as

follows: that the applicable fee in Year 1 would be $0.51 per patron, rising

each year over five years to $1.05 per patron in Year 5.

Phonographic Performance Company of Australia Limited under section 154(1)

of the Copyright Act 1968

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