Audio-Visual Copyright Society Ltd Summary

COPYRIGHT TRIBUNAL OF AUSTRALIA
Audio-Visual Copyright Society Ltd [2000] ACopyT 4
APPLICATION BY AUDIO-VISUAL COPYRIGHT SOCIETY LIMITED
BURCHETT P
4 MAY 2000
SYDNEY
COMMONWEALTH OF AUSTRALIA
COPYRIGHT ACT 1968

IN THE COPYRIGHT TRIBUNAL

CT 1 OF 1999

APPLICATION BY:

AUDIO-VISUAL COPYRIGHT SOCIETY LIMITED for a declaration under s153F of the Copyright Act 1968

TRIBUNAL:

BURCHETT P

PLACE:

SYDNEY

DATE:

4 MAY 2000

EX TEMPORE REASONS FOR DECISION

In this matter, an application is made under s 153F of the Copyright Act 1968. The evidence in support of the application addresses each of the matters required to be addressed by the terms of that section. All appropriate parties have been notified and none has appeared to oppose the application. There has been filed on behalf of the Commonwealth of Australia a submission which supports the application, and I should add the support has been by no means a mere formality. On the contrary, officers of the Commonwealth have raised issues, and plainly the matter was the subject of careful consideration before that support was forthcoming, finally in the form of the document which was filed yesterday.
Having regard to the evidence, I am satisfied that it is appropriate to make the declaration sought, and that I should do so. Short minutes of order have been submitted to me and, with a minor alteration required by the terms of s 153F(7), I make orders one and two as contained in the short minutes, note the matter set out in para four, and initial and date the short minutes accordingly.
I direct the Applicant to lodge with the Secretary, as soon as possible, a form which the Applicant suggests would be appropriate for the publication of the declaration to be published in the Gazette.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Decision herein of the Copyright Tribunal constituted by Burchett P.
Associate to the President:
Dated: 12 May 2000

Counsel for the Audio-Visual Copyright Society Ltd: Mr N Manousaridis

Solicitor for the Audio-Visual Copyright Society Ltd: Mr L W Docker

Date of Hearing: 4 May 2000

Date of Decision: 4 May 2000

CaseChat Overview and Summary

The Audio-Visual Copyright Society Limited applied to the Copyright Tribunal of Australia for a declaration under section 153F of the Copyright Act 1968. The application was made by the Audio-Visual Copyright Society Limited, and the Tribunal was presided over by Burchett P in Sydney on 4 May 2000. The Commonwealth of Australia supported the application, having carefully considered it before providing its support. The Tribunal was required to determine whether the application met the criteria set out in section 153F of the Copyright Act 1968. The Tribunal found that the evidence provided in support of the application addressed all the necessary matters required by the section. As no party opposed the application, and the Commonwealth's support was not a mere formality, the Tribunal was satisfied that it was appropriate to make the declaration sought. The Tribunal made the orders as contained in the submitted short minutes, with a minor alteration required by section 153F(7). The Audio-Visual Copyright Society Limited was directed to lodge a form for the publication of the declaration in the Gazette with the Secretary as soon as possible. The Tribunal certified that the preceding three paragraphs were a true copy of the Reasons for Decision.

Audio-Visual Copyright Society Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

APPLICATION BY:	*AUDIO-VISUAL COPYRIGHT SOCIETY LIMITED for a declaration under s153F of the Copyright Act* 1968**
TRIBUNAL:	BURCHETT P
PLACE:	SYDNEY
DATE:	4 MAY 2000

Counsel for the Audio-Visual Copyright Society Ltd:	Mr N Manousaridis
Solicitor for the Audio-Visual Copyright Society Ltd:	Mr L W Docker
Date of Hearing:	4 May 2000
Date of Decision:	4 May 2000