Australasian Performing Right Association Limited v Escape Bar & Night Club Pty Limited & Anor

Australasian Performing Right Association Limited (APRA) brought proceedings against Escape Bar & Night Club Pty Limited and Mr. John G. Koutsoukis (the defendants) in the Federal Court of Australia. APRA, a copyright collecting society, alleged that the defendants had infringed its copyright in musical works by playing them at the Escape Bar without a licence. APRA sought an injunction and damages for the alleged infringement.

The primary legal issue before the Court was whether the defendants had infringed APRA's copyright in musical works by playing them at the Escape Bar. This involved determining whether the playing of the music constituted a "performance" of the musical works in public, and if so, whether the defendants were liable for authorising such performances or directly infringing the copyright. The Court also considered the scope of APRA's statutory rights and the defences available to the defendants.

In its reasoning, the Court examined the definition of "performance" and "public performance" under the Copyright Act 1968 (Cth). His Honour Judge Manousaridis found that the playing of music in the Escape Bar, which was accessible to the public, constituted a public performance of the musical works. The Court determined that the defendants, as the operators of the venue where the music was played, were liable for authorising the public performance of the musical works without a licence from APRA. The Court rejected arguments that the defendants were not aware of the copyright or that the music was played incidentally. The Court applied the principles established in cases concerning the liability of venues for the playing of copyrighted music, emphasising the responsibility of those who control the premises where such performances occur.

The Court ordered that the defendants were liable for infringement of APRA's copyright and granted an injunction restraining further infringement. The Court also ordered the defendants to pay damages to APRA, the quantum of which was to be determined at a later stage.