Australasian Performing Right Association Ltd v Commonwealth Bank of Australia

The case of Australasian Performing Right Association Ltd v Commonwealth Bank of Australia involved the Australasian Performing Right Association (APRA), a collecting society for musical works, and the Commonwealth Bank of Australia (CBA), who were alleged to have infringed APRA's rights by publicly performing a musical work without a licence. The dispute was heard and decided by the Federal Court of Australia. APRA sought a declaration that CBA had infringed its copyright by performing the musical work "Scratch Beat" on 22 October 1991 at its Waverley premises, as well as an order for damages and an injunction.

The legal issues before the court included the interpretation of section 31(1)(a)(iii) of the Copyright Act 1968, which pertains to the exclusive rights of the copyright owner in relation to musical works. Specifically, the court had to determine the natural and ordinary meaning of this provision and whether it granted a monopoly right. The court also had to consider the relevance of pre-1968 decisions in interpreting the Act. APRA argued that the statutory provision granted a monopoly right, while CBA contended that it did not.

The court found that the natural and ordinary meaning of section 31(1)(a)(iii) of the Copyright Act did not grant a monopoly right. Instead, it conferred a limited right to authorise the public performance of musical works. The court held that the pre-1968 decisions, while potentially persuasive, were not binding and did not decisively resolve the issue. The court emphasised the importance of interpreting the statutory language in its contemporary context and in light of the broader objectives of the Copyright Act.

The court dismissed APRA's application for an injunction and damages but declared that CBA had indeed performed the musical work "Scratch Beat" without APRA's licence on the specified date and location. The court also ordered CBA to pay APRA's costs.