Australasian Performing Right Association Ltd v Metro on George Pty Ltd

Australasian Performing Right Association Ltd (APRA) initiated legal proceedings against Metro on George Pty Ltd, a live music venue in Sydney, for copyright infringement. APRA alleged that Metro infringed its copyright by hosting live performances of musical works without the necessary licences. The case centred on whether Metro authorised the infringement of APRA's copyright by permitting performances without the required licences. APRA asserted that Metro, by hosting live performances, permitted the unauthorised use of its copyrighted works, thereby infringing APRA's exclusive rights under the Copyright Act 1968 (Cth). The court examined whether Metro had the power to prevent the infringements, the nature of its relationship with the promoters of the performances, and whether Metro took reasonable steps to prevent or avoid the infringements.

The court found that Metro had the power to prevent the unauthorised performances but failed to do so, effectively sanctioning the infringements. It was established that Metro had reasonable grounds to suspect that the performances might infringe APRA's copyright, especially after receiving notification from APRA. The court determined that Metro's inaction and its stance that licensing was the responsibility of APRA and the promoters amounted to authorisation of the infringements. The court held that Metro permitted the venue to be used for performances that constituted copyright infringement, as it had the power to prevent such performances but chose not to act. The court rejected the defence that Metro was unaware of the need for a venue licence, as it had been notified by APRA well before the performances took place.

The court concluded that Metro authorised the infringement of APRA's copyright by permitting the unauthorised performances and failed to take reasonable steps to prevent them. Consequently, the court found Metro liable for copyright infringement under the Copyright Act. The court also held that Mr. Doughty, a director of Metro, was personally liable for the infringements due to his knowledge and involvement in the decision-making process that led to the infringements. The court ordered Metro to pay damages to APRA for the infringements and held Mr. Doughty personally liable for contributing to the infringements.