Australasian Performing Rights Association Ltd v Hardware Lane Pty Ltd

Australasian Performing Rights Association Ltd (APRA) brought proceedings against Hardware Lane Pty Ltd (Hardware Lane) in the Federal Court of Australia. APRA, a collecting society, alleged that Hardware Lane had infringed its copyright by playing music in its licensed premises without obtaining the necessary licence from APRA. Hardware Lane denied the allegations, asserting that it had a valid licence from the Phonographic Performance Company of Australia (PPCA) which it contended was sufficient to permit the playing of music in its establishment.

The central legal issue before the Court was whether Hardware Lane's licence from PPCA provided a defence to APRA's claim for copyright infringement. Specifically, the Court had to determine if the PPCA licence covered the public performance of musical works, or if it was limited to the performance of sound recordings. This distinction was crucial because APRA held the copyright in the musical works themselves, while PPCA held the copyright in the sound recordings of those works.

The Court found that the PPCA licence, by its terms and the relevant provisions of the Copyright Act 1968 (Cth), only conferred rights in relation to the performance of sound recordings. It did not extend to the performance of the underlying musical works. Therefore, Hardware Lane's playing of music in its premises constituted an infringement of APRA's copyright in the musical works, notwithstanding its licence from PPCA. The Court applied the principle that copyright in a musical work and copyright in a sound recording of that work are distinct and are protected by separate provisions of the Copyright Act.

The Court ordered that Hardware Lane pay damages to APRA and granted an injunction restraining further infringement.