EMI Music Australia Pty Ltd v Federal of Australian Commercial Television Stations

The matter involved a reference to the Federal Court by the Copyright Tribunal in relation to a dispute between record companies, Phonographic Performance Company of Australia Limited, and the Federation of Australian Commercial Television Stations. The applicants sought an order determining the amount payable by commercial television licensees for broadcasting sound recordings. The dispute centred on the interpretation of sections of the Copyright Act 1968, specifically whether the broadcast of a film that embodied a sound recording in its sound-track constituted a broadcast of the sound recording. The applicants argued that the broadcast of the film constituted a broadcast of the sound recording, while FACTS contended that the sound-track was excluded from the definition of 'sound recording' and that the broadcast of the film did not constitute a broadcast of the sound recording. The Court found that the broadcast of the film did constitute a broadcast of the sound recording and answered the questions posed by the Tribunal in the affirmative. The Court also ordered FACTS to pay the costs of the applicants and PPCA of the reference.