Phonographic Performance Co. of Australia (Ltd) v Evermore Entertainment Pty Ltd

The Phonographic Performance Company of Australia (PPCA) brought proceedings against Evermore Entertainment Pty Ltd and its director, Mr. Anthony D'Angelo, alleging breach of copyright in sound recordings through their public performance in a nightclub venue. The dispute arose after the PPCA made numerous attempts to resolve the matter, including prior attempts to secure a licence and a settlement agreement for previous breaches, which ultimately failed. The licence agreement had been terminated due to non-payment, yet the unlicensed use of sound recordings continued. The proceedings were heard in the Federal Magistrates Court of Australia.

The primary legal issue before the Court was whether Evermore Entertainment and Mr. D'Angelo had infringed the PPCA's copyright in sound recordings by authorising or procuring their public performance without a licence, thereby breaching section 115(4) of the *Copyright Act 1968* (Cth). The Court was also required to determine whether sufficient evidence existed to justify entering summary judgment against the respondents under rule 13.07 of the *Federal Magistrates Court Rules 2001* (Cth).

Lloyd-Jones J found that there was sufficient evidence before the Court to justify summary judgment. The Court reasoned that the respondents had continued to use sound recordings for public performance after the termination of their licence agreement and in the absence of any new licence, constituting an infringement of the PPCA's copyright. The Court applied the principles of copyright law concerning public performance and the liability for authorising such performances.

The Court ordered that judgment be entered against the respondents pursuant to rule 13.07 of the *Federal Magistrates Court Rules 2001* (Cth).