Phonographic Performance Company of Australia Ltd v Cattch Pty Ltd

The Phonographic Performance Company of Australia Ltd (PPCA) brought proceedings against Cattch Pty Ltd (First Respondent), Mr. Anthony Catt (Second Respondent), and Ms. Simone Catt (Third Respondent). The dispute concerned the alleged unauthorised public performance of sound recordings for which PPCA held licences. The matter was heard in the Federal Court of Australia before Judge Raphael.

The primary legal issue before the Court was whether the Respondents had infringed PPCA's copyright in sound recordings by playing them in public without a licence. This involved determining whether the Respondents' actions constituted an infringement under the *Copyright Act 1968* (Cth), and if so, what remedies were available to PPCA, including damages and injunctive relief.

Judge Raphael found that the Second and Third Respondents had indeed infringed PPCA's copyright. The Court reasoned that the Respondents had caused or authorised the playing of sound recordings licensed to PPCA in public without the necessary licence. Consequently, the Court ordered that the Second and Third Respondents be permanently restrained from such unauthorised public performances. In addition, the Court awarded PPCA damages under section 115(2) of the *Copyright Act 1968* (Cth) in the sum of $2,074.59, and further awarded additional damages under section 115(4) of the Act in the sum of $60,000.00. The Second and Third Respondents were also ordered to pay PPCA's costs. The proceedings were dismissed against the First Respondent with no order as to costs.