Phonographic Performance Company of Australia Ltd v Hairy Little Sista Pty Ltd

The Phonographic Performance Company of Australia Ltd (PPCA) brought proceedings against Hairy Little Sista Pty Ltd (HLS) in the Federal Court of Australia. The dispute concerned allegations that HLS had infringed PPCA's copyright in sound recordings by playing them in its licensed premises without obtaining the necessary licence from PPCA. PPCA is the collecting society responsible for administering the copyright in sound recordings in Australia.

The primary legal issue before the Court was whether HLS had engaged in the "communication of sound recordings to the public" by playing music in its premises, thereby infringing PPCA's exclusive rights under the *Copyright Act 1968* (Cth). This involved determining the scope of the exclusive right of communication and whether HLS's actions constituted such a communication, particularly in the context of a licensed venue where patrons could hear the music.

Judge Baird reasoned that the playing of sound recordings in HLS's premises constituted a communication to the public. The Court applied the principles established in copyright law regarding the communication right, finding that the act of making the sound recordings audible to patrons within the premises amounted to a communication. The Court considered the nature of the venue and the audience, concluding that the playing of the music was not merely incidental but was an integral part of the experience offered to customers, and therefore constituted a communication to the public.

The Court found that HLS had infringed PPCA's copyright and ordered HLS to pay damages and costs.