PPCA v Jabouri Brothers Pty Ltd

[2011] FMCA 799

FEDERAL MAGISTRATES COURT OF AUSTRALIA

PPCA & ORS v JABOURI BROTHERS PTY LTD & ORS [2011] FMCA 799

COPYRIGHT – Breach of copyright in sound recordings by the public performance of them in clothing stores – assessment of compensatory and additional damages.

PRACTICE AND PROCEDURE – Default judgment – failure to file a response to the principal application.

Copyright Act 1968 (Cth), ss.115, 126
Federal Magistrates Court Rules 2001 (Cth)

APRA v Cougars Tavern [2008] FMCA 369
Aristocrat Technologies Australia Pty Limited v D.A.P. Services (Kempsey) Pty Limited (In Liquidation) [2007] FCAFC 40
Australasian Performing Rights Association Ltd v Jain (1990) 26 FCR 53
Australasian Performing Rights Association Ltd v Metro on George Pty Ltd and Ors (2004) 61 IPR 575
Autodesk Australia Pty Ltd v Cheung (1990) 17 IPR 69
Autodesk Inc v Yee (1996) 68 FCR 391
Azzopardi v R (2001) 205 CLR 50
Blatch v Archer (1774) 1 Cowp 63
Foxtel Management Pty Limited v The Mod Shop Pty Ltd [2007] FCA 463
Fraserside Holdings v Venus Adult Shops [2005] FMCA 997
General Tire and Rubber Co v Firestone Tyre and Rubber Co Ltd [1975] 1 FSR 273; [1976] RPC 1
Grebo Meters Ltd v Metropolitan Gas Meters Ltd (1911) 28 RPC 157
Henley Arch Pty Ltd v Clarendon Homes (Aust) Pty Ltd (1998) 41 IPR 443
Hunter v Fitzroy Robinson and Partners [1978] 4 FSR 167
Kalamazoo (Aust) Pty Ltd v Compact Business Systems Pty Ltd [1990] 1 Qd R 231
Microsoft Corporation v Ezy Loans Pty Ltd [2004] FCA 1135
Microsoft Corporation v Glostar Pty Ltd (2003)57 IPR 518
Microsoft Corporation v Goodview Electronics (2000) 49 IPR
PPCA v Adelaide City Entertainment [2005] FMCA 923
PPCA v All Girls Entertainment [2010] FMCA 593
Raben Footwear Pty Ltd v Polygram Records Inc (1997) 75 FCR 88
Raben Footwear Pty Ltd v Polygram Records Inc & Anor (1997) 145 ALR 1
Ravenscroft v Herbert and New English Library [1980] RPC 193
Sega Enterprises Ltd v Galaxy Electronics Pty Ltd (1998) 39 IPR 577
Stovin-Bradford v Volpoint Properties Ltd [1971] 1 Ch 1007
Universal Music v Hendy Petroleum [2003] FMCA 373
Universal Music Australia Pty Ltd v Miyamoto [2004] FCA 982
Zero Tolerance Entertainment Inc & Ors v Venus Adult Shops Pty Ltd & Ors [2007] FMCA 155

First Applicant:

PHONOGRAPHIC PERFORMANCE COMPANY OF AUSTRALIA LIMITED

(see attachment)

First Respondent: JABOURI BROTHERS PTY LTD

Second Respondent: AZAM JABOURI

Third Respondent: OMAR JABOURI

File Number: SYG 1128 of 2011

Judgment of: Driver FM

Hearing date: 13 October 2011

Delivered at: Sydney

Delivered on: 13 October 2011

REPRESENTATION

Counsel for the Applicant: Mr S Balafoutis

Solicitors for the Applicant: Phonographic Performance Company of Australia Limited

The Second Respondent appeared in person

INTERLOCUTORY ORDERS

(1)On the Application in a Case filed on 29 August 2011, the Court gives judgment against the respondents pursuant to rule 13.03B of the Federal Magistrates Court Rules 2001 (Cth).

(2)The respondents, whether by themselves, their servants, agents or otherwise, be permanently restrained from causing or authorising any of the Identified Infringing Recordings performed in public without the licence of the relevant applicants.

(3)Pursuant to s.115(2) of the Copyright Act 1968 (Cth), the respondents are to pay compensatory damages in the amount of $1,844.48.

(4)Pursuant to s.115(4) of the Copyright Act 1968 (Cth), the respondents are to pay additional damages, fixed in the amount of $30,000.

(5)The respondents are to pay the applicant’s costs and disbursements of and incidental to the Application and the Application in a Case, fixed in the sum of $8,200.

Identified Infringing Recordings:

Artist	Title
Cascada	Evacuate the Dance Floor
Calvin Harris	I’m Not Alone
Groove Armada	I See You Baby
Eurythmics	Sweet Dreams
Rihanna	Don’t Stop the Music
Dizzee Rascal & Armand Van Helden	Bonkers
Usher	More
Jay Z feat Rihanna	Run This Town
Drake	The Best I Ever Had

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYG 1128 of 2011

PHONOGRAPHIC PERFORMANCE COMPANY OF AUSTRALIA LIMITED

First Applicant

(see attachment)

And

JABOURI BROTHERS PTY LTD

First Respondent

REASONS FOR JUDGMENT

(revised from transcript)

Introduction and background

1.I have before me an Application in a Case filed on 29 August 2011 seeking default judgment, pursuant to rule 13.03B of the Federal Magistrates Court Rules 2001 (Cth) (“the Federal Magistrates Court Rules”) or in the alternative, summary judgment pursuant to rule 13.07 of the Rules.

2.

The principal proceedings were commenced by application filed on

3 June 2011 under the Copyright Act 1968 (Cth) (“the Copyright Act”). That application seeks relief in respect of the asserted infringement of copyright in sound recordings performed in public. The application seeks declaratory relief, a permanent restraining order, compensatory and additional damages, interest and costs. The application for declaratory relief has not been pressed, but the application is pressed in the remainder.

3.

No response to the principal application has been filed.  The respondents have not filed an address for service and the respondents have not appeared together at any stage in the proceedings.  One respondent, Mr Assam Jabouri, appeared on his own behalf for the purposes of today’s hearing.  Having regard to order made by me on

11 July 2011, the lack of a response to the principal application and a lack of any meaningful participation by the respondents in the proceedings to this point satisfies me that the applicants are entitled to default judgment.  The Court must nevertheless give consideration to the entitlement to relief in the principal proceedings.

4.The issues in the principal application are dealt with in the applicants’ written submissions filed in Court by leave today.  I generally accept those submissions and adopt them for the purposes of this judgment with some qualifications. 

5.The principal application by the first applicant (PPCA) and the remaining applicants (Record Companies) alleges that the first respondent (Jabouri), the second respondent (Azam) and the third respondent (Omar) have infringed the Record Companies’ copyright in certain sound recordings.  Azam has been a director and secretary of Jabouri since 7 August 2001.[1]  Omar has been a director of Jabouri since 15 March 2005.[2]  Azam and Omar are the only shareholders in Jabouri.

[1] Affidavit of Lynne Small, sworn 3 June 2011, (Small), exhibit LS1 (LS1), p75.

[2] LS1, page 75.

6.The right which is alleged to be infringed is conferred by s.85(1)(b) of the Copyright Act. Namely, the right to cause the sound recordings to be heard in public.

7.Jabouri owns and operates a clothing retail chain (Voodoo Clothing) operating in at least seven locations in New South Wales.  The stores are located in Centro Bankstown, Castle Hill Towers, Liverpool Westfield, Macarthur Square, Miranda Westfield, Penrith Westfield and Wollongong Crown.[3] 

[3] Small, [31].

8.It is alleged that, without a licence provided by the Record Companies and PPCA, the respondents have caused sound recordings owned or controlled by the Record Companies to be publicly performed at the Voodoo Clothing stores since at least late November 2006.  In late November 2006, an employee of PPCA heard sound recordings being played in a Voodoo Clothing store.[4] 

[4] Small, [44].

9.The Record Companies and PPCA seek damages and orders restraining the respondents from causing their sound recordings to be played by the respondents in public. Pursuant to Input Agreements entered into between PPCA and the Record Companies, PPCA is entitled to commence proceedings in connection with the infringement of the Record Companies’ rights.[5]

[5] Small, [19]. 

10.As the holder of a non-exclusive licence, PPCA can sue for breach of copyright if it joins the owner of the copyright as a co-plaintiff: Sega Enterprises Ltd v Galaxy Electronics Pty Ltd (1998) 39 IPR 577 at 581-2. It is for this reason that PPCA has joined all the Record Companies as applicants. PPCA adopted a similar procedure in PPCA v Adelaide City Entertainment [2005] FMCA 923 (Adelaide City) and PPCA v All Girls Entertainment [2010] FMCA 593 (All Girls).

11.I accept the background history provided by the applicants and the evidence in support of the attempts by the applicants to resolve the issue of licence fees for the public performance of the sound recordings in issue.  I accept that copyright subsists in the relevant works and that the copyright has been infringed by the respondents.

12.

I further accept that the applicants are entitled to compensatory damages.  Indeed, I received as an exhibit a document apparently emanating from the company and signed by Assam Jabouri on

12 September 2011 enclosing a cheque for the sum of $1,844.48, which is the sum ultimately claimed as compensatory damages, pursuant to s.115(2) of the Copyright Act. The parties have, in more recent times, been in discussions concerning these proceedings notwithstanding the fact that the respondents have not participated in a formal way in the proceedings to date by compliance with the Court’s orders.

13.I accept that the respondents, perhaps rather late and in a desultory way, sought to resolve the case.  However, no resolution has been achieved.  The main issue between the parties in those discussions has apparently been the issue of costs.  However, perhaps more significantly there is an issue of additional damages which was raised in the original application and on the evidence, which I accept, was raised prior to the proceedings in correspondence.  In addition to the affidavit evidence relied upon by the applicants, I accepted a further bundle of documents as an exhibit (exhibit A1).

Application for default judgment or alternatively summary judgment

14.The applicants commenced the principal proceedings on 3 June 2011. 

15.On 27 June 2011, there was a directions hearing in the matter attended by the applicants’ lawyers and Omar Jabouri.  The matter was adjourned until 11 July 2011.[6]

[6] Affidavit of Anna Killick, 26 August 2011, (Killick Affidavit), [11].

16.On 11 July 2011, the next directions hearing in the matter was attended by the applicants’ lawyer but nobody representing any of the respondents appeared.  The Court made orders for the progress of the matter including orders requiring the respondents to file and serve a response no later than 25 July 2011 and giving the applicants liberty to apply for default judgment if the respondents did not file a response by the required date.

17.The respondents did not file a response by 25 July 2011 and have not filed any response (or any other document[7] including a notice of appearance).

[7] Apart from the document referred to at [12] above.

18.On 29 August 2011, the applicants filed an application for default judgment, or alternatively summary judgment, against the respondents. 

19.Rule 13.03A of the Federal Magistrates Court Rules states that a respondent is in default if it fails to comply with an order of the Court. The respondents are in default because they failed to file a response within the time specified or at all.

20.Rule 13.03B(2)(d) of the Federal Magistrates Court Rules provides that if the respondent is in default, the Court may give any judgment or make any order against the respondent.

21.Rule 13.07 of the Federal Magistrates Court Rules provides for summary judgment. The rule provides that, if in a proceeding:

(a)there is evidence of the facts on which the claim is based; and

(b)either:

(i)there is evidence given by a party or by some responsible person that the opposing party has no answer to the claim; or

(ii)the Court is satisfied that the opposing party has no reasonable prospect of successfully defending the claim,

the Court may give judgment on that claim and make any orders or directions that the Court considers appropriate.

22.In support of their application, the Record Companies and PPCA rely upon the affidavits of Lynne Small (filed on 3 June 2011), Youstina Palmiotto (filed on 3 June 2011), Jakub Marcinec (filed 3 June 2011) and Anna Killick (filed 29 August 2011).

Subsistence and ownership of copyright

23.The applicants’ action is brought pursuant to Part V of the Copyright Act. Section 126 of the Copyright Act, which is contained within Part V, sets out two presumptions that the applicants rely upon.

24.First, copyright is presumed to subsist in the subject matter to which the action relates if the respondent does not put the question of subsistence of copyright in issue. 

25.Secondly, where the subsistence of copyright is established, the plaintiff shall be presumed to be the owner of the copyright if he or she claims to be the owner of the copyright and the respondent does not put the question of ownership of copyright in issue.

26.In these proceedings, the Record Companies have claimed to be the owners of the copyright in the nine sound recordings.[8]  The respondents have not responded to the application and neither question has been put in issue. 

[8] Small, [34]-[37].

27.The application of these presumptions means that, for the purpose of these proceedings, the Record Companies have established that each of them owns the copyright in the relevant sound recordings and that copyright subsists in those sound recordings.[9] 

[9] These presumptions have been applied in a number of cases including Universal Music v Hendy Petroleum [2003] FMCA 373 at [5]; Microsoft Corporation v Goodview Electronics (2000) 49 IPR at 584 per Branson J.

Infringement of copyright

28.The evidence establishes that none of the Record Companies have issued a licence to the respondents to cause any of their sound recordings to be heard in public.  The PPCA has also not issued a licence of any nature to the respondents.[10]

[10] Small, [34] and [35].

29.The affidavits of Youstina Palmiotto, filed on 3 June 2011, and Jakub Marcinec filed on 3 June 2011 provide direct evidence that Voodoo Clothing stores have been causing at least nine sound recordings of the Record Companies to be heard in public without a licence: 

a)at paragraph 13 of his affidavit, Mr Marcinec gives evidence that he heard six sound recordings played in Voodoo Clothing’s Westfield Miranda store on 30 October 2009; and

b)at paragraph 12 of her affidavit, Ms Palmiotto gives evidence that she heard three sound recordings played at Voodoo Clothing’s Westfield Miranda store on 24 February 2011. 

30.In addition to the infringements that occurred on 30 October 2009 and 24 February 2011, on the basis of the evidence set out below the Court may comfortably infer that Jabouri has been infringing the Record Companies’ copyright by causing or authorising the Record Companies’ sound recordings to be heard in public without their licence since at least late November 2006.

31.First, at least some of the Voodoo Clothing stores have been in operation since at least November 2006.  This is established by the following evidence:

a)PPCA’s employee, Catherine Middleton, visited the Macarthur Square Voodoo Clothing store on 23 November 2006;[11]

b)Ms Middleton made a file note on 8 December 2006 also stating that there was a Voodoo Clothing store located at Castle Towers;[12]

c)the front page of Voodoo Clothing’s website contains a notice “Copyright 2006 Voodoo Clothing Australia”;[13] and

d)Azam sent to PPCA an email on 18 August 2011 attaching leases providing trading periods for three of the Voodoo Clothing stores.  That email showed that Centro Westfield opened later than 2006, Penrith Westfield opened in 2005 and Wollongong Crown opened later than 2006.  Azam did not dispute that the other Voodoo Clothing stores opened in 2006.

[11] Small, [44] and [47].

[12] Small, [46].

[13] Small, [31].

32.Secondly, one or more of the respondents, most likely Jabouri, have owned and operated all the Voodoo Clothing stores at all relevant times.  This may be comfortably inferred from the following evidence:

a)the leases provided by Azam on 18 August 2011 show that Jabouri was the lessee of the three Voodoo Clothing stores – the Penrith Westfield lease dated March 2005 describes Jabouri’s trading name as “Voodoo”;

b)the principal place of business of Jabouri and the personal addresses of Azam and Omar are all recorded by ASIC as 139 Greenacre Road, Greenacre NSW 2190;[14]

c)PPCA’s file note on 8 December 2006 to the effect that Voodoo Clothing’s head office was 139 Greenacre Road, Greenacre;[15]

d)the White Pages has an entry for Voodoo Clothing at 139 Greenacre Road, Greenacre;[16]

e)PPCA commenced sending letters to Jabouri concerning the Voodoo Clothing stores to 139 Greenacre Road in December 2006.[17]  Since that time, the respondents have never denied that they operate the Voodoo Clothing stores; and

f)notwithstanding Voodoo Clothing had been operating stores since 2006, the name “Voodoo Clothing” was first registered as a business name on 12 October 2009.  Azam was registered as the owner from 12 October 2009 until 26 August 2010.  Jabouri has been registered as the business owner since that time.[18]

[14] Small, [30].

[15] Small, [46].

[16] Small, [31].

[17] Small, [47].

[18] Small, Exhibit LS1, page 72.

33.Thirdly, the Voodoo Clothing stores have played sound recordings since November 2006.  This may be comfortably inferred from the following evidence:

a)on 23 November 2006, PPCA’s employee, Ms Middleton, visited the Macarthur Square Voodoo Clothing store and recorded that she witnessed the performance of sound recordings;[19]

b)on 9 June 2007, PPCA’s employee, Nicole Kaniszuski, heard sound recordings played in Voodoo Clothing’s Westfield Penrith store;[20]

c)on 3 August 2007, PPCA’s employee, Samantha Hales, heard sound recordings played in Voodoo Clothing’s Westfield Miranda store;[21]

d)on 30 October 2009, Mr Marcinec heard six sound recordings played in Voodoo Clothing’s Westfield Miranda store;[22] 

e)on 5 March 2010, Azam sent an email stating “we are not refusing to pay for the music we use in our stores”;[23]

f)on 24 February 2011, Ms Palmiotto heard three sound recordings played at Voodoo Clothing’s Westfield Miranda store;[24] 

g)given that all Voodoo Clothing stores are owned or operated by one or more of the respondents and operate under the same name, it is likely that they all employ similar marketing techniques such as the playing of recorded music;

h)in Ms Small’s experience, it is common practice for clothing stores to utilise recorded music to entertain shoppers;[25]

i)PPCA has contacted the respondents on more than 20 separate occasions concerning their failure to obtain a licence.  Over that period the respondents have never denied that they were publicly playing the Record Companies’ sound recordings at any of their stores;

j)the respondents have not adduced any evidence denying that recorded music was played in all of its stores since December 2006.  It that were true, the respondents could easily adduce such evidence.  The respondents’ failure to adduce such evidence weighs against them: all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other to have contradicted (Blatch v Archer (1774) 1 Cowp 63 at 65, quoted with approval by Gleeson CJ in Azzopardi v R (2001) 205 CLR 50 at 59).

[19] Small, [44] and [47].

[20] Small, [51].

[21] Small, [52].

[22] Affidavit of Mr Marcinec.

[23] Small, LS1, page 118.

[24] Affidavit of Ms Palmiotto.

[25] Small, [32].

34.The inevitable conclusion is that the respondents have been infringing the Record Companies’ copyright by causing or authorising the Record Companies’ sound recordings to be heard in public without their licence since about December 2006.

Liability of Azam and Omar

35.On the basis that Jabouri was the owner and operator of the Voodoo Clothing stores at all relevant times, Azam and Omar are also liable for those infringements for the reasons set out below.

36.Azam and Omar were each directors and shareholders of Jabouri at all relevant times.  Azam has been a director and secretary of Jabouri since 7 August 2001.[26]  Omar has been a director of Jabouri since 15 March 2005.[27] 

[26] Small, LSI, page 75.

[27] Small, LS1, page 75.

37.Each of these directors authorised the infringements of Jabouri and/or were joint tortfeasors.[28]  As directors they had the day to day control of a small proprietary limited company.  They were notified of the infringements on numerous occasions and they chose to ignore the applicants’ rights. 

[28] Kalamazoo (Aust) Pty Ltd v Compact Business Systems Pty Ltd [1990] 1 Qd R 231 at 258 per Thomas J (authorisation); Australasian Performing Rights Association Ltd v Jain (1990) 26 FCR 53 per Sheppard, Foster and Hill JJ (authorisation (joint tortfeasor submissions referred to but not considered)); Microsoft Corporation v Ezy Loans Pty Ltd [2004] FCA 1135 per Stone J (authorisation at [74] and joint tortfeasor at [78]); Australasian Performing Rights Association Ltd v Metro on George Pty Ltd and Others (2004) 61 IPR 575 at 594 per Bennett J (authorisation and joint tortfeasor at [80]); Henley Arch Pty Ltd v Clarendon Homes (Aust) Pty Ltd (1998) 41 IPR 443 per Merkel J (authorisation and joint tortfeasor at 463-5); Fraserside Holdings v Venus Adult Shops [2005] FMCA 997 at [31] per Raphael FM.

38.PPCA took the following steps to notify Azam and Omar of the infringements on the following occasions:

a)on 8 December 2006, 4 January 2007 and 25 January 2007, PPCA sent a letter to 139 Greenacre Road (where Azam and Omar reside) addressed to the operations manager of Voodoo that the playing of sound recordings required a licence from PPCA or the Record Companies and that they would be liable to be sued if no licence was obtained;[29]

[29] Small, LS1, pages 90-99.

b)on 31 October 2007, PPCA sent a letter to 139 Greenacre Road addressed to the operations manager of Voodoo requesting that Voodoo apply for a licence and referring to the decision of the Federal Magistrates Court in Adelaide City where $85,000 in additional damages was awarded;[30]

[30] Small, LS1, pages 103-104.

c)on 19 November 2009, PPCA notified Azam (who was the registered owner of the business name “Voodoo” at the time) by a letter sent to 139 Greenacre Road and another letter sent to Voodoo Clothing’s Westfield Miranda store that an inspector had attended the premises and noted that sound recordings had been played without a licence;[31]

[31] Small, LSI, pages 107-111.

d)on 8 December 2009, PPCA notified Azam that proceedings against him would be prepared;[32]

[32] Small, LS1, pages 112-113.

e)on 23 December 2009, PPCA notified Azam that he should contact PPCA on or before 6 January 2010;[33]

[33] Small, LS1, page 114.

f)on 14 January 2010, 19 January 2010 and 3 February 2010, PPCA left messages with Voodoo Clothing’s head office.  None of these calls were returned;[34]

[34] Small, [61]-[63].

g)on 17 February 2010, PPCA sent a letter to Azam referred to the three telephone calls and requesting that Azam contact PPCA by 25 February 2010;[35]

[35] Small, LS1, page 115.

h)on 2 March 2010, PPCA telephoned Voodoo Clothing’s head office and asked to speak to Azam but was told he was unavailable, PPCA was given a contact email address for Azam ([email protected]);[36]

[36] Small, [65].

i)on 5 March 2010, PPCA sent a letter to Azam and email (to [email protected]) enclosing a copy of the draft application in these proceedings;[37]

j)on 5 March 2010, Azam sent an email from the email address [email protected] stating “we are not refusing to pay for the music in our stores and we are happy to pay for each site.  However we are only a newly operated management company within the last 12 months. . .we will not be accepting any passed tense usage by old directors or managers.”[38]

k)on 8 March 2010, PPCA sent an email and letter to Azam enclosing a licence fee application;[39]

l)on 22 March 2010, PPCA sent an email to PPCA asking Azam to complete the licence fee application as soon as possible;[40]

m)also on 22 March 2010, in response to an email from Azam, PPCA asked Azam for a list of Voodoo Clothing’s stores and their respective sizes;[41]

n)on 29 March 2010, 23 April 2010, 4 May 2010 and 13 May 2010, PPCA sent Azam emails advising that PPCA was waiting on a completed licence application;[42]

o)on 25 February 2011 (after Ms Palmiotto had conducted a further inspection of a Voodoo Clothing store and heard sound recordings being played), PPCA sent a letter to Azam, Omar and Jabouri noting that Jabouri had now been registered as the business owner of Voodoo Clothing and referring to a decision of the Federal Magistrates Court where additional damages in the sum of $90,000 was awarded;[43]

p)also on 25 February 2011, PPCA sent a letter to Azam and Omar enclosing copies of previous letters sent by PPCA;[44]

q)on 3 March 2011, PPCA sent a letter to Azam and Omar advising that an inspector had attended a Voodoo Clothing store on 24 February 2011 and noted that sound recordings had been played without a licence;[45]

r)on 7 March 2011, PPCA sent a letter to Azam and Omar enclosing a copy of a draft application and a draft affidavit in these proceedings and advising that PPCA would be filing the application shortly.[46]

[37] Small, LS1, pages 116-117.

[38] Small, LS1, page 118.

[39] Small, LS1, pages 119-121.

[40] Small, LS1, page 122.

[41] Small, LS1, page 123.

[42] Small, LS1, pages 124-128;

[43] Small, LS1, pages 129-130.

[44] Small, LS1, pages 131-132.

[45] Small, LS1, pages 133-135.

[46] Small, LS1, pages 136-138.

39.It was in the power of Azam and Omar to control what was occurring – either by ceasing the playing of the sound recordings or paying the licence fees – but they chose to do nothing at all.  In the circumstances, the words of the Full Federal Court are apposite:[47]

[The director engaged in a] studied and deliberate course of action in which [he] decided to ignore the appellant’s rights and to allow a situation to develop and to continue in which he must have known that it was likely that the appellant’s music would be played without any licence from it.

[47] Australasian Performing Rights Association Ltd v Jain (1990) 26 FCR 53 at 61.

40.By engaging in this conduct, Azam and Omar are also liable for the infringements of Jabouri.

Remedies

41.The applicants seek three forms of principal relief against the respondents:

a)Permanent orders restraining the public performance of the Record Companies’ recordings without the licence of the relevant Record Company or PPCA.

b)Damages pursuant to s 115(2) in the sum of $1,844.48 payable by Jabouri, Azam and Omar.

c)Additional damages pursuant to s 115(4) in the amount of $90,000 payable by Jabouri, Azam and Omar.

42.In addition, the applicants seek their costs.

Permanent orders

43.In order to demonstrate that a final injunction is warranted, the applicants are required to establish a copyright infringement which is likely to continue, or a strong case of threatened infringement and a probability of damage.  Furthermore, it has been held that injunctions in broad terms should be granted where the respondents have shown themselves to be “untrustworthy” or have flagrantly breached copyright. [48] 

[48] Microsoft Corporation v Goodview Electronics (2000) 49 IPR at [66-67] per Branson J.

44.The evidence establishes that the respondents have infringed the copyright of the Record Companies.  The respondents’ infringement of the Record Companies’ copyright is very likely to continue unless restrained.  Although Jabouri continues to operate the Voodoo Clothing stores and is aware of these proceedings, there has been no attempt by Jabouri or its current directors, Omar and Azam, to obtain a licence from the Record Companies and from the PPCA.  In such circumstances, the applicants are justified in having a reasonable apprehension that the respondents will continue, unless restrained, to infringe copyright in all of their sound recordings.

45.The infringement of copyright by the respondents has been flagrant and justifies permanent injunctions in the terms sought.  The applicants no longer seek declarations.

Damages pursuant to s.115(2) of the Act

46.The applicants have elected to sue for damages for infringement, not an account of profits.

47.The appropriate measure of damages is the “licence fee” approach.  This approach to assessment has often been applied.[49]  In a case where the court may infer that, presented with a choice between paying the licence fee and not using the work, the infringer would have paid the licence fee, the approach is a logical one.[50] 

[49] Autodesk Australia Pty Ltd v Cheung (1990) 17 IPR 69 at 75 per Wilcox J; Microsoft Corporation v Goodview Electronics (2000) 49 IPR at [55] per Branson J.  See also: Grebo Meters Ltd v Metropolitan Gas Meters Ltd (1911) 28 RPC 157; Stovin-Bradford v Volpoint Properties Ltd [1971] 1 Ch 1007; General Tire and Rubber Co v Firestone Tyre and Rubber Co Ltd [1975] 1 FSR 273; [1976] RPC 197; Hunter v Fitzroy Robinson and Partners [1978] 4 FSR 167.

[50] Autodesk Australia Pty Ltd v Cheung (1990) 17 IPR 69 at 75 per Wilcox J; Microsoft Corporation v Goodview Electronics (2000) 49 IPR at [55] per Branson J.

48.Such an inference may be made in this case.  Voodoo Clothing relies upon the public playing of music to attract customers and generate its business.  It is a ready inference that the infringer would pay the licence fee rather than change the nature of its business.

49.The licence fees sought by PPCA are set out in annexure A to the submissions.  These licence fees are based on paragraphs 83 to 91 of Ms Small’s affidavit but modified to take account of reduced trading periods of some stores as notified by Azam on 18 August 2011.  These licence fees are based on PPCA’s fee structure, which has evolved over PPCA’s years of operation.[51]  A licence granted by PPCA permits the licensee to publicly play all of the Record Companies’ sound recordings.  There are 34 separate tariffs, applying to different types of venues, that PPCA publishes annually on its website.[52]  In addition to the type of venue, the level of licence fees applicable to any particular entity varies depending upon the size of the venue and the number of days of operation.   

[51] Small, [21].

[52] Small, [21].

50.As a retail store, Voodoo Clothing is subject to licence fees calculated in accordance with tariff M.[53]  The licence fees under Tariff M are calculated by reference to the size of the store.  PPCA has assumed that the stores are in the smallest category.  PPCA also initially assumed that all the stores opened in December 2006 (the first date that PPCA heard sound recordings at the store) and remain open.  Following the receipt of information from Azam, PPCA has changed the trading periods of some of the stores and revised its calculations accordingly. 

[53] Small, LS1, pages 58-63.

51.Accordingly, PPCA seeks $1,844.48 in compensatory damages as set out in Annexure A.

Additional damages pursuant to s.115(4) of the Copyright Act

52.Section 115(4) of the Copyright Act permits the Court to award additional damages where an infringement of copyright has been established and where the Court considers it proper to do so.

53.The principles relating to the award of additional damages are well established. The purpose of an award of damages under s.115(4) is to penalise an infringer of copyright. “The infringer has been regarded, at least since the 18th century, as a pirate who ought to be treated accordingly.”[54]

[54] Autodesk Inc v Yee (1996) 68 FCR 391 at 394; Raben Footwear Pty Ltd v Polygram Records Inc (1997) 75 FCR 88 at 92 per Burchett J.

54.Additional damages is an independent head of relief beyond the objective of compensation for the copyright owner.[55]

[55] Raben Footwear Pty Ltd v Polygram Records Inc & Anor (1997) 145 ALR 1 at 6.

55.The factors which the Court may take into account are considered below:

The flagrancy of the infringement (s.115(4)(b)(i) of the Copyright Act)

56.Flagrancy includes “deliberate and calculated copyright infringement.”[56]  There can be no doubt that the respondents deliberately infringed the copyright of the Record Companies.  The respondents received over 20 separate telephone calls or letters from PPCA notifying them that they were obliged to enter into a licence arrangement and pay licence fees.  The respondents failed to pay the licence fees and instead chose to continue publicly playing the Record Companies’ recorded songs. 

[56] Autodesk Australia Pty Ltd v Cheung (1990) 17 IPR at 76 per Wilcox J; Ravenscroft v Herbert and New English Library [1980] RPC 193 at 208

The need to deter similar infringements of copyright (s.115(4)(b)(ia) of the Copyright Act)

57.In the Supplementary Explanatory Memorandum to the Bill in which this sub-section was introduced, it was stated:

This amendment requires a court where it is satisfied that it is proper to do so to consider whether the award additional damages having regard not only to the particular circumstances of the infringement but also in the context of the broader impact on similar conduct and the award of additional damages in relation to that conduct.[57]

[57] Copyright Amendment (Parallel Importation) Bill 2003.  Supplementary Explanatory Memorandum (Cth).

58.Considerable weight ought to be given to this factor.  At [92]-[94] of Ms Small’s affidavit, Ms Small gave evidence that the public performance of protected sound recordings without a licence has become an endemic problem in the recording industry.  The very large number of commercial ventures in Australia playing protected sound recordings makes it difficult and expensive for PPCA and copyright owners to identify, investigate and prosecute infringers.  In contrast, it is very easy for infringers to play sound recordings and evade detection due to the limited resources of PPCA.

59.The respondents are leading examples of infringers as a result of the number of stores they operate (seven) and behaviour and their calculated decision to continue infringing.  A substantial award of additional damages will serve as a strong deterrent to both large and small businesses.

60.The respondents’ behaviour in refusing to obtain a licence despite the many demands made by PPCA over a period of more than 4 years is also a leading example of activity which ought not be condoned.  The respondents left PPCA with no choice except to commence court proceedings against them.  This is a waste of the Court’s time and resources as well as the time and resources of the applicants.  The Court ought to send a strong message that such conduct will be penalised.

The conduct of the defendant after the act constituting the infringement or, if relevant, after the defendant was informed that the defendant had allegedly infringed the plaintiff’s copyright (s.115(4)(b)(ib) of the Copyright Act)

61.In December 2006, PPCA first wrote to the respondents informing them that the respondents would infringe the Record Companies’ copyright if a licence were not obtained.  The conduct of the respondents since that day is relevant to an assessment of additional damages

62.In the period since December 2006, PPCA has contacted the respondents on over 20 occasions. The respondents have never denied that they have been infringing the applicants’ copyright.  Instead, the respondents have sought to delay and obfuscate the applicants. 

63.From December 2006 until today, Voodoo Clothing continues to operate and publicly play the Record Companies’ sound recordings without a licence.

Whether the infringement involved the conversion of a work or other subject-matter from hardcopy or analog form into a digital or other electronic machine-readable form (s.115(4)(b)(ii) of the Copyright Act)

64.This factor has no relevance to the circumstances of this case.

Any benefit shown to have accrued to the defendant by reason of the infringement (s.115(4)(b)(iii) of the Copyright Act)

65.The benefit accruing to the respondents here is obvious and substantial.  The public performance of sound recordings is used to attract and entertain customers of Voodoo Clothing.

66.By refusing to pay licence fees, Voodoo Clothing has lowered its cost of business and gained a competitive advantage over its competitors who do abide by the law.   The result is that law abiding companies are unfairly disadvantaged by the respondents’ conduct.

All other relevant matters (s 115(4)(b)(iv) of the Act)

67.Four additional matters are worth noting.  First, if no order for additional damages is made against the respondents, other than legal costs, the respondents will have suffered no real penalty for deliberately refusing to pay licence fees to the applicants over a period of almost three years. 

68.Secondly, the respondents have expressed no contrition for refusing to pay licence fees and for putting the applicants and this Court to the expense and time of bringing these proceedings.[58]  It is highly likely that the respondents are continuing to infringe the Record Companies’ copyright. 

[58] Expression of regret was considered relevant in Universal Music Australia Pty Ltd v Miyamoto [2004] FCA 982.

69.Thirdly, PPCA discovered that the respondents were playing sound recordings in late 2006.  PPCA has only claimed licence fees from that date.  It is very likely that the respondents were playing sound recordings prior to this date without a licence.  The lease for the Westfield Penrith store shows that it commenced operation in early or mid 2005.

70.Finally, on 5 March 2010, Azam sent an email to PPCA which appears to be deliberately misleading.[59]  That email stated:

we are not refusing to pay for the music in our stores and we are happy to pay for each site.  However we are only a newly operated management company within the last 12 months. . .we will not be accepting any passed tense usage by old directors or managers.

[59] Small, LS1, p118.

71.

In fact, Jabouri was not a newly operated management company. 

It was registered in 2001.  The Westfield Penrith lease entered into in March 2005 with Jabouri provided that Jabouri’s trading name was Voodoo, so Jabouri had been operating Voodoo Clothing stores since at least 2005.  Further, that email seeks to blame past conduct of the company on “old directors and managers.”  In fact, Azam was a director of Jabouri since 2001 and Omar was a director since 2005.

Damages awarded in other cases

72.While each case must be considered on its merits, it is instructive to consider the range of awards made for additional damages.  There is no arithmetic nexus between the level of compensatory damages and additional damages.[60] 

[60] Raben Footwear Pty Ltd v Polygram Records Inc (1997) 75 FCR 88.

73.In Microsoft Corporation v Glostar Pty Ltd (2003) 57 IPR 518, the Federal Court awarded $291,625 in additional damages. The compensatory damages were $4,375.

74.In Fraserside v Venus Adult Shops [2005] FMCA 997, Raphael FM awarded additional damages in the sum of $85,000 against the respondents. Additional damages would have been $100,000 but were reduced by reason of the applicants’ acquiescence. Conversion damages were awarded in the sum of $65,000.

75.In Zero Tolerance Entertainment Inc & Ors v Venus Adult Shops Pty Ltd and Ors [2007] FMCA 155, Driver FM awarded additional damages of $150,000.

76.In APRA v Cougars Tavern [2008] FMCA 369, Raphael FM awarded additional damages against respondents of amounts between $40,000 and $125,000. Compensatory damages were awarded in the sum of approximately $22,000.

77.In Aristocrat Technologies Australia Pty Limited v D.A.P. Services (Kempsey) Pty Limited (In Liquidation) [2007] FCAFC 40, the Full Court of the Federal Court awarded additional damages of $200,000 with nominal compensatory damages of $1.

78.In Foxtel Management Pty Limited v The Mod Shop Pty Ltd [2007] FCA 463, the Federal Court awarded additional damages of $300,000 against one director and $60,000 against another.

79.In Adelaide City, Raphael FM awarded additional damages in the sum of $85,000.  Compensatory damages were awarded in the sum of $48,812.53.

80.In All Girls, Raphael FM awarded additional damages in the sum of $90,000.  Compensatory damages were awarded in the sum of about $145,000.

Appropriate additional damages

81.The applicants seek additional damages in the sum of $90,000. That appears to be a very substantial sum, particularly having regard to the fact that the compensatory damages in respect of unpaid licence fees is the amount of $1,844.48. However, there is no necessary link between the amount of compensatory damages awarded and the amount of additional damages that may be awarded. I accept the applicants’ submissions that there has been flagrancy in the infringements of copyright under the Copyright Act and there is a need for deterrence.

82.In the applicants’ submission, the respondents’ conduct is at the highest end of the scale. 

83.There are a number of factors which distinguish the respondents as deserving a substantial penalty.  First, the respondents’ conduct has been engaged in over a long period of time, despite continuous warnings from PPCA.  The respondents have deliberately infringed the Record Companies’ copyright over more than four years. 

84.Secondly, the respondents engaged in this conduct over a number of separate locations.  The respondents have operated Voodoo Clothing stores in seven separate locations but not paid licence fees with respect to any of the locations.  Voodoo Clothing is not a small shopkeeper; it is a substantial commercial operation.

85.The amount of licence fees payable for the public performance of recordings in commercial premises of this type is small.  The cost of enforcing compliance with the law can be very substantial.  In the absence of additional damages, it is difficult for copyright owners to enforce their rights, including by legal proceedings.  I accept the need for an award of additional damages for the purposes of deterring others.

86.Deterrence, of course, may be achieved by the publicity of successful Court proceedings and I have published written reasons that may be used by the applicants in order to send a message to business operators that the payment of licence fees for the public performance of sound recordings in business premises is a matter that needs to be taken seriously. 

87.The facts are that the applicants have been in discussion (largely one way) with the respondents over the issue of these licence fees for about four years.  It does not appear to me that those discussions were initially taken seriously by the respondents, although in more recent times the seriousness of the issues has sunk in and the respondents, particularly through the agency of Assam Jabouri, have taken more serious attempts to resolve the matter.  However, perhaps because the amount of licence fees in issue is small, the respondents have not fully appreciated the potential financial risk to them through non-resolution of the matter.

88.I heard from Mr Assam Jabouri in oral argument today.  He referred to discussions between the parties concerning the level of fees and the issue of costs.  Those discussions were apparently conducted on a without-prejudice basis and it is not open to me to take into account the particular issues or sums of money that have been discussed.  I do take into account that the amount of licence fees for past use ultimately sought by the applicants have been paid.  I also take into account that the parties have been in discussion concerning the issue of legal costs, although I do not know the precise details of those discussions.

89.I was referred in argument to two cases which dealt with the issue of additional damages in somewhat similar circumstances.  One of those was All Girls.  In that case, the sum of $90,000 was awarded by way of additional damages, but it is worth noting that the monetary damages in general in that case were significant.  The other case was Adelaide City Entertainment where $85,000 of additional damages were Awarded, which was a lesser figure than that sought by the applicants in that case.

90.In Adelaide City Raphael FM took into account at [14] the flagrancy of the breaches, the fruitless correspondence engaged in over a period of three years and other matters, including the need to set damages at a realistic level that might be paid. I understand that the corporate structure under which the respondents’ business is being conducted is currently the subject of modification. There is a risk that if additional damages are set at an unrealistically high level the respondents will have an incentive either not to pay at all or to reorganise their business structure in such a way that the risk to the underlying business is limited.

91.Having regard to all the circumstances advanced by the applicants and the explanation offered by Mr Assam Jabouri, I have concluded that additional damages in the sum of $30,000 should be paid and I will so order. 

92.I will order that the respondents, whether by themselves, their servants, agents or otherwise, be permanently restrained from causing or authorising any of the Identified Infringing Recordings performed in public without the licence of the relevant applicants.

93.Pursuant to s.115(2) of the Copyright Act, the respondents are to pay compensatory damages in the amount of $1,844.48.

94.Pursuant to s.115(4) of the Copyright Act, the respondents are to pay additional damages, fixed in the amount of $30,000.

95.The respondents are to pay the applicant’s costs and disbursements of and incidental to the Application and the Application in a Case, fixed in the sum of $8,200.

I certify that the preceding ninety-five (95) paragraphs are a true copy of the reasons for judgment of Driver FM

Date:  19 October 2011

ATTACHMENT

APPLICANTS

1.	Phonographic Performance Company of Australia
2.	!K7 Records
3.	1989 Pty Ltd
4.	28 Days Pty Ltd
5.	3DE
6.	8 Ball Aitken t/a Phoenix Movement Rec
7.	A Sharp Recording Studio
8.	ABC Music
9.	Acoustic Suede
10.	Adam Harvey Management Services P/L
11.	Adams, Clelia
12.	Afterschool Publishing Company
13.	AGR Television Records
14.	Airbourne
15.	AITP Records
16.	aJaymusic
17.	AJO Services
18.	Akhenaten Music
19.	Akimbo Records
20.	Akoustic Odyssey
21.	All Killer Music
22.	Allan, Jane
23.	Allen, Ian .B.
24.	Aloha Management Pty Ltd
25.	Alter Ego Promotions
26.	Amber Records Aust. Pty Ltd.
27.	Amphibian
28.	An Ocean Awaits Records Pty Ltd
29.	Anamoe Productions
30.	Andermer P.L.
31.	Andreson, Gavan t/a Tara Hall Productions
32.	Ang Fang Industries
33.	Angelik
34.	Angell, Matt
35.	Anthem Pty Ltd
36.	Anvil Lane Records
37.	Anvil Records
38.	Apertif Records Pty Ltd
39.	Appelkamp, Paul
40.	Archer, Matthew
41.	Architecture Label P/L
42.	Armchair Circus Music
43.	Arnold, Caitlin Marissa
44.	Art Vs Science Pty Ltd
45.	Artistocrat P/L
46.	Arvidson, Daniel
47.	Ascension World Music Productions House
48.	Ashcroft, Gay Ellen
49.	Attar, Lior
50.	Aquagirl Music and Business
51.	Audible Sounds Pty Ltd
52.	August Way
53.	Auld-Mezera, Audrey
54.	Aymsilver P/L
55.	Backtrack Music
56.	Bad Taste Records
57.	Baeffel, Daniel
58.	Baillie, Victoria
59.	Baker, Brian
60.	BamBam Muzik International
61.	Barroso, Jose
62.	Basement Birds Pty Ltd
63.	Basin Records
64.	Bass Industry Australia
65.	Beatitudes CBS
66.	Bell, Alistair
67.	Bellbird Music Pty Ltd
68.	Bernasconi, Justin
69.	Berry, Michael
70.	Betteridge, Ian
71.	Beyond The Sea Pty Ltd t/a Hot Records
72.	Bich Touring Enterprises
73.	Big Love Productions
74.	Big Scary Music
75.	Big Strum
76.	Billing, Peter
77.	Binnaburra Film Co P/L
78.	Birds Of Tokyo Pty Ltd
79.	Bittersuite
80.	Black Door Records
81.	Black Market Music
82.	Black Yak P/L
83.	Blank Vault Productions Pty Ltd
84.	Bleicher, Airom
85.	Blindman’s Holiday
86.	Bloodpuppies Pty Ltd
87.	Blue Bandicoot
88.	Blue Pie Productions Pty Ltd
89.	Blue Tiger Music Pty Ltd
90.	Blues Vibes Music
91.	bluejuice Music Group Pty Ltd
92.	Bluesville Records
93.	BNM Records
94.	Boggia, Monique
95.	Bolton, Aaron Brian
96.	Bone Daddy Records
97.	Bonefinger Records
98.	Bonnie Jensen & Associates
99.	Boomtown Records
100.	Bordello
101.	Boukabou, Jamel
102.	Bowditch, Clare
103.	Bowles Production
104.	Bradley, Lou
105.	Brandeluxe
106.	Breaking Records
107.	Breese, Rob
108.	Brewer, Dave
109.	Brian Lord Entertainment
110.	Bridge, Billy
111.	Bright, Gillian
112.	Broadfoot, Matthew
113.	Broadie, Karl
114.	Brown, Quentin
115.	Bruce, Alana
116.	Bubblewrap Records Pty Ltd
117.	Buckle Up Entertainment Pty Ltd
118.	Buckley, Russell
119.	Bullbar P/L
120.	Bulletproof Records t/a Fighterpilot
121.	Bulmer, Grant Matthew
122.	Bun’ Ber E
123.	Bunza Entertainment International Pty Ltd
124.	Burdett, Felicity
125.	Burke, Matthew David
126.	Burke Pounder Productions
127.	Bryce, Thomas
128.	Byrne, Christopher James
129.	Byrne, Craig
130.	Byrne, Janine
131.	C.H. Records
132.	CAAMA Music
133.	Campbell, Kym
134.	Cameron Bracken Concepts
135.	Candice Alley Pty Ltd
136.	Canteri, Cathryna
137.	Canvas Music
138.	Cardy, Michael
139.	Carleo-Smith, Rose-Marie
140.	Caruana, Danielle t/a Mama Kin
141.	Caseley, Joanna
142.	Casual Projects
143.	Casual Workout Pty Ltd t/a Architecture in Helinski
144.	Cauliflower, Samantha
145.	Caruana, Luke A.
146.	Celtic Records
147.	Charles, Barry
148.	Charlie Chan Music Pty Ltd
149.	Charman, Philip Martin
150.	Chart Records and Publishing
151.	Chase Corporation P/L
152.	Chase The Sun Band
153.	Chatterbox Artists
154.	Chatterbox Records P/L
155.	Cheshire, Kim
156.	Chester, John
157.	Chicks Who Love Guns
158.	Cilia, Martin
159.	Circle Records
160.	Clan Analogue Recordings Inc
161.	Clarke, Caroline Frances
162.	Clarke, Wade
163.	Clifton, Jane
164.	Coco’s Lunch
165.	Cognoscenti Entertainment Pty Ltd
166.	Coleman, Kathleen
167.	Collins, Andrew James
168.	Colossal Records of Australia Pty Ltd
169.	Compass Bros Records Pty Ltd
170.	Cooper, Daniel
171.	Cooper, Jacki
172.	Corbett, Robert
173.	Corcoran, Dianna
174.	Corlett-McDonald, Nina
175.	Costa, Paul
176.	Coulson, Greg
177.	Cox, Kristy
178.	Craig Law Productions t/a Cllaw
179.	Creation In Trance
180.	Creative Vibes
181.	Crestani, Nattasha
182.	Crestway Music
183.	CrimInAll Records
184.	Crisp, Brian Clinton Field t/a Vectis Media Services 13 Brinsmead Road
185.	Croome, Helen
186.	Cross-Word Music Pty Ltd
187.	Crusade Records
188.	Cunningham, Leigh
189.	Cutters Records Pty Ltd
190.	D Boyd Pty Ltd
191.	Da Capo Singers
192.	Dallas, Rex
193.	Damien Gerard Sound Studios P/L
194.	Darke, Victoria Louise
195.	Dark Order
196.	Das Kong Pty Ltd
197.	Davidson Brothers
198.	Davies, Leif Bryan
199.	Davis, Emily
200.	Dawson, Trevor Harold
201.	Dax Music Pty Ltd t/a Central Station Records
202.	De Valence, Francesca
203.	Dead Letter Circus
204.	Deep Pearl Records
205.	Delta Groove
206.	Den Elzen, Michael
207.	Derwent, Warren
208.	Deutsch, Adrian
209.	Dex Audio Pty Limited
210.	Di Renzo, Mark Charles
211.	Di Renzo, Paul Joseph
212.	Dirt Diamonds Productions t/a Shabbey Road
213.	Dirty Laundry
214.	DLF Productions Pty Ltd t/a Odessa Mama Records
215.	DNA Songs
216.	Donna Fisk & Michael Cristian
217.	Downey, Nicholas
218.	Dowsett, Rodney
219.	Doyle, Steve t/a The Control Room
220.	Dream Dealers Pty Ltd
221.	Dukebox Music t/a Dukes of Windsor
222.	Ease From Absence
223.	Eastman Group Pty Ltd
224.	Easton, Mark Gregory
225.	Easypeasy Music
226.	EB Music Productions Australia
227.	Echidna Music Management Pty Ltd
228.	Eckhardt, Tiffany
229.	Effectz Recording
230.	Electron
231.	Elektra Productions
232.	Elengy Music
233.	Eleven: A Music Company
234.	Elix, Dwayne
235.	Emanon Records
236.	EMI Music (Australia) Pty Limited
237.	Emu Music Australia Inc.
238.	Endgame Records
239.	Endorphin
240.	Epicure
241.	Episode Productions
242.	Esposito, Leonardo
243.	Estepa, Bryan
244.	Etch N’ Sketch Records Pty Ltd
245.	etypejazz
246.	Euphonious Management
247.	Evergreen Entertainment
248.	Extraordinary Entertainment
249.	Faehse, Tony
250.	Family Music Pty Ltd
251.	Farquhar, Stephen
252.	Fashion Victim Records
253.	Fein, Michael
254.	Felicity’s Entertainment
255.	Feral Media Pty Ltd
256.	Finnie, Scot Warner
257.	Fintage Publishing + Collection BV
258.	Fiorello, Adam
259.	Fisk-Peake, Joshua
260.	FK Music Pty Ltd
261.	Flashpoint Music P/L
262.	Flew, Shane Gregory
263.	Flightless Birds Ltd
264.	Floating Point Music
265.	Floyd Vincent and the Childbrides
266.	Follington, Adrian
267.	Foran, Sean
268.	Forola Music
269.	Forum 5 Pty Ltd
270.	Foster, Levi
271.	Fourth Floor Collapse
272.	Frankenbok
273.	Framur Holdings Pty Ltd
274.	Freedom Endeavours Pty Ltd t/a Beautiful Soul Music
275.	Freetown
276.	Fresh Fish Records
277.	Fret Music
278.	Frilanded Pty Ltd
279.	Frisina, Adrian
280.	Frontal Lobe Productions
281.	Fruit Music
282.	Full Circle Music
283.	Fuse Music Group P/L
284.	Galeazzi, Michael t/a Dharma Records
285.	Gallagher, Brendan
286.	Gajang Productions
287.	GANGgajang
288.	Gannon, John Martin
289.	Garfoot, Katie Brianna
290.	Gatfield, Andrew
291.	George Music Pty Ltd
292.	Geri, Janette
293.	Germain, Jane
294.	Gidgee Records
295.	Giles, Craig
296.	Gillon, Andrew
297.	Girle Publishing
298.	Glenample Music Publishers
299.	Glencoe Records
300.	Global Boost Music
301.	Global Recordings Pty Ltd
302.	GM Entertainment
303.	Gobsmacked Television Pty Ltd t/a Gobsmacked Music
304.	Gomma/Helmschrott-Imbrey GbR
305.	Goodridge, Lara & Howard, Joy
306.	Goodwin, Brett
307.	Gore, Jason
308.	Goris, Greg
309.	Gracemusic P/L
310.	Grand Atlantic Industries Pty Ltd
311.	Grandview Records
312.	Gray, Errol
313.	Greatorix, Colin Spencer
314.	Griffin Music
315.	Griffin, Joanne
316.	Griffith, David t/a Saucepan Bach
317.	Griffith, Jennifer
318.	Grindin’ Pty Ltd
319.	Guinlee Music
320.	Gunn Records
321.	Guy, Clifford William
322.	Half A Cow Records
323.	Hamilton, Katrina Louise
324.	Hamilton, Mick
325.	Handley, Mathew Kirk
326.	Hanlon, Darren
327.	Hardrush Music Corporation Limited
328.	Hardy, Anita
329.	Harmonious Resonance
330.	Harnett, Caitlin
331.	Harrison, Andrew
332.	Harton Bridge P/L t/a Rain the Original Band
333.	Hawkins, Fiona Joy t/a Little Hartley Music
334.	Hayshed Productions / Hayshed Studios
335.	Head Records
336.	Heatlie, Shane t/a Chalk Music
337.	Heifer
338.	Hell City Glamours
339.	Hemia Pty Ltd t/a Hammered Silver Records
340.	Hillsong Music Australia
341.	Hilltop Hoods Pty Ltd
342.	Hindley Records
343.	Hobbledehoy Record Co
344.	Holden, Marcus Peter
345.	Hole, David
346.	Holstein, Justin
347.	Honeyface
348.	Hooch Hound Records
349.	Hoop Music Pty Ltd
350.	Hooper, Dale
351.	Hope, Ross Andrew
352.	Hopkins, Sarah
353.	Horne, Craig
354.	Horsburgh Enterprises Pty Ltd
355.	Horsphol, Michael
356.	Hotsource.Com.Au
357.	House Of Wow!
358.	Hughan, Paul
359.	Human Interests P/L
360.	Humber Records
361.	Humble Productions
362.	Humphris, Darrel Anthony
363.	Hurley, Jade
364.	Hyams, David
365.	I Oh You Music
366.	IC. Zed Records
367.	Identity Records
368.	Ikinger, Penelope Jane
369.	Illegadl Cargo Records
370.	Illict Records
371.	Inertia Pty Ltd
372.	International Royalties Rescue
373.	Island Home Music
374.	J.A.M. Records
375.	Jackson, Mark
376.	James, Harmony
377.	James, Robert
378.	Java Entertainment
379.	Jayarajan, Praveen t/a Infamous Light Recordings
380.	Jaynie Records
381.	JBD Productions
382.	Jdog Universe Pty Ltd t/a Jdog Records)
383.	Jellyfish Music (International)
384.	Jensen, Hayley
385.	John Harley Weston
386.	Johnstone, Josh
387.	Jolly Beggarmen
388.	Jones, Lachlan Michael
389.	Jordan, Toni
390.	Juke Kartel
391.	Jupiter 2 Records
392.	Just Jase Entertainment
393.	JWM Pty Ltd
394.	Karen Lynne Music
395.	Karma County Productions
396.	Karvin Records
397.	Kavanagh, Shane Andrew
398.	Kay, Daniel
399.	Kaylah Anne Country Music
400.	Kellaway, Jane Maree
401.	Kelly Hope Entertainment Pty Ltd
402.	Kelt
403.	Kemp, Jason George
404.	Kemp, Thalia Lousie t/a Radio Caroline South
405.	Kennedy - McCracken, Caroline
406.	Kettle, Kathleen J
407.	Kettle, William R
408.	Key Country
409.	Kids At Risk
410.	Kiko Records
411.	Killcrushdestroy
412.	Kilpatrick, Christy
413.	Kimberley, Matthew Graham
414.	King, Brian
415.	King Blank Recordings Pty Ltd
416.	King Hokum Records Pty Ltd
417.	Kittygroove Productions Pty Ltd
418.	KM Music
419.	Knievel
420.	KNL Records
421.	Knox, Buddy
422.	Koch, Tim
423.	Komar, Rochelle Vincete
424.	Koo, Terence
425.	Koster, Rachel
426.	Koszolko, Martin
427.	Kotadama Trust
428.	Kot, Jesse
429.	Krill Records Pty Ltd
430.	Krow Pie
431.	Kunsthaus Records
432.	Kurly Queen
433.	Kyle
434.	KZ5
435.	La Brava Music
436.	La La Entertainment
437.	Labjacd
438.	Laidler, John
439.	Landale Music
440.	Lane, David Benjamin
441.	Lane, Jordie
442.	Lane, Lilith t/a Swift Sonic Enterprises
443.	Last House On The Left
444.	Last Match Recordings
445.	Lastelle Music Pty Ltd
446.	Lastdrager, Robert
447.	Latham, Fiona
448.	Launch Records Pty Ltd
449.	Lawrence, Amber
450.	Lazy Susan
451.	LBS Records
452.	Lee, Jason
453.	Lee-Archer, Tom
454.	Level Two Music
455.	Levity
456.	Liberated Artists
457.	Liberation Music
458.	Lieberman, Miriam
459.	Lighthouse Beach Records
460.	Lindene Music Pty Ltd
461.	Lions Share Recordings
462.	Lipsync Records
463.	Little, Genevieve
464.	Little Black Book
465.	littlebliss records
466.	Live Performance Publishing Pty Ltd
467.	Lloyd, Rebecca Anne
468.	LNG Music Pty Ltd
469.	Lock, Grainger Keith
470.	Lomas, David
471.	Longstaff, Rob
472.	Louwerse, Mirusia
473.	Love, Karlin Greenstreet
474.	Love Bite Records
475.	Love Is My Velocity
476.	Love Outside Andromeda
477.	Love Police Records and Tapes Pty Ltd
478.	Luluc
479.	Lush, Kate
480.	Lusher, Dean
481.	Luxury
482.	M.J. Wood Recordings
483.	MacPherson, Tim Jay
484.	Madison Square Gardens Pty Ltd
485.	Magic Dirt P/L
486.	Maher, Leticia
487.	Mai-songs music
488.	Mainsbridge, Mary Michelle
489.	Majellan Investments Pty Ltd
490.	Maiorana, Sandra
491.	Major Music
492.	Manjaro Music
493.	Manning, Dean t/a Cloudy But Fine
494.	Mannix Music Pty Ltd
495.	Marcato
496.	Margaritaville Nominees t/a Bombora Creative
497.	Mark Lucas t/a Songsmith Management
498.	Mark Pope Music
499.	Marli Music Pty Ltd
500.	Marlin Records Pty Ltd
501.	Marshall, Andrew
502.	Marshall, Jacqueline Louise
503.	Mason. Keith
504.	Martinez, Melissha
505.	Master, Omid t/a Eagle
506.	Masters, Gerard
507.	Mat Recordings
508.	Matthews, Gerald
509.	Max Lorenzin Pty Ltd
510.	Mazzerah Records
511.	McArtney, Tim
512.	McCarthy, John Gerard
513.	McCormack, Ricky Noel
514.	McCracken, Peter Richard
515.	McCue, Mark
516.	McDermott, Dallas John
517.	McDonald, Craig
518.	McDonald, Kieron
519.	McDonald, William Marcus
520.	McGuiness, Lucian
521.	McInnes, Nereeda
522.	McKenna, Tess
523.	McMaster, Ben
524.	McMenamin, Fleur
525.	MDP Touring Pty Ltd
526.	Medici Studios P/L
527.	Meier, Bianca
528.	Melba Recordings Pty Ltd
529.	Menyweather, Steven James
530.	Metamorphis Marketing
531.	Michael, Barry
532.	Michael Gant Entertainment
533.	Middleton, Lucille
534.	Midnight Juggernauts Pty Ltd
535.	Midnight Records Pty Limited
536.	Mighty Records Pty Ltd
537.	Milefire Management P/L t/a Casadeldisco RecordsPO Box 1143
538.	Miller-Heidke, Kate
539.	Millington, Colin
540.	Minimum Chips P/L
541.	Ministry Of Sound Australia Pty Ltd
542.	Minson, Lawrie
543.	Misinterprotato
544.	Mitchell, Benjamin Grant
545.	Mixmasters Records
546.	Modern Music Pty Ltd
547.	Modern Soul Pty Ltd
548.	Molly Molotov Booby Trap Productions
549.	Mondo Rock Band
550.	Montgomery, Maree
551.	Morris, Andrew
552.	Moss-Wellington, Wyatt
553.	Mountain Made Music
554.	Move Records
555.	Moylan, Peter John Dinesh t/a Dinesh Moylan – Sea Eagle Records PO Box 5059
556.	Muir, Ian
557.	Mummy’s Boy Records
558.	Mundy, Chris
559.	Murphy, John
560.	Music For Advertising
561.	Musical Feat
562.	Musigal Pty Ltd
563.	Namesoft Computer & Music Services Pty Ltd24 Lithgow Street
564.	Nanna’s Cane
565.	National Junk Band
566.	Nature Sound
567.	Naughty Mouse Ink Pty Ltd
568.	Naycoda Pty Ltd
569.	New Buffalo
570.	New Galaxy Records
571.	Newton, Leigh
572.	Nicholson, Lorin
573.	Nick And Lisesl
574.	Nicki Gillis Pty Ltd
575.	Noble Nobull Productions Pty Ltd
576.	Noonan, Katie
577.	Novosel, Jakov
578.	O’Brien, Catherine
579.	O’Rourke, Jet
580.	Ocean Road Music
581.	Oceans Baroque
582.	Okell, Marshall
583.	Olsen, Jamie
584.	One Way Frequency
585.	Onelove Recordings Pty Ltd
586.	Ong,Yunyu
587.	Onique Pty Ltd t/a Celestial Cow Records
588.	Onya Soapbox Pty Ltd
589.	Oracle Records
590.	Oridio Productions
591.	Origin Recordings
592.	Original Music T/a Original Works
593.	Other Tongues Pty Ltd
594.	Ousha Records
595.	Out Of Nowhere
596.	Owen Lockett Enterprises
597.	Ozstar Music
598.	Palomarr Pty Ltd
599.	Pandamonium Records
600.	Parisi, Tommaso t/a Tom Ugly
601.	Parker, Tash
602.	Parlane, Brent Richmond
603.	Parsons, Dan
604.	Patsalides, George
605.	pb ZAAb
606.	Peak Records
607.	Pell, Anthony
608.	Pengilly, Mark
609.	Pennywise Emterprises Pty Ltd
610.	Performance Industry Pty Ltd
611.	Pete Murray Recording
612.	Peters, Stewart
613.	Petrol Electric Records Pty Ltd
614.	Phantom Music P/L
615.	Pharmacy Records
616.	Philadelphia Grand Jury
617.	Phonographic Performance Limited
618.	(sound recordings only)
619.	Pickering, Chris
620.	Pinewood Records & Promotions
621.	Pistol Records t/a Petrol Records
622.	Pita, Nadene
623.	Plus One Records
624.	Polytainment P/L t/a Polytainment Records
625.	Pondaro Pty Ltd
626.	Power, Jayne-Anne
627.	Powerpoint Music
628.	Powderworks Records
629.	Pratt, Peter Ronald
630.	Prawn and Spanner Records
631.	Private Practice Pty Ltd
632.	Project Mayhem
633.	Public Domain Records
634.	Pugh, Mistin Renee
635.	Puñal, Nicolas Anthony
636.	Puppet
637.	Pursell, Matthew Giles
638.	Pyke, Joshua Jon
639.	Qstik
640.	Quinn, Simone
641.	Rachelle Productions Pty Ltd
642.	Rage 8
643.	Randall – Blair + The Wedded Bliss
644.	Ravin Records
645.	Raw Entertainment
646.	RCB Recordings Australia
647.	Rebza Productions
648.	Red Cat Sounds Pty Ltd
649.	Red Dirt Music
650.	Red Jezebel
651.	Red Rebel Music
652.	Red Recordings
653.	Reflekta Records
654.	Regal Records
655.	Regency Media Pty Ltd t/a Shock Entertainment
656.	Remote Control Records P/L
657.	Rendition Records
658.	REVEALmusix Ltd
659.	Rex Morgan Records
660.	Rezzalp
661.	Rhythm Drop Records
662.	Rhythmscape Publishing Australia
663.	Ride A Wave Productions
664.	Ridin’ High Records
665.	Rieniets, Andrea
666.	Right Now Records
667.	Rigid Records
668.	Rivero, Helen
669.	Rivers, Ronni Rae
670.	Riverview Media Inc.
671.	RMS Productions Pty Ltd t/a Right On Records
672.	Roadrunner Records (Australasia) Pty Ltd
673.	Roadshow Films Pty Ltd t/a Roadshow Music
674.	Rob Severini Productions (RSP)
675.	Roberts, Toby
676.	Robertson, Melissa
677.	Rockola Music
678.	RockSugar Music Pty Ltd
679.	Rocwater
680.	Romig, Jessica Paige
681.	Rodeo Downunder
682.	Rose Entertainment
683.	Rose, Tania t/a Artscope Music and Management
684.	Roy, Kelvin
685.	Rubber Music Pty Ltd
686.	Rufus Records
687.	Russell Harris Entertainment P/L
688.	Ryjo Records Pty Ltd
689.	Safi, Radi
690.	Sahara Music
691.	Saliba, Saba
692.	Salisbury, David
693.	Samples ‘n’ Seconds Records Pty Ltd
694.	Samplifier Music
695.	Sandcastle Music Pty Ltd
696.	Sandrini, Douglas Steven
697.	Sarakula, Joel
698.	Scarboro Music Production
699.	Scales, Gisele
700.	Schneider, Rita
701.	Screensong Pty Limited
702.	Secret Fox Pty Ltd t/a Skipping Girl Vinegar
703.	Select Audio-Visual Distribution Company
704.	Selection Records
705.	Sensory Projects
706.	Serrano, Oscar
707.	Session Records Pty Ltd
708.	Sharman, Leonard t/a Firefly Soul Music
709.	Sharrinovsky, Serge
710.	Shearston, Gary
711.	Sheer Music Pty Ltd
712.	Sheppard, Jeff
713.	Shoestring Productions
714.	Showman Records
715.	Shiny Entertainment Pty Ltd
716.	Shivana Music
717.	Simon Lewis Productions Pty Ltd
718.	Simmonds, Aleyce
719.	Skeates, Toby
720.	Skinny Fish Music
721.	Small House Records
722.	Smash Music Pty Ltd
723.	Smith, Derek
724.	Snape, Anthony
725.	Snarski, Robert
726.	Sokaris Music
727.	Solo, Michael
728.	Song Cycles Pty Ltd
729.	Song Dynasty
730.	Songline Management
731.	Sony Music Entertainment Australia Pty Ltd
732.	Sound Design Pty Ltd t/a Tone Freak Records
733.	Sounds For Space Recordings
734.	Space Like Alice
735.	Spaced Out Sounds
736.	Sparks, Jessie
737.	Speak N’ Spell Records Pty Ltd
738.	Speak N’ Spell Touring Pty Ltd
739.	Spinstyle Records
740.	Spirit Of Play Productions Pty Ltd
741.	Spiteri, Cristy
742.	Split Records
743.	SRP
744.	Stafford Brothers
745.	Stanley, Michael
746.	Starlite Records
747.	Stereolife Records
748.	Sterry, David
749.	Stewart, Kenneth J
750.	Stewart, Tamara
751.	Steward, Timothy John
752.	Stewart, W.A. & P.
753.	STO Management Group t/a KH Management
754.	Stomp Pty Ltd
755.	Stone, David
756.	Stone Parade
757.	Storm Front P/L
758.	Stormfront Productions
759.	Stratum Management
760.	Street, Sally
761.	Strinesong Pty Ltd
762.	Stringmansassy Pty Ltd
763.	Suade Voices
764.	Sub Conscious Records
765.	Sub Continental Dub
766.	Subsonic Records
767.	Subterranean Records
768.	Suffargette Music
769.	Sugarrush / Soi Records
770.	Sundown Music
771.	Sunwrae
772.	Super Massive
773.	Superengine
774.	Supersede Music
775.	Suresh Music
776.	Sureshaker Music
777.	SW Songs and Publishing
778.	Swaggie Records
779.	Sweat It Out! Pty Ltd
780.	Swordtail Records
781.	Sydonia Music
782.	Szabo, Luke
783.	Table Music Ltd
784.	Tabbita Record Company
785.	Takats, Ange
786.	Tall Poppies Foundation t/a Tall Poppies Records
787.	Tamworth Music
788.	Tanch Event Management
789.	Tantrum Records
790.	Tania Kernaghan Productions P/L t/a KCR P/L   (address withheld by request)
791.	Teacup Music
792.	The Black Stars
793.	The Blackeyed Susans
794.	The Boat People
795.	The Camels
796.	The Chaperones
797.	The Dead Abigails
798.	The Disables
799.	The Drop Ltd.
800.	The Flamin Locos
801.	The Glass Corporation
802.	The Hanging Tree
803.	The Jade Diary
804.	The Little Label
805.	The Little Stevies
806.	The Monkey Face
807.	The Museagency
808.	The Necks
809.	The New Invincibles
810.	The Panama Music Company Pty Ltd
811.	The Panda Band
812.	The Paradise Motel
813.	The Prophet Productions
814.	The Resignators
815.	The Restless
816.	The Saruzu Quartet
817.	The Sign
818.	The Ska Sound System
819.	The Spot Community Services Ltd t/a Starving Kids Records
820.	The Tenants Music
821.	The Three Basics
822.	The Valentines Music Group Pty Ltd
823.	The Vans
824.	The View From Madeleine’s Couch
825.	The Vignettes Music & Touring
826.	The Yearlings
827.	This Heaven Productions
828.	Thomas, Amanda
829.	Thomas, Yolanda
830.	Three Little Fish
831.	Tickler Records
832.	Timothy Madden - Studio Two Twelve
833.	ToCo Australia Pty Ltd
834.	Tonemarket
835.	Toni Janke Productions
836.	Tony Johns Entertainment
837.	Toohey, Ryan
838.	Toskas, Marinas
839.	Toupee Records
840.	Trailblazer Records
841.	Transini, Robert
842.	Transistor Music Australia Pty Ltd
843.	Translator Records
844.	Transmitter Records
845.	Treacle Line
846.	Trevena, Lee Robert
847.	Trickster Music
848.	Trifekta Records
849.	Triple Seven Records
850.	True Blues Pty Ltd
851.	Trycycle Recordings
852.	TSJ Records
853.	Turner, Lee
854.	Turtle Tracks Pty Ltd
855.	Tweedie, Jillian Frances
856.	Twelve Dollar Monkey
857.	Tygergirl Productions
858.	Tyson, Stuart James
859.	Undercover Music Pty Ltd
860.	Underfoot Records Pty Ltd
861.	Unidisc Music Inc
862.	United Music Entertainment Pty Ltd
863.	United World Artists
864.	Universal Music Australia
865.	Urban Guerillas Popular Music
866.	V & H Holdings
867.	V G Promotions
868.	Vacation Records Pty Ltd
869.	Vaguemusic
870.	Valve Records
871.	Vann, Hank
872.	Varro, Aiden
873.	Vassella, Luke
874.	Veivers, Andrew
875.	Very Unique Existence
876.	Vicious Pty Ltd
877.	Victoire, Anousha
878.	Vinci, Terrence Joseph
879.	Visoiu, Zoe
880.	Vital Entertainment Solutions Pty Ltd
881.	Vitamin Records
882.	Vlasak, Michelle Christina
883.	Volcanic Activity
884.	Vuletic, Jennifer
885.	Walker, Dave
886.	Walking Horse
887.	Wallis, John
888.	Walmsley, Raelene Harley Mary
889.	Ware, Bronnie
890.	Warner Music Australia
891.	Warp Records Limited
892.	Warrior Girl Music
893.	Wayward Music
894.	WDO Music
895.	Webb, Daniel
896.	Westlink Multimedia t/a Embryo Records
897.	Whack Recordings Pty Ltd
898.	Wicked Beat Records
899.	Wijesingha, Sheyana
900.	Williamson, Peter
901.	Willems, Bryen
902.	Willow Publishing Pty Ltd
903.	Wills, Stephen t/a Azure Image
904.	Wilson, Rob
905.	Winn, Jason
906.	Winn, Paul
907.	Wiseman, Bryan
908.	Wishing Well
909.	Wolse, Eric
910.	Woodley, Benedict Lionel
911.	Wow Records
912.	Wu Wei
913.
914.	Xobophon Records
915.	Yamaguchi, Satoru
916.	Yarrow, Mitchell Jay
917.	Yes Yes Records Pty Ltd
918.	Young Werther
919.	Zeptepi
920.	Zia Records
921.	Zmak, Anotny