Telstra Corporation Ltd v Australasian Performing Right Association Ltd

Telstra Corporation Ltd appealed to the High Court of Australia against a decision of the Full Federal Court concerning alleged copyright infringement of musical and literary works. The dispute arose from Telstra's practice of providing music to callers placed on hold, a service offered to its subscribers. Australasian Performing Right Association Ltd (APRA), representing copyright holders, alleged that Telstra's provision of this music constituted infringement of their exclusive rights under the Copyright Act 1968 (Cth).

The High Court was required to determine whether Telstra, by providing music to callers on hold, infringed APRA's exclusive rights. Specifically, the court considered whether Telstra caused the musical works to be transmitted to subscribers to a diffusion service, thereby infringing the diffusion right under section 31(1)(a)(iv) of the Act. Additionally, the court examined whether, in the case of callers using mobile telephones, Telstra had broadcast the works, infringing the broadcast right under section 31(1)(a)(v) of the Act. The interpretation of "to the public" and "broadcast or other matter" within the context of the Copyright Act was also central to the determination.

The High Court, in dismissing the appeal, reasoned that the provision of music to callers on hold constituted a communication to the public. For callers using conventional telephones, the court found that Telstra had caused the works to be transmitted to subscribers to a diffusion service, as the telephone network acted as a diffusion service. For callers using mobile telephones, the court concluded that Telstra's actions amounted to a broadcast. The court applied the principles of copyright law, particularly the exclusive rights granted to copyright owners, and interpreted the relevant provisions of the Copyright Act 1968 (Cth) in light of the technological means by which the music was communicated.

The appeal was dismissed with costs.