Telstra Corporation Ltd v Australasian Performing Right Association

Telstra Corporation Ltd (Telstra) and the Australasian Performing Right Association (APRA) were the parties in this matter before the High Court of Australia. The dispute concerned the interpretation of section 109 of the *Copyright Act 1968* (Cth) and its application to Telstra's provision of radio services to its customers. APRA, representing copyright holders, alleged that Telstra's actions constituted copyright infringement.

The central legal issue before the High Court was whether Telstra, by making radio broadcasts available to its customers through its telecommunications network, was performing the underlying musical works and sound recordings in a manner that infringed APRA's members' copyrights. Specifically, the Court had to determine if Telstra's transmission of radio signals constituted a "communication to the public" under the *Copyright Act 1968* (Cth) in circumstances where the end-user could tune into the broadcast.

The High Court, in a majority decision, found in favour of APRA. The Court reasoned that Telstra's transmission of radio broadcasts to its customers constituted a communication to the public, and that Telstra was therefore performing the works and sound recordings. The Court applied the principles of copyright law, focusing on the exclusive right of copyright owners to control the communication of their works to the public. The Court distinguished between the act of broadcasting and the act of making that broadcast available to a subscriber, finding that Telstra's role in the latter was sufficient to engage its liability for infringement.

Consequently, the High Court dismissed Telstra's appeal and upheld the decision of the Full Federal Court, finding that Telstra had infringed APRA's copyrights.