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ARTICLE · 06 MARCH 2013

Court changes its tune on internet-streamed radio

Clayton Utz
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Copyright owners can claim a separate royalty for songs played in a radio program that is simulcast over the internet.

AustraliaIntellectual Property
Mary Still
Mary Still
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Copyright owners will be able to claim a separate royalty for their songs played in a radio program that is simulcast over the internet, following a decision by the Full Federal Court (Phonographic Performance Company of Australia Limited v Commercial Radio Australia Limited [2013] FCAFC 11).

An earlier decision had found that radio programs simulcast over the internet fall under the definition of "broadcasts" and therefore broadcasters do not need to pay extra royalties for using copyrighted music.

The primary issue was whether a simulcast is a communication to the public delivered by a broadcasting service within the meaning of section 6(1) Broadcasting Services Act 1992 (as affected by a Ministerial Direction) and thus within the terms of a broadcasting licence.

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