In May 2004, PPCA wrote to its nightclub, dance and dance party licensees and trade organisations representing these licensees, informing them of its intention to review the structure of its current Tariff “E” and the rate payable for the use of protected sound recordings in nightclubs and at dances and dance parties. PPCA invited the licensees and organisations to participate in a consultation process in respect of its review of Tariff “E”.
Overall, only a small number of licensees responded, and the process did not lead to any clear consensus as to what an equitable tariff for the use of protected sound recordings in dance venues would be.
Consequently, PPCA formed the view that, before any change should be made to the tariff, a much more comprehensive review, where all points of view are considered, should take place in order to determine a rate that is reasonable in the circumstances. PPCA considered that the most appropriate and fairest way to progress the review for all parties concerned was to have it conducted as formal proceedings in the Copyright Tribunal, as provided for under the Copyright Act. At the end of September 2004, PPCA wrote to its nightclub, dance and dance party licensees and their representative organisations advising them of the proposed Tribunal proceedings.
The Copyright Tribunal is a specialist administrative body established under the Copyright Act. It has the function of determining equitable remuneration or reasonable licence fees for a wide variety of uses of copyright protected materials and has the authority to conduct a review and make an order which sets a reasonable licence fee. The hearing has been set for June 10 with the tribunal. For further information please go to www.ppca.com.au