Fitness Australia Appeals Copyright Tribunal's music decision
Following industry consultation, Fitness Australia has decided to proceed with an appeal of the Copyright Tribunal's decision to significantly increase the license to play protected sound recordings in fitness classes by 1500%.
"In relation to the judgment and decision by the Copyright Tribunal, Fitness Australia has sought advice from experts in administrative law and grounds for an appeal have been identified," says Lauretta Stace Fitness Australia Chief Executive Officer.
"The aim of this appeal to the Federal Court of Australia is to have the decision overturned as the revised license fees are unaffordable for the fitness industry."
Tariff V has been increased to $15 per class or $1 per attendee per class. The current rate is 96.8c per class with a capped annual maximum of $2,654. This represents an increase of over 1,500% for the cost of this licence to businesses in the fitness industry.
The effective date for the revised Licence Scheme is yet to be determined by the Copyright Tribunal, but the PPCA has proposed that it be from 1 November 2010 with a short phase-in period.
Revised Licence Scheme
The PPCA has proposed that the revised Licence Scheme be introduced as at 1 November 2010 with a phase-in period for the new tariff rate from 2010-2012. These orders have now been lodged with the Copyright Tribunal. The proposed phase-in schedule is as follows:
|
Period |
Commencement Date |
Rebate available for Class Rate |
Class Rate (inclusive of GST) |
Rebate available for Attendee Rate |
Attendee Rate (inclusive of GST) |
|
1 |
1 Nov 2010 |
48.5% |
$7.70 |
50% |
$0.50 |
|
2 |
1 Jul 2011 |
26.5% |
$11.00 |
25% |
$0.75 |
|
3 |
1 Jul 2012 |
0% |
$15.00 |
0% |
$1.00 |
|
4 |
1 Jul 2013 |
0% |
Previous year + CPI Increment |
0% |
Previous year + CPI Increment |
Download the Operation M.U.S.I.C Copyright Information Sheet.
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