Rightsholders should be paid additional fees for plays via online simulcasts – where a radio station is broadcast via the internet as well as on the airwaves, Australia’s Federal Court has ruled.
The case in question has seen Australian collection society PPCA conflict with the country’s commercial radio sector.
Trade body Commercial Radio Australia had argued that transmission over the internet formed part of existing licensing already in place and therefore didn’t require additional payments. The PPCA, however, argued that simulcasts should not be counted as a broadcast under Australia’s Copyright Act and therefore should be given a separate tariff.
The Australian court ruled in favour of the commercial radio body in February last year but the PPCA appealed leading to the initial decision being overturned.
PPCA can now not only seek a separate for simulcasting but one that is not constrained by the country’s statutory cap which limits payment demands on commercial radio operators for broadcasting to a maximum of 1% of their gross income.