Copyright licensing

In December 2006 the Copyright Act 1968 was amended in two ways that are relevant to the ACCC and its functions:

• In proceedings concerning voluntary licences and licence schemes, the Copyright Tribunal of Australia must, if requested by a party to the proceedings, consider relevant guidelines (if any) made by the ACCC.
• The tribunal may make the ACCC a party to a matter before the tribunal (if the ACCC asks to be made a party and the tribunal is satisfied that it would be appropriate to do so).

In November 2006 the ACCC released a draft guide to copyright licensing and collecting societies for public consultation, with submissions on the draft due by 31 January 2007.

Since the release of the draft guide, the ACCC has been made a party to references to the Copyright Tribunal of Australia by Phonographic Performance Company of Australia and Australasian Performing Right Association and Australasian Mechanical Copyright Owners Society. At this stage, the ACCC does not intend to release another version of the guide until it has had the opportunity to review the draft guide in light of these proceedings and submissions received to date.

The ACCC is also likely to provide interested parties with an opportunity to comment on a revised version of the guide before it is finalised.