Description of Conduct

On 6 February 2024, the Australasian Performing Right Association (APRA) lodged an application for revocation of authorisation AA1000433 and substitution of a new authorisation AA1000661.

APRA is seeking authorisation to continue its arrangements for the acquisition and licensing of performing rights (which consist of the rights to perform in public and to communicate to the public) in music works. The arrangements cover:

  1. Input Arrangements: APRA requires its members to assign to it the performing rights in all the works owned and controlled by the member, subject to the resignation, opt-out and licence back provisions of APRA’s Constitution;
  2. Reciprocal Terms: APRA’s reciprocal arrangements with overseas collecting societies by which, in large part, the collecting societies grant each other the exclusive right to license works they respectively control;
  3. Blanket Licenses: APRA grants licences for users to perform in public or communicate to the public any of the works in its repertoire; and
  4. 50% rule: As a member of the International Confederation of Societies of Authors and Composers, APRA is required to allocate at least 50% of royalties in relation to any work to the composer/author of the work.

Authorisation is sought for 5 years.

APRA has also requested interim authorisation to enable it to continue with the arrangements (as described above) in the event the ACCC is still considering the application after 4 August 2024, being the expiry of authorisation AA1000433.

The ACCC invites the views of interested parties on the substantive application for authorisation and interim authorisation. Submissions are requested by Monday, 11 March 2024.

If you wish to make a submission in relation to this matter, please lodge it via this web form.

An indicative timeline for the ACCC’s assessment is set out below. Any changes to this timeline will be published here.

Indicative date

Stage in assessment process

6 February 2024

Lodgement of application and supporting submission.

19 February 2024

Public consultation process begins.

11 March 2024

Closing date for submissions from interested parties.

April 2024

Applicant responds to issues raised in the public consultation process.

May/June 2024

Draft determination.

June/July 2024

Public consultation on draft determination including any conference if called.

August/September 2024

Final determination.

Applicant(s)

  • AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LTD

Authorisation number(s)

  • AA1000661-1