Australasian Performing Right Association Limited

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

On 29 April 2024, APRA revised its description of the conduct. 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’s input arrangements arising from the standard form of assignment for APRA’s members (whereby APRA requires its members to assign to it the performing rights in all of the works owned or 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 the collecting societies grant each other the exclusive right to license works they respectively control;
3. Blanket licences: APRA’s output arrangements, in particular APRA granting blanket licences for users to perform in public or communicate to the public any of the works in its repertoire; and
4. Distribution Arrangements: APRA’s distribution arrangements arising from APRA’s constitution – in particular, Article 93 and APRA’s “Distribution Rules”.

Authorisation is sought for 5 years.

On 19 June 2024, the ACCC granted interim authorisation to enable APRA to continue its arrangements for the acquisition and licensing of performing rights in musical works (being the conduct authorised by the 2020 ACCC Determination), while the ACCC considers the substantive application.

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

The ACCC is currently considering whether it would be appropriate to make changes to the Alternative Dispute Resolution scheme (required under condition 6 of the existing authorisation), in the event authorisation AA1000661 is granted.

The ACCC expects to make a draft determination in relation to the application for authorisation in mid-2025.