Description of Conduct
On 30 April 2013 APRA applied for revocation of authorisations A91187-A91194 and A91211 and their substitution with new authorisation on substantially the same terms for a further six years.
The applications relate to APRA's standard arrangements for the acquisition and licensing of the performing rights in its music repertoire.
On 6 June 2014 the ACCC issued a final determination granting conditional authorisation for a period of five years until 28 June 2019. The conditions of authorisation require APRA to:
-publish, within 3 months of the ACCC's final determination, including as a single document, a comprehensive plain English guide that outlines all of the licence categories individually and includes other specified information (condition C1)
-within 3 months of the ACCC's final determination, take certain steps to increase awareness of the licence back and opt out provisions provided by APRA, including publishing a plain English guide and launching an education campaign (condition C2)
-require APRA to implement a revised ADR scheme (condition C3) to be managed by an independent facilitator. The scheme must offer informal resolution, mediation, expert opinion and binding determination to APRA licensees and members. The ADR scheme must incorporate a consultative committee to provide feedback and other advisory input to APRA and to the facilitator. This condition incorporates the key features of APRA's existing expert determination process and the conditions which were imposed in 2010, including the ADR reporting requirements. APRA must arrange an independent review of the ADR scheme after it has been in operation for three years.
A copy of the ACCC's determination is available by following the links below.
The applications relate to APRA's standard arrangements for the acquisition and licensing of the performing rights in its music repertoire.
On 6 June 2014 the ACCC issued a final determination granting conditional authorisation for a period of five years until 28 June 2019. The conditions of authorisation require APRA to:
-publish, within 3 months of the ACCC's final determination, including as a single document, a comprehensive plain English guide that outlines all of the licence categories individually and includes other specified information (condition C1)
-within 3 months of the ACCC's final determination, take certain steps to increase awareness of the licence back and opt out provisions provided by APRA, including publishing a plain English guide and launching an education campaign (condition C2)
-require APRA to implement a revised ADR scheme (condition C3) to be managed by an independent facilitator. The scheme must offer informal resolution, mediation, expert opinion and binding determination to APRA licensees and members. The ADR scheme must incorporate a consultative committee to provide feedback and other advisory input to APRA and to the facilitator. This condition incorporates the key features of APRA's existing expert determination process and the conditions which were imposed in 2010, including the ADR reporting requirements. APRA must arrange an independent review of the ADR scheme after it has been in operation for three years.
A copy of the ACCC's determination is available by following the links below.
Applicant(s)
- Australasian Performing Right Association Ltd
Applications
Other
| Document title | Date | |
|---|---|---|
| Report of independent review of APRA ADR Scheme - December 2018 |
Decisions
| Document title | Date | |
|---|---|---|
| Final Determination | ||
| Interim Authorisation Decision | ||
| Draft Determination |
Reporting
| Document title | Date | |
|---|---|---|
| Report under Condition C3 |