Description of Conduct
On 7 March 2023, the Australian Entertainment Industry Association (trading as Live Performance Australia), applied to the ACCC for authorisation on behalf of itself and the live music promoters, arts festival organisers and music festival organisers who are Live Performance Australia members (the Members).
Live Performance Australia proposes to negotiate, on behalf of the Members, with the Australasian Performing Right Association Limited (APRA), the Phonographic Performance Company of Australia Ltd (PPCA) and OneMusic Australia with respect to the acquisition of copyright licences for music works, sound recordings and music videos in Australia. Negotiations would relate to terms and conditions, including licence fees, of copyright licences. Live Performance Australia is additionally seeking to represent members before the Copyright Tribunal, and in alternative dispute resolution processes, in relation to the acquisition of these licences.
On 10 May 2023, the ACCC issued a draft determination proposing to grant authorisation for 10 years. The ACCC also granted interim authorisation to enable Live Performance Australia to commence the proposed conduct while the ACCC considers the substantive application.
On 22 June 2023, the ACCC issued a final determination granting authorisation until 14 July 2033.
Copies of the ACCC’s final determination, draft determination and interim authorisation decision and the application for authorisation are available below.
- AUSTRALIAN ENTERTAINMENT INDUSTRY ASSOCIATION
|ACCC letter to Interested Parties|
|ACCC to Interested Parties re Consultation Process|
|ACCC to Interested Parties re Final Determination|