Date lodged:
3 April 2007
Status:
Completed
Outcome:
Granted with conditions on 27 September 2007
Summary
On 3 April 2007 the Phonographic Performance Company of Australia Ltd (PPCA) lodged an application for revocation of authorisations A30082, A30083, A30084, A30085 and A30087 and their substitution with new authorisations.
PPCA sought authorisation for its collective licensing arrangements for the public performance or broadcast of sound recordings and music videos.
On 27 September 2007 the ACCC issued its final determination granting authorisation, subject to conditions, until 31 March 2011.
The terms of the conditions require:
- PPCA to publish a list of sound recordings used in a distribution period, identifying which sound recordings PPCA distributed licence fees for and which sound recordings PPCA did not distribute licence fees for
- alternative dispute resolution procedures to be specifically included in PPCA's Complaints Handling and Dispute Resolution Policy
- each record company to independently develop guidelines outlining the circumstances in which it would consider entering into direct licenses
- written notice to be provided to licensees of proposed fee increases or other material changes to blanket licences.
PPCA sought authorisation for its collective licensing arrangements for the public performance or broadcast of sound recordings and music videos.
On 27 September 2007 the ACCC issued its final determination granting authorisation, subject to conditions, until 31 March 2011.
The terms of the conditions require:
- PPCA to publish a list of sound recordings used in a distribution period, identifying which sound recordings PPCA distributed licence fees for and which sound recordings PPCA did not distribute licence fees for
- alternative dispute resolution procedures to be specifically included in PPCA's Complaints Handling and Dispute Resolution Policy
- each record company to independently develop guidelines outlining the circumstances in which it would consider entering into direct licenses
- written notice to be provided to licensees of proposed fee increases or other material changes to blanket licences.
Applicant(s)
- Phonographic Performance Company of Australia Ltd
Authorisation number(s)
- A91041
- A91042
Applications
| Document title | Date | |
|---|---|---|
| Attachments Part 1 of 2 - Received ( PDF 4.26 MB ) | 3 Apr 2007 | |
| Attachments Part 2 of 2 - Received ( PDF 3.22 MB ) | 3 Apr 2007 | |
| Supporting Submission - Received ( PDF 2.76 MB ) | 3 Apr 2007 | |
| Received ( PDF 804.12 KB ) | 3 Apr 2007 | |
| Show all documents (1 more) | ||
Decisions
| Document title | Date | |
|---|---|---|
| Final Determination ( PDF 866.9 KB ) | 27 Sep 2007 | |
| Draft Determination ( PDF 543.08 KB ) | 18 Jul 2007 |
ACCC correspondence
| Document title | Date | |
|---|---|---|
| ACCC to Brent Fisse Lawyers re Correction to error identified in Final Determination ( PDF 39.12 KB ) | 11 Oct 2007 | |
| ACCC to Interested Parties re Final Determination ( PDF 159.38 KB ) | 27 Sep 2007 | |
| ACCC to Brent Fisse Lawyers re Final Determination ( PDF 49.68 KB ) | 27 Sep 2007 | |
| ACCC to Interested Parties re Consultation Process ( PDF 155.26 KB ) | 29 Aug 2007 | |
| ACCC to Interested Parties re Pre-decision Conference ( PDF 26.03 KB ) | 20 Aug 2007 | |
| ACCC Record of Meeting Between ACCC and Applicant ( PDF 655.33 KB ) | 8 Aug 2007 | |
| ACCC to Interested Parties re Draft Determination ( PDF 388.46 KB ) | 18 Jul 2007 | |
| ACCC to Brent Fisse Lawyers re Interested Party Submissions ( PDF 80.19 KB ) | 2 May 2007 | |
| ACCC to Interested Parties re Consultation Process ( PDF 508.18 KB ) | 4 Apr 2007 | |
| ACCC to Brent Fisse Lawyers re Interested Party Consultation ( PDF 20.51 KB ) | 4 Mar 2007 | |
| Show all documents (7 more) | ||
Submissions - before draft decision
| Document title | Date | |
|---|---|---|
| Australian Hotels Association ( PDF 63.84 KB ) | 12 Jul 2007 | |
| Applicant to ACCC re Response to Interested Party Submissions ( PDF 454.03 KB ) | 25 May 2007 | |
| Shock Records ( PDF 80.89 KB ) | 15 May 2007 | |
| Universal Music Australia Pty Limited ( PDF 39.39 KB ) | 15 May 2007 | |
| Sony BMG Music Entertainment ( PDF 46.7 KB ) | 15 May 2007 | |
| Free TV Australia ( PDF 114.85 KB ) | 14 May 2007 | |
| Vital Entertainment Solutions Pty Ltd ( PDF 44.47 KB ) | 14 May 2007 | |
| Fitness Australia Inc ( PDF 138.84 KB ) | 11 May 2007 | |
| Australian Hotels Association ( PDF 837.72 KB ) | 7 May 2007 | |
| Commercial Radio Australia Ltd ( PDF 180.02 KB ) | 30 Apr 2007 | |
| Australian Broadcasting Corporation ( PDF 71.02 KB ) | 30 Apr 2007 | |
| EMI Music Australia ( PDF 36.26 KB ) | 27 Apr 2007 | |
| SBS Corporation ( PDF 181.98 KB ) | 27 Apr 2007 | |
| Attorney-General Department - Information Law & Human Rights Division ( PDF 78.34 KB ) | 18 Apr 2007 | |
| Show all documents (11 more) | ||
Submissions - after draft decision
Pre-decision conferences
| Document title | Date | |
|---|---|---|
| ACCC to Interested Parties re Pre-decision Conference ( PDF 23.23 KB ) | 15 Aug 2007 | |
| Minutes ( PDF 281.86 KB ) | 14 Aug 2007 | |
| ACCC to Interested Parties re Pre-decision Conference ( PDF 460.39 KB ) | 27 Jul 2007 | |
| ACCC to Brent Fisse Lawyers re Pre-decision Conference ( PDF 68.78 KB ) | 27 Jul 2007 | |
| Show all documents (1 more) | ||