Copyright Guidelines 2018

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The Australian Competition and Consumer Commission (ACCC) is the independent Australian Government agency responsible for ensuring compliance with the Competition and Consumer Act 2010.

The ACCC also has a role under the Copyright Act 1968 (Copyright Act). Under section 157A of the Copyright Act, the Copyright Tribunal of Australia (Copyright Tribunal) is required to have regard to relevant guidelines made by the ACCC in proceedings concerning certain copyright licences and licence schemes, if requested by a party. The ACCC may also seek to become a party to such proceedings (section 157B).

The ACCC has developed draft ACCC Guidelines to assist the Copyright Tribunal in the determination of copyright remuneration (Copyright Guidelines), for the purposes of section 157A. The Copyright Guidelines are available at the ‘Public consultation’ link below.

The ACCC notes that there are a variety of revenue sources available to copyright owners and content creators, and that these Copyright Guidelines only relate to the revenue that is available from collecting societies in the provision of blanket licences.

The ACCC released draft guidelines for consultation in 2006, but did not proceed to finalise these guidelines as it considered that its participation in Copyright Tribunal proceedings would both test its then new role under the Copyright Act and further inform the development of the guidelines. The ACCC considers it is now an opportune time to revise the draft Copyright Guidelines and move towards issuing final guidelines.

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