← All Authorities
Australia copyrightparliamentary sovereignty

Phonographic Performance Company of Australia Ltd v Commonwealth

(2012) 246 CLR 561
JurisdictionAustralia
CourtHigh Court of Australia
Year2012
StatusBinding authority

Summary

Statutory licence scheme for sound recordings validly enacted under constitutional copyright power and did not constitute an unjust acquisition of property.

Key Principle

The HCA held that a statutory licence scheme for sound recordings was a valid exercise of the copyright power under s.51(xviii) of the Constitution and did not constitute an acquisition of property on unjust terms.

Area of Law

ip

Related Cases

Cantarella Bros Pty Ltd v Modena Trading Pty Ltd (2014) 254 CLR 337

Foreign words used as trademarks are assessed for descriptiveness in the Australian English-speaking market; Italian words for coffee were registrable as not inherently descriptive.

Roadshow Films Pty Ltd v iiNet Ltd (2012) 248 CLR 42

An ISP that failed to act on infringement notices did not authorise subscribers' copyright infringement via BitTorrent, as it lacked the requisite control over the infringing acts.

IceTV Pty Ltd v Nine Network Australia Pty Ltd (2009) 239 CLR 458

Copyright does not subsist in factual compilations based on mere industrious collection; originality requires independent intellectual effort in expression.

Ask CommonBench about this case

Get a detailed analysis of Phonographic Performance Company of Australia Ltd v Commonwealth and how it applies to your situation.

Explain Phonographic Performance Compa...