News & Media
PPCA's National Enforcement Program
PPCA operates a nation-wide inspection and enforcement program which is utilised in circumstances where business owners, despite PPCA’s repeated efforts, refuse to take out the necessary licences for the public performance of protected sound recordings on their premises.
To protect artists, labels and our compliant licensees, PPCA has added resources to the National Enforcement Program including teams of inspectors visiting venues and premises all around Australia.
In all cases where PPCA inspections have confirmed the unauthorised public performance of sound recordings and which have been pursued by PPCA’s Department of Business and Legal Affairs, a successful licensing arrangement has been implemented either through legal proceedings or negotiation (see case studies below).
PPCA always prefers that a business takes out the appropriate licence without the need to resort to legal action. We have licensing staff to assist businesses in what can be a complex area of legal compliance, particularly for those who encounter copyright issues for the first time. Unfortunately some business owners, despite PPCA’s efforts, do on occasion refuse to take out the necessary licences and in these circumstances they leave PPCA little alternative than to carry out site inspections and commence legal proceedings.
It’s important for business owners to know their legal obligations with regard to playing copyright protected sound recordings and music videos in a commercial environment, and to seek legal advice if they are uncertain.
If you are using sound recordings in your business, and do not have a licence from either PPCA or the relevant record companies, we urge you to contact our licensing department on 02 8569 1111.
What's New? Click here for the latest news on the Enforcement Program
Case Studies
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Case study #1:
PPCA sues South Australian fitness centre for copyright infringement
On 1 July 2008, PPCA commenced copyright infringement proceedings in the Federal Magistrates Court against a large fitness centre in South Australia. PPCA’s Licensing Department had been communicating with the fitness centre for a number of years in an effort to ensure that it was licensed appropriately for the public performance of sound recordings used in its fitness classes. The owners of the fitness centre refused to comply with their licensing obligations. As a result, the fitness centre was referred to PPCA’s National Enforcement Program and PPCA conducted an inspection of the premises.
During their inspection, PPCA investigators obtained evidence of copyright infringement in protected sound recordings. PPCA’s Legal Department wrote to the owners of the fitness centre and attempted to contact them by telephone on many occasions with a view to resolving its claim without recourse to legal proceedings. However, the Legal Department failed to receive any response from the fitness centre.
Consequently, as stated above, proceedings were issued in the Federal Magistrates Court. The matter was set for a trial hearing on 8 December, however, it settled shortly prior on 3 December 2008, in favour of PPCA. The owners have agreed to pay PPCA the sum of $30,000.00, which includes PPCA licence fees dating back to February 2003, interest on the backdated licence fees, legal costs and additional damages to compensate for the copyright infringement which has taken place at the centre. The centre is now licensed for the public performance of protected sound recordings until 31 January 2009, and the owners have also agreed to obtain a PPCA licence for any PPCA repertoire played at the fitness centre from 1 February 2009.
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Case study #2:
Retail fashion accessory chain sued for copyright infringement
PPCA successfully sued a prominent fashion accessory chain comprising 44 stores for copyright infringement after an inspection of one of its stores indicated the performance of copyright protected music without the requisite sound recording licence. The matter was settled and PPCA obtained licence fees in relation to all 44 of the chain’s stores for the previous year and ensured that the chain attained a PPCA licence for all of its stores through its music service provider for the current year. PPCA also recovered its legal costs together with interest on the unpaid licence fees until the date of settlement.
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Case study #3:
Brisbane restaurant infringing copyright
PPCA inspected a well-known restaurant in Brisbane and found unauthorised public performance of protected sound recordings on its premises. On the basis of the evidence obtained during the inspection, PPCA recently sued the restaurant. The matter was settled and PPCA obtained damages in the form of current licence fees and back fees for prior periods, interest on unpaid fees and legal costs.
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Case study #4:
Adelaide nightclub found illegally playing copyright protected music
PPCA sued a popular Adelaide nightclub for infringement of copyright after an inspection of the nightclub revealed the unlicensed performance of copyright protected music on its premises. The Federal Magistrates Court awarded PPCA damages (licence fees including back fees for prior periods), interest on unpaid fees and legal costs in the sum of $58,080.96. In addition, recognising the nightclub’s deliberate and blatant disregard for copyright law, the Federal Magistrates Court awarded PPCA additional damages in the amount of $85,000.00.
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