Copyright tribunal
Establishment
The Copyright Tribunal is an independent body established by s.138 of the Copyright Act 1968. The Act and the Copyright (Tribunal Procedure) Regulations set out its membership, functions, powers and procedures.
Membership
The Copyright Tribunal consists of a President and any number of Deputy Presidents and other members appointed by the Governor-General. The Tribunal presently consists of a President, a Deputy President and three members.
The President must be a Judge of the Federal Court of Australia (s.140(1)). A Deputy President must be, or have been, a Judge of a federal court or of a State or Territory Supreme Court (s.140(1A)). A member (other than the President or a Deputy President) cannot be appointed unless he or she meets one of the five criteria set out in s.140(2) of the Act.
Functions
The Tribunal undertakes a variety of mainly arbitral functions. It determines applications and references made to it.
Applications which can be made to the Tribunal include those :
- seeking a determination (in default of an agreement between a user and a copyright owner or a collecting society acting on their behalf) of remuneration or royalties payable for the exercise of a statutory licence;
For example, an applicant might seek the Tribunal's determination of the royalties payable for the public performance and broadcasting of musical works or the equitable remuneration owing for copying by educational institutions. - seeking a determination of a sampling system for assessing the extent of use of copyright material covered by some statutory licences;
- seeking a declaration of a relevant collecting society for the purpose of the government copying licence or a revocation of a declaration; and
- relating to the granting of a licence of a kind specified in s.136(1) of the Act, whether or not a licence scheme applies. Applications of this kind typically arise if the licensor has failed or refused to grant a licence.
Proposed and existing licence schemes can be referred to the Tribunal. A licensor (typically a collecting society) who proposes to bring a licence scheme into operation may refer the scheme to the Tribunal (s.154). A party to a dispute which has arisen under an existing scheme may refer that scheme to the Tribunal (s.155). The Tribunal is required to consider the scheme, hear the parties and make an order, either confirming or varying the scheme, as the Tribunal considers reasonable in the circumstances.
The Tribunal may, of its own motion or at the request of a party, refer a question of law arising in proceedings before it to the Federal Court of Australia for determination (s.161).
Procedure
The procedure of the Tribunal is within its discretion, subject to the Act and the regulations (s.164(a)). The Tribunal is not bound by the rules of evidence (s.164(b)). Cost orders may be made by the Tribunal in any proceedings (s174).
Access to information
The Tribunal has a register of matters coming before it. It also maintains the following categories of documents:
- documents relating to matters heard by, or applications or references to, the Tribunal, including documents filed with the Tribunal
- Tribunal decisions and the reasons for these decisions
- documents concerning administration of the Tribunal and
- general correspondence.
Access to some of these documents may require a request under the Freedom of Information Act 1982 and procedures under that Act to be followed. The only officer authorised to grant or withhold access to documents which are the subject of a FOI request is the Secretary.
Those documents which are not subject to FOI are available free of charge. A brochure entitled 'Copyright Law in Australia', which is produced by the Attorney-General's Department, is available free of charge, upon request.
Contact the copyright tribunal
Enquiries regarding access to documents, facilities for examining documents and obtaining copies, and facilities available to assist people with disabilities to obtain access to documents should be directed to:
The Registrar
The Copyright Tribunal of Australia
Level 16, Law Courts Building
Queens Square
Sydney NSW 2000.
Tel: (02) 9230 8567 (9am-4pm)
Fax: (02) 9230 8535