Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 152A

  (1)   In this section:

"manufacturer" has the same meaning as in section   55.

  (2)   Subject to this section, an application may be made to the Tribunal for an order determining, or making provision for determining, the amount of royalty payable by the manufacturer of a record of a musical work to the owner of the copyright in the work during a period specified in the application.

  (3)   An application may be made by the manufacturer or the owner of the copyright in the musical work recorded by the manufacturer.

  (4)   The parties to an application are:

  (a)   the manufacturer and the owner of the copyright in the musical work; and

  (b)   any organisations or persons who are made parties to the application.

  (5)   Where an application is made under subsection   (2), the Tribunal shall consider the application and, after giving the parties an opportunity of presenting their cases, make an order determining, or making provision for determining, an equitable amount of royalty payable by the manufacturer of the record of the musical work to the owner of the copyright in the work during the period specified in the order.

  (6)   Where an organisation (whether claiming to represent manufacturers or the owners of copyrights in musical works or not) or a person (whether a manufacturer or the owner of the copyright in a musical work or not) applies to the Tribunal to be made a party to an application under this section, the Tribunal may, if it thinks fit, make that organisation or person a party to the application if the Tribunal is satisfied that the organisation or person has a substantial interest in the application.

  (7)   The period that may be specified in an order under subsection   (5) in relation to a manufacturer may be a period beginning before the date of making of the order or before the date of making of the application but shall not be a period beginning before:

  (a)   the end of the period specified in the last preceding order (if any) made under that subsection in relation to that manufacturer; or

  (b)   the commencement of this section.

  (8)   Where an order is in force under this section, the manufacturer in relation to whom the order applies is liable to pay to the person specified in the order the amount of royalty so specified at the times so specified and that person may recover the amount, if it is not paid in accordance with the order, in a court of competent jurisdiction from the manufacturer as a debt due to the person.