Copyright Tribunal concludes hearing evidence in PPCA case

Australia's Copyright Tribunal has heard the final evidence in relation to the Phonographic Performance Company of Australia Limited (PPCA) proposal to change the fitness class tariff.

In a statement Fitness Australia advised "expert and industry witnesses for Fitness Australia performed extremely well under cross-examination and our legal team presented an excellent case in response. Closing submissions are now to be written by each party and will be presented orally to the Tribunal over three days in the week beginning 29th June 2009. A determination will be made by the Tribunal on the licence scheme and tariff rate some time after that date.

"Before the hearing adjourned on Friday, Justice Driver shared some preliminary thoughts regarding the licence scheme presented by the PPCA ($4.54 per member per month and $0.99 per casual visit), stating that 'at this stage the Tribunal is not convinced that that is the most appropriate course'.

"Justice Driver also indicated that the Tribunal will consider a variation to the scheme and that they will also be considering whether any different arrangements should be made as between a class where music is an essential component, because of rhythm and tempo issues, and a class where music is optional because it only provides ambient qualities, such as stretching classes.

"Fitness Australia is very encouraged by these remarks by Justice Driver and we will now be working on the closing submissions with the goal of obtaining a fair and reasonable outcome for the fitness industry."

The issues behind this case were published in March/April 2009 issue of Australasian Leisure Management.

Image courtesy of UQ Sport.

16th March 2009 - FITNESS MUSIC BATTLE HEADS TO COURT

26th May 2008 - PPCA ADVANCE ARTISTS CAUSE IN MUSIC LICENSING BATTLE

7th April 2008 - IHRSA, FITNESS FIRST BACK MUSIC LICENSING BATTLE