The firm argued for its client, the Phonographic Performance Company of Australia (PPCA), in convincing the Copyright Tribunal that a substantial increase is warranted in the license fee for the use of music in fitness classes.

The ruling, in the Copyright Tribunal, represents a major victory for the music industry, as the Tribunal determined the 96.8 cents per class, capped at $2,654 per year, is not enough payed by the fitness industry.

The new rate will mean that gyms have the option of paying $1 per fitness class attendee, or $15 for each class that uses PPCA music.

The Copyright Tribunal found that this examination of the use of music in fitness classes “has revealed that recorded music is an essential accompaniment to such classes. Without it, the classes would not function in the manner in which they are presently conducted and which fitness class attendees have come to expect.”

The result will also have important flow on effects for recording artists, which mean that they will finally receive a fair return in royalty payments for the use of their music in fitness classes, the law firm said today.

The decision is the most recent in a line of Copyright Tribunal decisions in which Gilbert + Tobin has successfully argued for a review and substantial increase of the public performance tariffs to be applied for the use of music.

The Gilbert + Tobin team was led by IP partner, Siabon Seet and associate, Irene So.

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