Login
Gyms win in Federal Court music ruling
Gyms have won a reprieve from a ruling that would force them to pay more for music played in fitness classes as the Federal Court yesterday overturned a Copyright Tribunal decision.
The New Lawyer
GYMS have won a reprieve from a ruling that would force them to pay more for music played in fitness classes as the Federal Court overturned a Copyright Tribunal decision yesterday.
To continue reading the rest of this article, please log in.
Create free account to get unlimited news articles and more!
In May this year the fitness industry was fuming over the decision to hike the fees gyms pay for playing music from 94.6 cents to $15 per class.
But yesterday the industry was celebrating a decision in the Full Federal Court to set aside that increase. The Court upheld Fitness Australia's appeal and has remitted the matter back to the Copyright Tribunal.
The Fitness Australia appeal claimed the Copyright Tribunal had failed to afford "natural justice" to Fitness Australia, referring to the right to be given a fair hearing and present one's case. The Full Federal Court was not concerned about the $15 figure, but whether the Tribunal had afforded natural justice.
In May this year, the Phonographic Performance Company of Australia (PPCA), a leading recording industry group, won its bid to replace the previous copyright fee.
On examining the ruling, the Federal Court found the Copyright Tribunal conducted itself in a way which was "procedurally unfair to Fitness Australia", the judgment said.
