Copyright Legislation Amendment (Fair Pay for Radio Play) Bill 2023

High-Level Summary

Amends the Copyright Act 1968 to remove restrictions limiting the Copyright Tribunal from: determining the amount payable to copyright owners, in respect of published sound recordings, to one per cent of the commercial broadcaster’s gross earnings; and determining the amount payable by the Australian Broadcasting Corporation from to copyright owners, in respect of published sound recordings, to an amount not exceeding 0.5 cents per head of the Australian population.


Summary
The bill affects the Copyright Act 1968 by repealing subsections 152(8) to 152(11), which currently limit the amount payable by radio broadcasters and the ABC for broadcasting sound recordings. Specifically, it removes the provision limiting radio broadcasters to paying no more than one percent of their gross earnings and the ABC to paying no more than 0.5 cents per head of the Australian population. By removing these caps, the bill allows the relevant copyright collecting societies to engage in market-based negotiations with broadcasters, aligning these rights with other forms of copyright that do not have statutory fee caps. The Copyright Tribunal will still serve as a safeguard for determining fair remuneration.

Argument For
Normative Bases
  1. Pro-Democracy
  2. Intellectualism
  3. Utilitarian Ground Truth

The bill should be supported because it promotes fair compensation for artists and rights holders by allowing market-determined licensing fees, thereby aligning with democratic values of fairness and equity. Ensuring artists receive fair pay encourages the continued creation and dissemination of cultural works, benefiting society as a whole. Furthermore, aligning radio broadcast rights with other copyright forms supports intellectual development and innovation by fostering a more balanced and competitive market [Judgment].


Argument Against
Normative Bases
  1. Hobbesianism
  2. Value-Neutral / Epistemic Objection

The bill should be opposed because removing the caps may lead to increased costs for broadcasters, which could be passed on to consumers or lead to reduced diversity in radio programming as smaller broadcasters struggle to afford higher fees. This could potentially destabilize the current balance in the media landscape, undermining the availability of diverse content for the public. Moreover, it may disproportionately affect smaller community stations that play a vital role in local culture and information dissemination [Judgment].


Date:

2023-08-03

Chamber:

Senate

Status:

Before Senate

Sponsor:

POCOCK, Sen David

Portfolio:

Unspecified

Categories:

Media / Advertising, Intellectual Property, Democratic Institutions

Timeline:
03/08/2023
23/07/2025

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