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Standing Committee on Legal and Constitutional Affairs

Committee activities (inquiries and reports)

Don't stop the music! A report of the inquiry into copyright, music and small business

This report remains the property of the Commonwealth of Australia 1998.
ISBN 0 644 526416.

The report of the inquiry into copyright, music and small business was tabled in the House of Representatives on 1 June 1998.

The government response was tabled on 2 November 2000: Website

To view or print the report, you will require the Acrobat PDF reader®, which can be downloaded free of charge from Adobe®.

Contents

Foreword

Membership of the Committee

Terms of reference

Abbreviations

Summary and recommendations

Chapter 1 - Introduction

    Inquiry process
    Background to the inquiry
    Matters the Committee must take into account
    Scope of this report

Chapter 2 - The public performance right

    Introduction
    Copyright
    Types of copyright which arise in music
    Exclusive rights
    The right to perform in public
    Exceptions
    International obligations
    Copyright collecting societies

Chapter 3 - Information provided to small business by copyright collecting societies

    Introduction
    Comparison of approaches
    APRA's response to criticism
    Calls for information campaign
    Conclusions

Chapter 4 - Whether licences take sufficient account of the number of listeners

    Introduction
    Licence fees
    Taking account of audience size
    The purpose of the music
    A commonsense approach?
    Administrative burdens
    An exemption for small business?

Chapter 5 - Distinguishing between direct and indirect playing of music

    Introduction
    Value of indirect playing music
    Broadcasters pay the fees
    Philosophical issues
    Legislative option define public performance
    Voluntary system of complimentary licences
    Conclusions

Chapter 6 - Cooperation between APRA and the PPCA in the collection of royalties

    Introduction
    Licensees views
    Collecting societies views
    Composers' views
    Simpson Report
    Conclusion

Chapter 7 -The copyright tribunal as an avenue for review to small businesses

    Introduction
    Monopoly status of collecting societies
    The Copyright Tribunal
    Effectiveness as an avenue of review for small business
    The Copyright Tribunal and counteracting monopoly status
    Balancing the rights of small user and the power of collecting societies
    Broadening the jurisdiction of the Copyright Tribunal
    Dispute resolution
    Code of conduct
    Conclusion

Chapter 8 - Future technological developments

    Introduction
    The internet Appendices

Appendix A - List of Submissions

Appendix B - List of Exhibits

Appendix C - List of Witnesses

Appendix D - Sample material from copyright collecting societies

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