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radio stations now required to pay royalties to simulcast


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Australian radio stations not required to pay copyright royalties to simulcast online

February 24, 2012

The Federal Court of Australia has recently determined that a simulcast is a "broadcast" within the meaning of the term in the Copyright Act, and as such, falls within the scope of non-exclusive broadcasting licences issued to Australian commercial radio stations by the Phonographic Performance Company of Australia ("PPCA"). The decision clarifies the meaning of "broadcast" under the Copyright Act, and provides useful guidance as to the approach Australian Courts take to the interpretation of intellectual property agreements, legislation and ministerial determinations.

This has since been overturned in the courts and they are now required to pay royalties to simulcast online.

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