The Copyright Agency lodged an action in the Copyright Tribunal in November 2018 after a breakdown in commercial negotiations with Universities Australia for a new licensing agreement beginning in 2019.
Recently, the Copyright Tribunal determined an interim rate that Universities Australia is required to pay in copyright licence fees, while the case between Copyright Agency and UA is being heard.
Justice Nye Perram has ordered that Universities continue to pay the previously agreed $32.5m per annum fee with half, $16.25m, to be paid directly to the Copyright Agency to be distributed to its members this calendar year. The remaining 50% of the fee will be held in an interest-bearing account, until the case is finalised.
The Tribunal has determined the interim rate without reference to the merits of the case. So, there is no indication that this amount will be the final rate and, if a higher rate is set as an outcome of the case, UA will need to make up any difference by way of a back payment, first using the money held in the interest-bearing account.
While it does mean that our members will receive less income over the course of the Tribunal case, the Tribunal’s order does provided certainty around payments throughout the proceedings.
See a message from Copyright Agency CEO Adam Suckling.