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Copyright Liability For The Playing Of 'Music On Hold': Telstra Corporation Ltd V Australasian Performing Right Association Ltd, William Van Caenegem
Copyright Liability For The Playing Of 'Music On Hold': Telstra Corporation Ltd V Australasian Performing Right Association Ltd, William Van Caenegem
William Van Caenegem
Extract: This is a test case brought by the Australasian Performing Rights Association (APRA), the assignee of copyright in musical and literary works for the purpose of the public performance rights (both live and mechanical), the right of transmission to subscribers to a diffusion service (the diffusion right) and the broadcast right. The question to be determined is whether Telstra (or Telecom as it was called at the outset of proceedings) by providing certain music on hold services, is liable to APRA because of a breach of their diffusion and/or broadcast rights under the Copyright Act 1968 (Cth). APRA sought …