Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 152B

  (1)   In this section:

"manufacturer" has the same meaning as in section   55.

  (2)   An application may be made to the Tribunal for an order determining the manner in which amounts of royalty payable by the manufacturer of a record of a musical work to the owner of the copyright in the work are to be paid.

  (3)   An application may be made by the manufacturer or the owner of the copyright in the musical work recorded by the manufacturer.

  (4)   The parties to an application are:

  (a)   the manufacturer and the owner of the copyright in the musical work; and

  (b)   any organisations or persons who are made parties to the application.

  (5)   Where an organisation (whether claiming to represent manufacturers or the owners of copyrights in musical works or not) or a person (whether a manufacturer or the owner of the copyright in a musical work or not) applies to the Tribunal to be made a party to an application under this section, the Tribunal may, if it thinks fit, make that organisation or person a party to the application if the Tribunal is satisfied that the organisation or person has a substantial interest in the application.

  (6)   Where an application is made under subsection   (2), the Tribunal shall consider the application and, after giving the parties an opportunity of presenting their cases, make an order determining the manner in which amounts of royalty payable by the manufacturer of the record of the musical work to the owner of the copyright in the work are to be paid.