Corporate and M&A

By: Mark Brookes, Partner, David Fisher, Associate and Michael Elliott, Solicitor; Carter Newell (Queensland, Australia)

The recent Full Court of the Federal Court decision in Phonographic Performance Company of Australia Limited v Commercial Radio Australia Limited [2013] FCAFC 11 will have a significant affect on the way in which radio broadcasters operate in Australia. The finding that radio programs simulcast over the internet are not 'broadcasts' within the meaning of s10 of the Copyright Act 1968 (Cth) , means that radio broadcasters will now be required to obtain an additional licence if they wish to continue simulcasting online.

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