Federal Court case awarding additional damages for copyright infringement handed down - Blake Dawson Waldron Lawyers
A judgment was recently handed down in the case of APRA v Monster Communications Pty Ltd [2006] FCA 1806.
Monster Communications Pty Ltd (Monster) provided downloads of copyright works to mobile telephone customers. The types of materials offered were ring tones, MP3 files and associated images. APRA and AMCOS provide licences to such businesses to facilitate the payment of royalties for reproduction of the copyright materials.
Monster's licences were terminated for alleged failure to pay royalty invoices and failure to supply the requisite revenue reports from which royalties could be calculated. APRA and AMCOS then commenced proceedings against Monster for copyright infringement. Monster claimed that the termination of the licences was invalid and it was therefore entitled to continue providing copyright materials to its customers.
Rares J held that APRA and AMCOS had validly terminated the royalty licences, and that Monster was liable for copyright infringement. His Honour also held that APRA and AMCOS were entitled to additional damages under s 115 of the Copyright Act 1968 (Cth).
In awarding $100,000 in additional damages, Monster's failure to pay royalties and provide the requisite reporting information, and Monster's reckless attitude which did not recognise the need to respect other people's commercial and legal rights in their property were highlighted by the court.
The Monster case is a cautionary reminder for licensees of APRA and AMCOS to be aware of their obligations under content licence agreements.
BDW