156C. Application to Tribunal for determination of remuneration payable for making available to public sound recording by means of digital audio transmission
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This section shall apply where an application is made to the Tribunal under section 107D for the determination of equitable remuneration to be paid to the owner of the copyright in a sound recording for the making available to the public of the sound recording by means of or as part of a digital audio transmission that is not part of an interactive service.
Tribunal
“Copyright Tribunal” or “Tribunal” means the Copyright Tribunal established under Part VII;
The parties to an application in relation to which this section applies are —
the owner of the copyright in the sound recording; and
the person who makes available to the public the sound recording by means of or as part of a digital audio transmission that is not part of an interactive service.
Where an application in relation to which this section applies is made to the Tribunal, the Tribunal shall consider the application and, after giving to the parties to the application an opportunity of presenting their cases, shall make an order determining the amount that it considers to be equitable remuneration to the owner of the copyright for the making available to the public of the sound recording by means of or as part of a digital audio transmission that is not part of an interactive service.
owner
“owner”, in relation to the copyright in copyright material, includes an exclusive licensee of the copyright in the material;
In this section, “interactive service” has the same meaning as in section 81(1). [Aust. 1968, s. 151]
interactive service
“interactive service” means a service that enables an individual to receive —(a)a transmission of a programme specially created for that individual; or(b)on request, a transmission of a particular sound recording, whether or not as part of a programme, which is selected by or on behalf of that individual,but does not include any service that enables an individual to request that particular sound recording be performed for reception by the public at large or, in the case of a subscription service, by all subscribers of that service, unless the programming on each channel of that service consists substantially of sound recordings that are performed within an hour of the request or at a time designated by that individual;