HCA downs Copyright-as-Property Case

The High Court has released its judgment in Phonographic Performance Company of Australia Limited & Ors v. Commonwealth of Australia & Ors.  In that case the PPCA argued that the imposition of a cap on the licence fees payable under the compulsory licensing scheme was an acquisition of property, and therefore required to be on “just terms” by section 51(xxxi) of the Australian Constitution.   The High Court, in a clean sweep, said no.

Apparently judgment in the ISP authorization case, Roadshow v iiNet is due to be handed down this Friday.

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