Dispute resolution

This is Copyright Agency’s procedure for resolving a dispute between Copyright Agency and a member or a licensee that is not:

  • a matter that is covered by the jurisdiction of the Copyright Tribunal of Australia, such as the determination of licence fees payable
  • a complaint (see our Complaints Procedure here).

This procedure is open to all Copyright Agency members and licensees. Copyright Agency’s Dispute Resolution is voluntary and will only occur when both Copyright Agency and the Copyright Agency member or licensee agrees to have the dispute resolved through this procedure. This procedure is designed to resolve disputes between Copyright Agency and a member or licensee. There is a separate procedure governing competing claims (disputed allocations) between members.

A dispute resolution decision will be from an independent expert, chosen between both parties. Each party nominates two candidates who are knowledgeable in copyright issues. The parties will then jointly choose an expert from these four candidates.

If the parties are unable to agree on a suitable candidate, the dispute will be referred for expert determination to the Australian Disputes Centre (ADC).

How do I apply?

Notify the Copyright Agency that you wish to use the Dispute Resolution procedure:

Disputes Officer
Copyright Agency Limited
Level 12, 66 Goulburn Street
Sydney NSW 2000

email: complaints@copyright.com.au

Dispute Resolution Steps

  1. Any dispute received by Copyright Agency’s Disputes Officer will be acknowledged in writing within 14 working days. The acknowledgment letter will indicate whether Copyright Agency agrees that the dispute should be resolved in accordance with our Dispute Resolution procedure. If a decision is made not to enter into dispute resolution, Copyright Agency must give reasons for this decision in the acknowledgment letter.
  2. If Copyright Agency decides to pursue the dispute resolution, we will write to the member or licensee within a further 14 working days requesting all written submissions and evidence be provided to Copyright Agency within 28 working days. Copyright Agency will provide a copy of its own written submissions and evidence to the member or licensee within 28 working days.
  3. During this 28 day period, Copyright Agency will liaise with the member or licensee and the independent expert regarding convenient dates for a hearing. Copyright Agency will then notify all parties in writing about the arrangements for the hearing.
  4. Both Copyright Agency and the member or licensee will have a further 14 working days to provide any further written submissions or evidence in reply. Copyright Agency will then send a copy of all written submissions and evidence to the independent expert.
  5. At the expert determination, both parties will be given an opportunity to present their case.

Contesting a determination

If you don’t agree with the outcome, you have 28 working days to file proceedings in an appropriate Court or Tribunal (other than the Copyright Tribunal). If you don’t file proceedings, the determination of the expert is binding on the parties.

Costs

Both parties will share the costs of the expert determination, including professional fees, travel expenses and venue hire. Each party must also pay their own costs associated with the determination.

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