Case Study: Copyright Licencing in the SVOD era

The Background

Apple TV+ is one of the leading SVOD (Subscription Video on Demand) services in Australia and around the world, and Australasian Performing Right Association Limited and Australasian Mechanical Copyright Owners’ Society Limited's (together, APRA AMCOS) is the key licensor of the copyright for practically all commercial music throughout Australia.

On 1 April 2021 APRA AMCOS brought into operation a new licence scheme to license the reproduction and communication of musical and associated literary works by SVOD service providers. APRA AMCOS have referred that licence scheme to the Copyright Tribunal of Australia for determination as to whether it is reasonable. The licence scheme will apply to all SVOD service providers operating in Australia such as Netflix, Stan, Disney and Network Ten (Paramount +).

Our services

We are acting for Apple in relation to APRA AMCOS' reference to the Copyright Tribunal of this new licence scheme for the reproduction and communication of musical and associated literary works for subscription video on-demand (SVOD) services. The licence scheme determined by the Copyright Tribunal will set the licence terms for the entire Australian SVOD industry for years to come.

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_{Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.}