Submission to ACCC regarding APRA application for authorisation (A1000433)

The ADA supports collective licencing in Australia but we have concerns regarding the anti-competitive risks of such licences when not subject to appropriate regulation and oversight.

Collective licences are an efficient and effective method of addressing practical barriers to the use of copyright material, particularly in relation to large scale uses for which remuneration is appropriate however, without appropriate regulation and oversight such licences pose an anti-competitive risk. Our concerns relate not only to the current under-regulation of collecting societies in Australia generally, but also to the specific licensing arrangements utilised by APRA.

This submission addresses two areas of particular concern for the ADA:

  1. There is a need for greater transparency and accountability of collecting societies in Australia, including APRA.
  2. The inability of Australian creators to direct license their works.