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Additional damages awarded for continued unlicensed use of sound recordings

A recent decision in the Federal Magistrates’ Court in Phonographic Performance Company of Australia Ltd & Ors v Evermore Entertainment Pty Ltd & Anor [2013] FCCA 17 (PPCA v Evermore) emphasises how important it is for business owners to ensure they have obtained the necessary public performance licence before playing sound recordings in public places.  The decision also shows that the Courts will not hesitate to award significant additional damages under section 115(4) of the Copyright Act 1968 (the Act) for flagrant and ongoing copyright infringements. More…