Australasian Performing Right Association Limited

On 6 February 2024, the Australasian Performing Right Association (APRA) lodged an application for revocation of authorisation AA1000433 and substitution of a new authorisation AA1000661.

On 29 April 2024, APRA revised its description of the conduct. APRA is seeking authorisation to continue its arrangements for the acquisition and licensing of performing rights (which consist of the rights to perform in public and to communicate to the public) in music works. The arrangements cover:

1. Input arrangements: APRA’s input arrangements arising from the standard form of assignment for APRA’s members (whereby APRA requires its members to assign to it the performing rights in all of the works owned or controlled by the member), subject to the resignation, opt-out and licence back provisions of APRA’s Constitution;
2. Reciprocal Terms: APRA’s reciprocal arrangements with overseas collecting societies by which the collecting societies grant each other the exclusive right to license works they respectively control;
3. Blanket licences: APRA’s output arrangements, in particular APRA granting blanket licences for users to perform in public or communicate to the public any of the works in its repertoire; and
4. Distribution Arrangements: APRA’s distribution arrangements arising from APRA’s constitution – in particular, Article 93 and APRA’s “Distribution Rules”.

Authorisation is sought for 5 years.

APRA has also requested interim authorisation to enable it to continue with the arrangements (as described above) in the event the ACCC is still considering the application after 4 August 2024, being the expiry of authorisation AA1000433.

The ACCC invites the views of interested parties on the substantive application for authorisation and interim authorisation. Submissions are requested by Monday, 11 March 2024.

If you wish to make a submission in relation to this matter, please lodge it via this web form.

An indicative timeline for the ACCC’s assessment is set out below. Any changes to this timeline will be published here.