Life after the PPCA challenge
The story of the fitness industry fight against unfair music copyright licensing fees and the Phonographic Performance Company of Australia (PPCA) is one that the industry can be proud to have been involved in.
However, this battle was about only one particular copyright licence (Tariff V). There are four music copyright licences that apply to the fitness industry. Two are paid to the Australasian Performing Right Association (APRA) on behalf of the music composers and two are paid to the PPCA on behalf of recording artists and recording companies. One tariff each for classes and one tariff each for background music.
The Copyright Tribunal matter with the PPCA concluded in 2009 and the Tribunal determined a rate for Tariff V in 2010. This determination was subsequently set aside by the Federal Court following an Appeal of the decision by Fitness Australia. In 2011, agreements were struck between Fitness Australia and both APRA and PPCA for the terms of their respective fitness class licences. Both of these agreements are valid for a five year period. Details of the new agreements can be found at the following websites:
In 2009 whilst the Copyright Tribunal was still considering the evidence for an increase to Tariff V, some industry stakeholders took matters into their own hands. Music for fitness classes that was NOT under copyright to the PPCA was bundled and made available to the fitness industry. "PPCA free" music has always existed within the total repertoire of fitness class music but now it has been clearly labelled, separated from PPCA repertoire and available en masse so that providing classes across the industry without using any PPCA repertoire is now a viable alternative.
Any business that is considering the use of PPCA-free music for fitness classes must take care to ensure that they are not in breach of copyright law and/or music copyright licensing agreements.
There must be a clear and simple message for fitness instructors on the use of original versus "PPCA free" music. Use only music sourced from specialist fitness music providers that collate or produce music that is clearly labelled "PPCA free". It is incredibly complicated to confirm whether music is PPCA free or not therefore, the use of specialist fitness music providers to guide you is of paramount importance. Regularly reinforce these messages with instructors through minuted staff meetings, official correspondence and/or having instructors sign an agreement on the use of music in fitness classes on an annual basis. Compensating instructors for replacement of their original music repertoire with "PPCA free" music will also assist in this process.
Also, take care to note that the above does not apply to the fitness class licence scheme administered by APRA. If music is being played in fitness classes, the business will be required to maintain an APRA licence.
For a list of the major music providers to the fitness industry who can assist fitness businesses with specialist music selection for fitness classes visit: Suppliers of Fitness Music for Group Exercise Classes in Australia.
Written by Susan Kingsmill. For more information on this topic, contact Fitness Australia on 1300 211 311.
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