http://www.groupfitness.org/_/news/ Wed, 22 Feb 2012 15:48:50 +0000 43200 Groupfitness.org News http://www.groupfitness.org/_/news/ppca-fitness-australia-agree-on-new-licen-r18 PPCA and FITNESS AUSTRALIA

A new pricing scheme for PPCA licensed music used in fitness classes will come into effect next year following an agreement between peak bodies representing the music and fitness industries.

The 5 year tariff scheme has been agreed between the parties after a judgment of the Copyright Tribunal of Australia was set aside on appeal by Fitness Australia in December last year.

Under the new scheme, fitness centre operators can elect to pay licence fees at a flat rate applicable to all classes or at a two-tiered rate adjustable on the number of participants in each class.

The flat class rate per will be $1.50 in 2012 rising to $2.50 in 2014. The two tiered rate is set out in the table below.

The Phonographic Performance Company of Australia (PPCA) representing artists and labels and Fitness Australia said in a joint statement: “We are pleased to announce this agreement which brings to an end a period of uncertainty for recordings artists and labels and fitness centre operators using PPCA licensed music in classes. It means that the case will not have to return for another potentially lengthy hearing before the Copyright Tribunal in order to settle a rate.”

The new scheme comes into effect on 1st January 2012.


For more information on the new PPCA Scheme, go to www.ppca.com.au.]]> Mon, 31 Oct 2011 09:42:17 +0000 5ef059938ba799aaa845e1c2e8a762bd http://www.groupfitness.org/_/news/copyright-tribunal-out-of-tune-says-fitness-au-r12
The current PPCA license fee is 96.8 cents per fitness class with a capped annual maximum of $2,654. The Copyright Tribunal has today increased this substantially, to either $15 per class or to $1 per participant, which equates to an increase of 1,500%1 for the cost of a PPCA license in a typical fitness centre.
During the judgment proceedings, the Tribunal stated that they had rejected the PPCA’s economic evidence on the basis of consumer ‘willingness to pay’ for music in classes when making this decision. “This means that Fitness Australia’s response against the PPCA claim was technically successful”, said Lauretta Stace, Fitness Australia Chief Executive Officer. However, the Tribunal has turned to ‘other evidence’ and ‘judicial estimation’ to make this determination, which is now the subject of detailed review by Fitness Australia and its legal counsel.
“We are astounded that the Tribunal could reject the economic evidence put before it by the PPCA and still award them such a substantial increase to the licence fee”, said Stace.

“The international record companies, who are represented by the PPCA, have shot themselves in the foot by demanding outrageously high copyright licensing fees from the fitness industry, the majority of which go straight into record company coffers. To mitigate the impact of such a decision, Fitness Australia members are already beginning to use music in their gyms that is free of PPCA copyright,” said Stace.

“Les Mills, the largest provider of choreographed exercise classes has already developed a product that it is PPCA copyright free, allowing gym operators like Fitness First to already move to introduce high quality music that is not subject to PPCA copyright. The reaction from gym members has been highly supportive so we now expect that all gyms will move to alternative music options,” said Ms Stace.

Susan Kingsmill, owner of Hiscoes Fitness Centre said “The fitness industry has traditionally provided a great platform for promoting Australian performing artists but the record companies, driven by greed, seem intent on destroying this relationship.

“This decision will lead all fitness centres to seek more affordable music alternatives to the detriment of Australian performing artists, but the artists only have the record companies to blame for this,” she said.

Fitness Australia responded to the claim by the Phonographic Performance Company of Australia (PPCA), which represents the international record companies, on behalf of a united fitness industry, in a fierce battle culminating in a six week Tribunal Hearing in April 2009.

“Fitness Australia’s evidence clearly demonstrated that a substantial increase to the tariff could not be justified under any circumstances, particularly as the fitness industry has access to high quality alternative music that gym goers are perfectly happy with and that is not part of the PPCA repertoire”, said Stace.

“I would like to thank all those members of the fitness industry who have, at a time when many have faced financial challenges, made a contribution to our legal case, especially Fitness First and Les Mills, whose leadership and support has been exceptional”, said Stace.

Fitness Australia’s legal advisers are now reviewing the decision to determine whether there are grounds for appeal.

[1] Based on Copyright Tribunal judgement of an increase to $15 per class.

To keep track of this issue visit www.operationmusic.org.au]]> Sat, 12 Feb 2011 15:47:55 +0000 7f6ffaa6bb0b408017b62254211691b5 http://www.groupfitness.org/_/news/welcome-to-the-new-look-of-groupfitnessorg-r10
For those that wonder where the forum has gone, NEVER FEAR........it is still here! It just now incorporated with a design which we think will be better in the long term.
We have organised the design of this site to make it possible to deliver to you new and interesting information about the group fitness industry. We will target this information for not just participants looking for information about exercise, but also for Group Fitness Managers and Club Managers around the world. This will include articles on things like:

• How to become a better instructor?
  
• Designing a group fitness timetable for your club
  
• Exercise techniques
  

We hope you will enjoy the new website and look forward to our new exciting content!
Regards,
Mel]]> Sat, 12 Feb 2011 15:40:56 +0000 5f93f983524def3dca464469d2cf9f3e