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FitNet Commercial
February 2nd, 2009

Review of Fitness Class Tariff by PPCA

Australia – Fitness Australia has agreed to enter into a mediated negotiation with the Phonographic Performance Company of Australia (PPCA) to attempt to reach agreement on an appropriate rate for the Fitness Class Tariff. The negotiation is scheduled for January, 30 2009, in Sydney.

Australian fitness centres currently pay 96.8 cents per fitness class to cover the use of protected sound recordings. Based on economic research, PPCA has proposed that the rate be $4.54 per member per month or $0.99 per casual visit offered by fitness centres. Other proposed changes to the scheme include a broadening of the scope of the tariff from a “Fitness Class Tariff” to a “Fitness Centre Tariff” and a re-definition of the term “fitness class.”

Fitness Australia’s members are opposed to this proposed scheme and rate. In March 2008, PPCA invited Fitness Australia to enter into a mediated negotiation prior to submitting and filing its evidence in response to the PPCA claim. This invitation was declined as Fitness Australia maintained that the gathering of industry evidence in response to this claim was an important process to undertake to make informed decisions and to reach a fair and reasonable outcome for the fitness industry.

If an appropriate rate cannot be reached through negotiation, the matter will be determined by the Copyright Tribunal. The Tribunal Hearing is scheduled to take place March 16, 2009.




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