Valuing IP rights
When parties cannot agree on the value of rights under the Copyright Act, they may apply to the Copyright Tribunal to determine the price that would be a fair price between the parties. The fair price may be determined with the use of comparators or by modeling a hypothetical bargain that would occur between the parties to the dispute. Frontier has been asked to assess the relevance of alternative comparators, to estimate the value generated by a right and to model the outcomes of a hypothetical bargain.In 2004 Frontier was retained by solicitors for the Australian Pay-TV operators to assist them in valuing the statutory right to retransmit the signals of the free-to-air television operators.
In the period 2005 to 2008, Frontier was retained by solicitors for Phonographic Performance Company of Australia Limited (PPCA) to assist them in valuing the use by fitness centres of recorded music in exercise classes – and in determining what proportion of that value should accrue to PPCA as a licence fee.
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