Judge Orders Soulfest Promoter To Pay Over $400,000 In Damages To APRA AMCOS

Embattled Soulfest promoter John Denison will have to pay industry body APRA AMCOS $437,000 in compensatory and additional damages following a judge's ruling on a two-year court battle at Sydney's Federal Circuit Court yesterday.

In addition to the damages, which arose from accusations of "flagrant infringement" under the Copyright Act (1968), Denison has been ordered by Judge Alexander Street to pay $70,000 in legal costs, taking the total payment just past the half-a-million-dollar mark.

In a statement, APRA AMCOS head of revenue Richard Mallett commended Judge Street on noting the organisation's importance to artists and the wider industry while acknowledging their attempts to work with Denison on the issues, which saw debts accumulating "since 2014 from Soulfest, Supafest and other tours and events".

Soulfest was pilloried in 2014 for cancelling its local stage in Brisbane at the eleventh hour, as well as having to deal with the misfortune of Mos Def's no-show at Sydney's leg. Its planned 2015 event ultimately failed to manifest.

"Judge Street made a number of important comments about the importance of APRA AMCOS, and that the evidence demonstrated that APRA AMCOS was willing to deal with this promoter even with all the difficulties he posed," Mallett said. "He said that it is to APRA AMCOS’ credit that it made so many genuine attempts to license the events so that it could promote live music while still protecting its membership. And it was pleasing to note he also acknowledged APRA AMCOS’ essential role in promoting live music performances in Australia.

"We maintain APRA AMCOS’ members are among the most vulnerable service providers when it comes to promoters like this. Venues, caterers and artists are able to withhold their services — but songwriters’ work cannot be withheld ‘after the fact.’ Their only recourse is to trust in the courts, and their membership to APRA AMCOS, to protect their rights."

Denison formed a new promotions company, iLive Entertainment, in March. There is no suggestion of any impropriety in his consequent dealings.

In addition to his praise for Judge Street, however, Mallett wasn't shy in offering his thoughts on the company's legal opponent, saying that — having "read in Fairfax Media that Mr Denison has said, on record, that he's been sued for a long time and that he is an expert at this" — he was "not surprised" to hear that Judge Street had ruled that Denison "demonstrated an intentional disregard for the licensing requirements and the interests of the copyright owner, and demonstrated a level of dishonesty".

"APRA AMCOS licenses more than 6600 one-off events annually and there are 60 major event promoters who are licensed with us," he said.

"The ruling provides an assurance to these compliant businesses that there is a one-in, all-in approach to licensing."