ACCC Proposes Stronger Protections for APRA Licensees and Music Creators

ACCC’s proposed conditions for APRA licensing ensure musicians receive fair royalties while supporting business compliance.

The Australian Competition and Consumer Commission (ACCC) has released a draft determination proposing stronger transparency and accountability requirements for the Australasian Performing Right Association (APRA). If finalised, these conditions would apply for the next five years and would reshape how music licensing operates across Australia.

This announcement is particularly relevant for businesses that rely on music in daily operations, from cafés, retail stores and gyms to national broadcasters. It also matters for creators whose royalties depend on the integrity and fairness of APRA’s licensing arrangements.

At Bane Legal Services, we help businesses understand the commercial and regulatory environment they operate in by connecting them with the right specialist lawyer. We are not a law firm and do not provide legal advice. However, we do ensure our clients receive guidance from qualified commercial, IP or competition law practitioners who can advise on the implications of regulatory changes like this one.

What the ACCC Is Proposing, and Why It Matters

APRA has operated as Australia’s dominant collecting society for almost a century. With around 124,000 songwriter and publisher members and approximately 145,000 licensees, it effectively holds a near-monopoly over the licensing of public performance and communication rights for musical works.

Given this market concentration, the ACCC plays an important role by authorising APRA’s collective licensing arrangements when the public benefits outweigh any potential detriments. APRA’s current authorisation is expiring, and the organisation is seeking approval for a further five years.

Following a broad consultation process, the ACCC is proposing an updated authorisation, subject to several new conditions designed to address industry concerns.

Key Concerns Raised by Members and Licensees

Stakeholders told the ACCC they have longstanding concerns about:

• Lack of transparency in how licence fees are set

• Limited visibility into how royalties are distributed

• The significant market power created by APRA’s exclusive arrangements

• The challenges small licensees face when disputing fees or seeking a fairer process

The ACCC shares many of these concerns. As Deputy Chair Mick Keogh noted, businesses that rely on music often have little choice but to obtain a licence from APRA due to its market dominance. This creates a risk of higher fees or inefficient processes that affect both businesses and creators.

At the same time, the ACCC recognises that centralised royalty collection is more efficient than having thousands of individual artists negotiate separately with every venue or broadcaster that plays their music. APRA’s existence also helps protect creators’ rights by ensuring they are paid for the use of their work.

Proposed Conditions: More Transparency, Accountability and Fairness

To address ongoing concerns, the ACCC’s draft decision includes several proposed conditions:

1. Mandatory Consultative Reviews

APRA would be required to conduct regular reviews of its licensing schemes and royalty distribution arrangements. These reviews must consult stakeholders, including members, licensees and industry bodies, and APRA must demonstrate how stakeholder feedback has been considered.

2. Better Alignment of Royalties with Actual Music Use

The proposed conditions aim to ensure royalties more accurately reflect how music is used by licensees. This is intended to support fairer outcomes for creators and maintain incentives for future music creation.

3. Periodic Review of APRA’s Schemes

APRA would need to undertake periodic reviews of its licensing and distribution frameworks to keep pace with industry changes, especially as global streaming services reshape the music economy.

4. Strengthened Alternative Dispute Resolution (ADR) Processes

The ACCC proposes new measures to improve APRA’s ADR scheme, including clearer rules about what disputes can be brought and better support for resolving disputes involving groups of members or licensees.

For small businesses, particularly those in hospitality, retail and entertainment, this could offer a more accessible option than navigating the Copyright Tribunal.

Changing Music Industry Dynamics

The ACCC highlights the ongoing shift in the global music landscape. With major platforms like Spotify and YouTube Music playing a central role, licensing arrangements are evolving. These emerging models could introduce more competition to APRA in certain areas, and the ACCC is seeking further information from market participants before finalising the authorisation.

Submissions on the draft decision are open until 16 February 2026.

Businesses and creators with a stake in APRA’s licensing arrangements may benefit from legal advice on how these proposed reforms could affect their rights, obligations and commercial relationships. Bane Legal Services can connect you with the right competition or intellectual property lawyer to assist.

Background on APRA

• Established in 1926

• Approximately 124,000 members (composers, songwriters, music publishers)

• Around 145,000 licensees (businesses that publicly perform or broadcast music)

• APRA collects licence fees and distributes royalties to members

• The ACCC has historically imposed conditions to address transparency and competition concerns

APRA lodged its latest application for authorisation on 6 February 2024 and received interim approval in June 2024, allowing its operations to continue during the ACCC’s review. The ACCC has since received more than 24 submissions, many focused on transparency, accountability and fairness.

Need Guidance on Music Licensing Obligations?

While Bane Legal Services does not provide legal advice, we help Australian businesses connect with commercial, IP and competition lawyers who understand APRA’s licensing framework and can help you navigate compliance, disputes or commercial negotiations.

If your business relies on music, or if you’re a creator concerned about royalty distribution, contact us to be matched with a lawyer who can assist.

 Source: Original media release by the ACCC (12 December 2025)