A gym empire with ties to a former NRL star has been dealt a hefty blow, facing a $175,000 bill for copyright infringement. The story unfolds with a familiar tune, but the consequences are anything but harmonious.
The Music Battle: A Copyright Conundrum
In a recent federal court ruling, a gym chain co-owned by ex-NRL player Beau Ryan found itself in hot water over music played during classes. The chain, S1 Training, had been operating without the necessary licenses, playing popular tracks by artists like Avicii and Vengaboys without paying the required fees.
The legal action, initiated by the Australasian Performing Right Association (APRA), revealed a series of copyright infringements between 2020 and 2024. APRA, which manages licenses for the majority of commercially available music, requires businesses to pay for a "OneMusic" license when playing copyrighted music, whether from the radio or streaming platforms.
The Legal Battle Unveiled
The claim targeted five companies and director Kieran Turner, with no involvement or awareness from Ryan himself. Undercover officers attended classes at various Sydney and Melbourne branches, recording the sessions as evidence. Additionally, social media videos of classes with music playing were used to identify the tracks through the Shazam app.
The court found that tracks played included hits like "Horny 98' Radio Edit" by Mousse T., "We Like to Party" by Vengaboys, and "Wake Me Up" by Avicii. APRA alleged that they had contacted Turner and the franchises in May 2022, offering licenses, but Turner refused and failed to stop the unlawful music performances.
Turner's defense argued that APRA couldn't prove copyright ownership and that the undercover recordings were illegal. He also claimed that he didn't authorize the music and that trainers had discretion over music use, shifting the licensing responsibility to the trainers.
However, the judge, Nicholas Manousaridis, ruled that music was an essential element of S1 classes, and Turner's awareness was evident through his arrangement of sound equipment installations. The court ordered S1 branches to pay damages, including unpaid license fees, interest, and additional damages for each infringed track.
The Fallout: Insolvency and Uncertainty
The total amount owed was $175,398, with Turner personally liable. S1 Training, registered as SWEAT 1000, was founded in 2020 by Turner and later welcomed Ryan as an "equity partner and ambassador" in 2021. Company documents show Ryan's stake in the business.
S1 Training has since noted that all branches, except Coogee, are now insolvent and have been wound up. The reasons for this are unclear, but the legal proceedings and payment orders may have played a role.
Karen Holmes, director of APRA's OneMusic, stated that they typically offer businesses the chance to obtain licenses before seeking legal action. S1 Training, however, did not respond to requests for comment.
This story raises questions about the responsibility of businesses and the enforcement of copyright laws. What are your thoughts on this music-licensing controversy? Feel free to share your opinions in the comments below!
