Gym Chain S1 Training Hit with $175,000 Fine for Copyright Infringement
A gym chain partially owned by former NRL player and media personality Beau Ryan has been ordered to pay $175,398 for playing copyrighted music – including tracks by Avicii and the Vengaboys – in its fitness classes without securing the necessary licensing agreements. The ruling, handed down by the Federal Court in December, underscores the critical importance of adhering to copyright law for businesses utilizing music in a commercial setting.
The legal action was initiated by the Australasian Performing Right Association (APRA), the organization responsible for granting and administering licenses for the vast majority of commercially available music.Any business utilizing copyrighted music, whether through radio broadcasts or streaming services, is legally obligated to obtain a “OneMusic” license from APRA and pay associated fees. These fees are then distributed as royalties to the rights holders – artists, songwriters, and record labels – following a comprehensive process that tracks music usage across various platforms.
The case centered on five companies operating S1 Training gyms,which initially launched under the name SWEAT 1000. The specific tracks identified in the lawsuit included “y 98′ Radio Edit” by Mousse T., “We like to Party” by Vengaboys, “Booty Bounce” by Tujamo and Taio Cruz, “Wake Me Up” by Avicii, and “Don’t You Worry Child” by Swedish House mafia.
APRA representatives stated they first contacted the S1 franchises and Turner in May 2022, outlining the licensing requirements and offering a license agreement.According to APRA, Turner declined this offer and subsequent proposals, failing to take any action to halt the unlawful use of copyrighted music despite being informed of the legal obligations.
Turner countered by arguing that APRA could not prove ownership of the copyright for the musical works played at the gyms and that the undercover recordings were obtained illegally. he also asserted that he did not personally authorize trainers to play music, claiming they had the discretion to do so and that securing licensing was thier individual obligation.
though, Judge Nicholas Manousaridis dismissed these arguments, finding that “the performance of music was an essential element” of S1 classes. The judge further noted that Turner was aware of this, evidenced by his arrangement for sound equipment installation in the S1 studios. Manousaridis also highlighted a clause within S1’s contractor agreements requiring trainers to “turn up five minutes before class and check set-up and cleanliness of studio and turn on music and screens.”
The court ordered the various S1 branches to collectively pay damages equivalent to the cost of the unpaid license fees, accrued interest, and an additional $3,000 for each of the 25 tracks found to be in violation of copyright law. Turner was deemed personally liable for the $175,398 total, although this liability could be reduced if individual gym franchises settle their respective fees and damages.
S1 Training, registered under the name SWEAT 1000, has indicated that all of its gyms, with the exception of the Coogee location, are now insolvent and have been wound up. It remains unclear whether this financial situation is directly related to the legal proceedings and subsequent payment orders. The company was founded in 2020 by Turner, a businessman also serving as the head of Heartland Motor group.
In April 2021, S1 announced Ryan, a former player for the Wests Tigers and Cronulla Sharks, had become an “equity partner and ambassador” as the business prepared to expand and offer franchising opportunities.According to company ownership documents,REMJESS – of which Ryan is the sole office holder – owns a 5% stake in SWEAT1000. Ryan currently hosts Channel 10’s Amazing Race and presents on Triple M radio, and has been contacted for comment.
Karen Holmes,director of APRA’s OneMusic licensing organization,emphasized that the organization routinely contacts businesses suspected of copyright infringement,offering them the possibility to obtain a license. “It is indeed typically an action of last resort to seek redress via the courts,” Holmes stated. S1 Training did not respond to multiple requests for comment regarding the ruling.
This case serves as a stark reminder to all businesses – from large chains to autonomous operators – of the importance of respecting copyright law and obtaining the necessary licenses for any music used in a commercial environment. .
