APRA alleged that after becoming concerned about a potential copyright infringement in May 2022, it contacted franchises and Turner explaining the requirement and offering the businesses a licence.
It claimed that Turner did not accept this offer, nor further offers, and that he didnโt take action to stop unlawful music performances once becoming aware of legal requirements.
Beau Ryan as host of Channel Tenโs Amazing Race.Credit: Ten
Turner claimed that APRA could not establish it owned the copyright to any musical works performed at the gyms, and that undercover officersโ covert recordings were made illegally.
He also said that if songs had been played at S1 gyms, he did not personally authorise the fitness trainers to do so, and that they had the discretion to conduct classes with or without music. He claimed organising licensing was the responsibility of each trainer contractor.
However, judge Nicholas Manousaridis found that โthe performance of music was an essential elementโ of S1 classes, and that Turner would have been aware because he arranged for sound equipment to be installed in S1 studios.
Manousaridis also noted a requirement in S1โs contractor agreement for trainers to โturn up five minutes before class and check set-up and cleanliness of studio and turn on music and screensโ.
The court ordered various S1 branches to pay damages amounting to the cost of unpaid licence fees for their premises, interest on those amounts, as well as additional damages of $3000 for each of the 25 tracks found as infringements.
This amounted to $175,398 which the court found Turner was personally liable for, a liability which would be reduced if any of the gym franchises paid their own specific fees and damages.
S1 noted that all of its gyms except for the Coogee branch were now โinsolvent and have been wound upโ. It is unclear if this is related to the legal proceedings and payment orders.
S1 Training, which is registered under the name SWEAT 1000, was founded in 2020 by Turner, a businessman and head of Heartland Motor group.
Loading
In 2021, the company announced Ryan, who played for NRL teams Wests Tigers and Cronulla Sharks, had become an โequity partner and ambassadorโ when announcing the businessโ intention to expand and offer franchising opportunities.
โWe would like to take this opportunity to thank Beau for his unwavering support to date, and we look forward to franchising our Premium Group Training concept throughout Australia and the World,โ S1 Coogee wrote on its Instagram in April 2021.
Company ownership documents filed with the corporate regulator show that REMJESS, which Ryan is the sole office holder of, owns a 5 per cent stake in SWEAT1000, the registered name of S1 Training.
Ryan is host of Channel 10โs Amazing Race and a radio presenter on Triple M. He has been contacted for comment.
Karen Holmes, the director of APRAโs OneMusic licensing organisation, said it regularly contacts businesses such as bars and gyms which they believe are playing music in breach of copyright and gives them an opportunity to pay for a licence. โIt is typically an action of last resort to seek redress via the courts,โ Holmes said.
S1 did not respond to multiple requests for comment.
The Business Briefing newsletter delivers major stories, exclusive coverage and expert opinion. Sign up to get it every weekday morning.
