The Federal Court has ordered companies operating the S1 Training gym chain to pay $175,398 for copyright infringement. The ruling, issued in December, found that the gyms played copyrighted music during guided workouts between 2020 and 2024 without obtaining the required licensing. Director Kieran Turner was found personally liable for the amount, which includes unpaid license fees, interest, and damages for 25 infringing tracks.
Federal Court Ruling
In December, the Federal Court determined that S1 Training gyms had infringed copyright by playing music during classes from 2020 to 2024 without holding the necessary licenses. The total penalty imposed was $175,398. This amount covers unpaid license fees, accrued interest, and an additional $3,000 in damages for each of the 25 specific tracks identified as having been played without authorization. Kieran Turner, a director of the companies, was found personally liable for this sum, although the liability could be reduced if individual gym franchises pay their specific fees and damages.
Background of the Infringement
The legal action was initiated by the Australasian Performing Right Association (APRA), an organization responsible for managing and licensing the majority of commercially available music. APRA requires businesses that play copyright-protected music, including from radio or streaming platforms, to obtain a "OneMusic" license. These license fees are subsequently distributed as royalties to rights holders. According to APRA, it contacted S1 Training franchises and director Kieran Turner in May 2022 to explain the licensing requirements and offer a license, but these offers were not accepted, and no action was taken to cease the unlicensed music performances. Karen Holmes, director of APRA’s OneMusic licensing organization, stated that legal action is typically considered a last resort after attempts to contact businesses regarding licensing compliance.
Investigation and Evidence
Evidence for the case was gathered through multiple channels. Undercover officers attended S1 classes at various locations in Sydney, including Coogee, Bondi Junction, and Caringbah, as well as Melbourne's Prahran branch, recording entire sessions. Social media videos posted by the gyms were also utilized as evidence. The music recognition application Shazam was employed to identify specific tracks played during these fitness classes. Songs identified as having been played without authorization included:
- "Horny 98′ Radio Edit" by Mousse T.
- "We Like to Party" by Vengaboys
- "Booty Bounce" by Tujamo and Taio Cruz
- "Wake Me Up" by Avicii
- "Don’t You Worry Child" by Swedish House Mafia
Director's Defense and Court's Determination
Kieran Turner contended in his defense that APRA could not sufficiently prove its ownership of the copyright for the music played and that the undercover recordings were illegally obtained. He also asserted that he did not personally authorize trainers to play music, arguing that trainers had discretion regarding music use and were individually responsible for their own licensing.
However, Justice Nicholas Manousaridis determined that music constituted an "essential element" of S1 classes. The judge noted that Turner had arranged for the installation of sound equipment in the studios and that S1's contractor agreements explicitly required trainers to "turn on music and screens" before classes.
Financial Penalties and Gym Status
The total damages awarded were $175,398. S1 Training has stated that most of its gyms, with the exception of the Coogee branch, are now insolvent and have been wound up. It remains unconfirmed whether this insolvency is directly related to the legal proceedings and the court's payment orders.
Beau Ryan's Stake
Former NRL player and media personality Beau Ryan holds a 5 percent ownership stake in S1 Training gyms. No claim was made against Ryan in this legal action, and he was not involved in or aware of the copyright infringement activities.