In a recent legal development, a chain of gyms co-owned by former NRL star and media figure Beau Ryan has been slapped with a hefty $175,000 fine due to copyright violations for playing music during workouts without the appropriate licensing.
The federal court ruled in December that S1 Training, which started in Coogee, Sydney, and later expanded via franchises across New South Wales and Victoria, had repeatedly violated copyright laws by featuring popular tracks, including hits from Avicii and Vengaboys, during exercise classes between 2020 and 2024.
The Australasian Performing Right Association (APRA), responsible for managing music licensing, initiated the lawsuit against several entities associated with S1 Training, including director Kieran Turner, although Ryan himself was neither named in the suit nor implicated in the infringements.
To gather evidence, APRA deployed undercover officers who attended various S1 classes situated in Sydney's Coogee, Bondi Junction, and Caringbah, as well as in Melbourne's Prahran. These officers recorded the sessions and utilized social media clips where music was played to substantiate their claims. Notably, the music recognition application Shazam was employed to identify the specific songs featured during these fitness events.
The court discovered that the playlists included tracks like "Horny 98' Radio Edit" by Mousse T., "We Like to Party" by Vengaboys, Tujamo and Taio Cruz's "Booty Bounce," Avicii's "Wake Me Up," and "Don't You Worry Child" by Swedish House Mafia.
APRA alleged that after noticing potential copyright infringement in May 2022, they reached out to Turner and the franchises to explain the need for a license, but he reportedly declined their offers and failed to act against the unauthorized music performances despite being made aware of the legal stipulations.
Turner contended that APRA could not prove ownership of the copyrights for the songs played at the gyms and argued that the covert recordings made by APRA were illegal. He also claimed that if any music was played, he did not authorize the trainers to use it, asserting that the responsibility for securing music licenses fell on individual trainers.
However, Judge Nicholas Manousaridis concluded that music was an integral part of the S1 workout experience and that Turner must have been aware of this since he arranged for sound equipment in the gym studios. The judge pointed out that S1's contractor agreements mandated trainers to arrive early to set up, which included managing the audio and video equipment.
As a result, the court ordered multiple S1 locations to pay damages equivalent to unpaid licensing fees, along with interest and additional penalties amounting to $3,000 per track, leading to a total liability of $175,398 for which Turner was held personally accountable. This financial obligation could be reduced if the respective gym franchises settled their own dues.
It appears that S1 has faced significant financial challenges, with the majority of its gyms, barring the Coogee location, reportedly becoming insolvent and ceasing operations. The connection between these financial troubles and the ongoing legal issues remains uncertain.
Founded in 2020 by businessman and Heartland Motor Group head Kieran Turner, S1 Training operates under the registered name SWEAT 1000. In 2021, the company announced Beau Ryan's involvement as an "equity partner and ambassador," coinciding with plans for expansion and franchising.
Ryan, known for his roles as a host on Channel 10’s Amazing Race and a radio presenter on Triple M, has yet to respond to requests for comments regarding this situation.
Karen Holmes, who oversees APRA’s OneMusic licensing organization, stated that they regularly reach out to businesses suspected of using music without proper licensing, providing them with opportunities to rectify the situation before resorting to legal action.
S1 Training has not issued any responses to multiple inquiries pertaining to this case.
