Copyright and the digital economy — fourth time lucky for ‘fair use’?

By Paul Kallenbach and Emily Hawcroft

The Australian Law Reform Commission (ALRC) Final Report into Copyright and the Digital Economy is now publicly available, having been tabled in Parliament on 13 February 2014. The report was finalised after the ALRC considered more than 1,000 submissions and conducted more than 100 consultations with stakeholders.

At the heart of the ALRC’s recommendations is the introduction of a ‘fair use’ exception into the Copyright Act 1968 (Cth) to ‘create a more flexible, adaptive and relevant copyright environment’. Such a provision would involve the consideration of four non-exhaustive ‘fairness factors’ and would replace the patchwork of exceptions scattered throughout the Copyright Act. Eleven ‘illustrative purposes’ have been proposed by the ALRC to guide interpretation of the exception.

In the alternative, the ALRC recommends the expansion of the current fair-dealing exceptions in the Copyright Act. However, the ALRC’s view is that this will be less flexible and less suited to the current digital age than an open-ended fair-use exception, with many potentially ‘fair’ uses continuing to infringe copyright…

Click on the link below to read the rest of the Minter Ellison briefing.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Minter Ellison

View more briefings from Minter Ellison

Overview

Level 19, Aurora Place
88 Phillip Street
Sydney
2000
Australia
http://www.minterellison.com

Jurisdiction: Australia
No. of offices: 10
No. of qualified lawyers: 791