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Session 6 - Exceptions, libraries, education and Fair Dealings

Fair Dealings versus Fair Use



Australian Copyright law allows for “Fair Dealings”
“Fair Dealings” is different to “Fair Use”, which is part of US Copyright Law
“Fair Dealings” exceptions include:

  • research or study;
  • criticism or review;
  • parody or satire;
  • reporting news; or
  • professional advice by a lawyer, patent attorney or trade marks attorney


See the Fact Sheet: Fair Dealings - What can I copy without Permission

See the Fact Sheet: General Exceptions to Copyright

Research or Study

You may use Copyright material for Research or Study so long as it is deemed “fair”. The Act deems the following “fair”:

  • text or printed music from a hard copy edition of 10 or more pages:
  • 10% of the number of pages; or
  • one chapter, if the work is divided into chapters.
  • For text material published in electronic form:
  • 10% of the number of words; or
  • one chapter, if the work is divided into chapters.

See the Fact Sheet: Research or Study

Criticism or Review

People can use copyright material for the purpose of criticism or review without infringing copyright, provided they acknowledge the author and title of the work, and provided the dealing is “fair”.

“criticism and review” involves making a judgment of the material concerned, or of the underlying ideas.


Parody or Satire


You can use copyright material for the purposes of parody and satire, provided your use is “fair”.

A parody is an imitation of a work, and may include parts of the original.

The purpose of satire is to draw attention to characteristics or actions, such as vice or folly, by using certain forms of expression such as irony, sarcasm and ridicule

See the Fact Sheet: Parodies, Satire and Jokes

Reporting News

Copyright material may be used in reporting news in a newspaper, magazine or similar periodical, or in a film, or by means of a broadcast, provided the use is “fair”. The author and title of the work must be acknowledged.

The crucial element in determining whether the exception applies seems to be whether the primary purpose is to report or comment on news.

Professional Advice

It is not an infringement of copyright to use copyright material for the purpose of giving professional advice by a lawyer, patent attorney or trade marks attorney. 

The use of the material must genuinely be for the purpose of giving such advice, and must be “fair”.

Articles/links on Exceptions





Other Exceptions

  • Special provisions for educational institutions
  • Special provisions for libraries
  • Special provisions for governments
  • Private copying exceptions 
  • Other special cases

Copyright for Education

See the following Fact Sheets that relate to Copyright and Education


Key Points:

  • Special provisions in the Copyright Act allow educational institutions to use copyright material for educational purposes without permission from the copyright owner.
  • Educational institutions that are covered by a remuneration notice with Copyright Agency can rely on the statutory licence to copy and communicate text, images and notated music subject to certain conditions.
  • Educational institutions who are covered by a remuneration notice with Screenrights can rely on the statutory licence to copy and communicate TV and radio programs subject to certain conditions.
  • Copyright Agency (copyright.com.au) and Screenrights (screenrights.org) are the non-profit companies that have been appointed by the Australian government to collect copyright fees from educational institutions cover by the statutory licence and distribute those fees to copyright owners.
  • In addition to the statutory licence, other provisions in the Copyright Act permit educational institutions to use copyright material without permission from the copyright owner. These include section 200AB (the “special case” or “flexible dealing” exception) and section 28 (playing music and showing films in class).






  • A book cover will often contain artistic works protected by copyright.
  • A particularly unique book cover design may itself be protected by copyright.
  • The Australian Publishers Association has taken the policy position that its members should allow libraries to use book covers for promotional purposes without the need for permission or payment.
  • If a book cover contains protected copyright material, in order to reproduce it you will need to either rely on a specific copyright exception, or satisfy yourself that it is promotional use by a library within the meaning of the APA/ALIA agreement. Alternatively, you will need to seek permission from the publisher.



Copyright for libraries

See the following Fact Sheets and information on Copyright for Libraries


Key points

  • Libraries and archives have specific exceptions that entitle them to copy and communicate material in their collections for clients and other libraries.
  • Libraries and archives also have specific exceptions that enable them to use material for preservation, research, and administrative purposes.
  • Libraries and archives can minimise their risk of “authorising” copyright infringement by using warning notices near copying equipment.





Australian copyright legislation includes special provisions to allow libraries to copy and communicate text and images to:


  • supply to clients for research or study from the library’s collection or from another library’s collection
  • add to a collection from another library’s collection

There are also special provisions that allow libraries and other collections to:


  • preserve items in the collection
  • replace lost, stolen or damaged items
  • make certain ‘administrative’ uses
  • use material in other ‘special cases’

Each of the special provisions has conditions and limitations.

Governments


Governments are entitled to rely on very wide-ranging exceptions to copyright infringement, compared to other copyright users.

Governments become owners of copyright in circumstances where others would not.

Local governments are not entitled to rely on the special provisions for governments.

It can be difficult to work out whether a statutory body or government corporation is entitled to rely on the special provisions for governments: specific legal advice may be needed


Other exceptions



  • Individuals can copy a range of copyright material they own for their “private and domestic use”, and record from radio and TV.
  • The exceptions vary according to the type of material. For example, what you can do with a book you own is different from what you can do with one of your CDs or a film.
  • The provisions don’t apply to every type of copyright material (eg., none of the “private use” provisions deal with copying DVDs or sheet music).
  • If you are a person with a disability that causes difficulty in reading, viewing, hearing or comprehending copyright material, you or an assistant may by able to use copyright material for the purpose of giving access to people with a disability.
  • In some cases, an agreement with the copyright owner or supplier of the material may limit your ability to rely on the private copying provisions.



People with Disabilities

In December 2017, changes were made to the Copyright Act to ensure that people with disabilities had the same access to material that everyone else has.

Read the following Fact Sheet on these Copyright Amendments (Disability Access)


The Act makes a number of amendments to the Copyright Act relating to:
• use of copyright material by persons with a disability and anyone assisting them, as well as organisations assisting persons with a disability;
• preservation exceptions to copyright for libraries, archives and key cultural institutions;
• simplified statutory licensing for educational institutions; and
• duration of copyright in unpublished material.


Some Articles:

The starting point for this legislation was the Marrakesh Treaty. We will look at Treaties next week, but I thoougt it was relevant t o mention it here, because it was an important stage in getting the Copyright Amendment (Disability Access and Other Measures) Act 2017.

Please watch this video - An information revolution for the blind | Maryanne Diamond | TEDxPlaceDesNations
https://www.youtube.com/watch?v=KM0UdZEnAVI








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