Generally, fair use is quite broad and allows people to use other materials in their own work, so long as it's considered fair. It's commonly misunderstood that Australia has fair use. In fact, Australia does not use the principle of fair use. Instead, we use a principle called fair dealing.
The Australian Copyright Act allows certain uses of content on the internet without the copyright owner's permission. This includes uses by educational institutions for educational purposes and by Commonwealth and State government departments for government purposes, provided fair payment is made.
Descriptive fair use is when someone's registered trade mark can be used in good faith to describe the user's products or services. This usually happens when the trade mark in question has a descriptive meaning in addition to its secondary meaning as a trade mark.
Parody and satire are 'fair dealing' exceptions under Australian copyright law. Parody mimics an original work directly and satire uses a work to make a comment about something else entirely. What are 'fair dealing' exceptions? There are certain exceptions to copyright infringement, known as 'fair dealing' exceptions.
Fair use allows for activities like quoting other people's work in papers, quoting texts for literature analysis, and reconfiguring text and information to make a search engine. Fair use prevents copyright law from stifling research and criticism.
Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. For example, if you wish to criticize a novelist, you should have the freedom to quote a portion of the novelist's work without asking permission.
Section 107 of the Copyright Act gives examples of purposes that are favored by fair use: “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, [and] research.” Use for one of these “illustrative purposes” is not automatically fair, and uses for other purposes can be ...
Copyright does not protect ideas or information, only the original expression of ideas or information. Copyright does not prevent someone else from independently producing the same work. Copyright does not usually protect names and titles, as these are not considered original enough.
You don't need to register for copyright in Australia. The moment an idea or creative concept is documented on paper or electronically it is automatically protected by copyright in Australia. Copyright protection is free and automatic under the Copyright Act 1968.
Under Australian law, you are generally entitled to film in a public space without anyone's consent.
Australians have always understood a Fair Go to be the true expression of the treatment we expect from one another, a reflection of the Golden Rule expressed in the Gospels according to Luke and Matthew: 'Do unto others, as you would have them do unto you. We should all be accorded respect and equality.
Access to Justice
The Australian legal system is adversarial. This means that the parties to a case present evidence and argue their position before a judge who makes a decision based on the law and evidence. For this to be fair the parties usually engage a lawyer who can represent them in court.
The Copyright Act expressly states that certain acts constitute fair dealings, such as copying up to 10% or one chapter of a book, or copying one article, for research or study. However in other cases, you will need to consider the elements of fair dealing as set out in the Copyright Act.
In terms of the types of material, Australian law confers rights in works, also known as "Part III Works" (after the Part of the Act dealing with this): namely, literary works, musical works, artistic works, and dramatic works.
A court cannot award both damages and an account of profits; a copyright owner must ask for one or the other. For corporations the financial penalty can be up to $585,000. Individuals may face financial penalties of up to $117,000 and 5 years of imprisonment.
Fair Dealing exceptions are provisions in The Copyright Act 1968 which allow individuals to reproduce some limited works for free - without obtaining permission from the copyright owner.
The fair dealing provisions allow limited use of copyright material without requiring permission from the copyright owner. Fair dealing only applies to certain purposes: Research or study. Criticism or review.
There are rules in the Copyright Act setting out who owns copyright, which depends on the particular subject matter. Generally, it is the creator of a literary, dramatic, musical or artistic work who is the copyright owner. Generally, it is the 'maker' of a sound recording, film or broadcast who is the copyright owner.
A fair dealing with a literary, dramatic, musical or artistic work, with an adaptation of a literary, dramatic or musical work or with audio-visual items is not an infringement of copyright where the dealing is for the purpose of: Research or study. Criticism or review. Parody or satire.
Generally, copyright lasts for 70 years from the year the material was created. However, if the work was made public before 1 January 2019 or within 50 years of creation, the period of protection is 70 years from the date the material was made public.
In Australia, copyright in published works generally lasts for the life of the author plus 70 years. For unpublished works copyright duration is set by whether the work was made public in the creator's lifetime (see the table in the PDF below for more information).
the purpose and character of your use. the nature of the copyrighted work. the amount and substantiality of the portion taken, and. the effect of the use upon the potential market.
In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner.