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A discourse analysis of 350 submissions to two Australian governmental inquiries on introducing fair use to Australian copyright law demonstrates the importance of independent research and expertise in policy debates, but the scarcity of creator voices and attention to the creative process. The absence points to the need for more scholarly research that can transcend stakeholder positions. [ABSTRACT FROM AUTHOR]

Copyright's exceptions are being taken seriously: a number of jurisdictions have expanded their exceptions by granting new broad user rights, some going so far as to enact fair use. The Australian Copyright Law Review Commission (ALRC), when tasked with determining whether copyright exceptions were fit for purpose, concluded that the expansion of copyright exceptions was necessary if copyright was to remain as a central driver of creation and innovation in Australia. The ALRC found that creativity and innovation was being stifled by unnecessarily and unjustified narrow and antiquated exceptions and people were unwittingly infringing copyright simply by engaging in reasonable everyday activities. The ALRC recommended fair use as the way of remedying copyright's ills. The article argues that New Zealand should adopt a broad fair use right as that proposed by the ALRC. [ABSTRACT FROM AUTHOR]

The article discusses the interpretation of the defence of fair dealing 'for the purpose of parody or satire', a defence that was added to the Australian Copyright Act 1968 in 2006. Topics discussed include implications of the European Union (EU) and the U.S. jurisprudence for understanding the scope of the parody/satire fair dealing defence in the Copyright Act 1968 ; copyright law's system of rights and rewards; and use of a copyright-protected work is a fair dealing.

The article focuses on the reformation of Australia's Copyright law along with the authorship and originality issues in copyright law. Topics discussed include the Australian Copyright Act 1968, fair use issues raised by the Australian Law Reform Commission in its report and the Australian High court case IceTV Pty Ltd. v. Nine Networks Australia Pty Ltd. that dealt with copyright infringement claims.

The article focuses on the release of the "Copyright and the Digital Economy" Final Report by the Attorney-General in Australia in 2014. The Australian Copyright Council had issued a press release that condemns the key recommendation of the Report, which is the introduction of the U.S.-style general fair use exception. It states that much of the attention concentrated on whether the Australian Law Reform Commission (ALRC) would recommend the replacement of fair dealing exceptions.

The article focuses on the laws governing the photography of public art displays in European Union (EU) countries in 2014. Topics include if photograph of public art can be considered copyright infringement, the Australian Copyright Act of 1968, and the fair use exception. Information is provided on Australian copyright law.

The article focuses on the introduction of quotation exceptions to British copyright law. Topics include the fair use doctrine under U.S. copyright law, the British Copyright, Designs and Patents Act 1988, and the proposed amendment of Australian copyright laws. Information is provided on freedom of expression under constitutional law.

The article focuses on bespoke exceptions under section 200AB of the Australian copyright law which states that use by specified persons and organizations, which includes disabled people and educational institutions, does not lead to infringement of copyright. It compares these exceptions against the Canadian copyright law reform debates on exceptions for fair use doctrine of the copyright law of Canada.

The article offers information on the significance of copyright law in Australia in context to digital era under the provisions of the Copyright Act of 1968. Topics discussed include impact of electronic publishing and the internet on the copyright protection in Australia, fair use of copyright, and philosophical theories of copyright. It also discusses the Australian approach to copyright in literary work.

The absence of the doctrine of fair use from Australian copyright taw has been a bone of contention in Australia after the Australia-United States Free Trade Agreement (FTA). As the Australian government reformed the Copyright Act 1968 (Cth) in the aftermath of the FTA it eschewed the option of adopting fair use. Instead, Australia chose to incorporate a version of fair use into its existing fair dealing framework. Accordingly, the Copyright Amendment Act 2006 (Cth) inserted ss 4IA and 103AA into the Copyright Act. These provisions provide that a fair dealing with a copyright protected work does not constitute an infringement if it is done for the purposes of parody or satire. These provisions codify part of the ratio of the United States Supreme Court in the seminal case of Campbell v Acuff Rose Music. However, the parameters of these new provisions are unexplored and the sparse nature of fair dealing jurisprudence means that the true meaning of the provisions is unclear. Moreover, two cases from the United States, SunTrust Bank v Houghton Mifflin and Salinger v Coking, underline just how important it is to have legal rules that protect literary 're-writes '. Both cases involved authors using an original novel to 'write back ' to the original author and the broader culture. 'Writing back ' or the 're-write' has a firm basis in literature. It adds something invaluable to our culture. The key question is whether our legal landscape can allow it to flourish. This paper examines the interaction between fair use and literary re-writes. [ABSTRACT FROM AUTHOR]

The present comment considers an issue that has received little discussion in the common law world: namely whether fixation and authorship are parts of the same creative act in relation to literary, dramatic and musical works. The importance of the question is that, if authorship does not entail fixation, it should logically be possible for a person independent of the author to reduce the work to material form for copyright purposes. This would significantly expand the range of works protected by copyright and would extend protection to those works which have never been fixed by their authors. The focus of the comment is Australian law, but its discussion is comparative, with particular attention given to UK law. [ABSTRACT FROM AUTHOR]

Selective archiving of Web sites in Australia has been under way since 1996. This approach has seen carefully selected sites preserved after site owners granted permission. The labor-intensive nature of this process means only a small number of sites can ever be acquired in this manner. An alternate approach is an automated “whole-of-domain” capture of sites, which has been undertaken in a number of countries, including Australia. This article considers the existing legal position in taking this approach and looks at how legal deposit and copyright legislation constrains the process. It also considers recent amendments to the Copyright Act to provide more flexibility along the lines of the U.S. fair-use approach and the possible impact these new provisions may have for those involved with large-scale Web archiving in Australia. [ABSTRACT FROM AUTHOR]

The article argues that the relationship between the competing rights of owners and users is complex and is affected by changing conceptions of copyright as well as the wider context within which copyright law operates. It outlines the issues raised by the Fair Use Paper and criticizes the Australian government's response to this paper, using the metaphor of the Moebius strip. It also points out that by introducing a U.S.-style fair use provision into Australian copyright law would not be a satisfactory response to the paper.

The article analyzes whether photocopying of copyrighted works for educational purposes constitutes fair use. Under U.S. law, fair use depends on purpose, nature, amount and effect. In India, the concept of fair use has been adopted in the Copyright Act of 1957. In Australia, the inclusion of works in collections for educational purposes shall not be regarded as acts of constituting infringement of copyright in works.

The problems that the great developments in digital information and the Internet are creating for copyright may be partly solved through new legislation as well as through the implementation of technological systems (generically known as ECMS) that help protect it. These two approaches - legal and technological - interact, as the new copyright laws protect these electronic measures through the prohibition of their circumvention. The contents of the three main legal norms that have regulated this area to date, the US Digital Millennium Copyright Act, the European Directive and the new Australian Copyright Act, are analysed in an attempt to determine what impact they might have on the traditional limitations and exceptions to copyright (fair use/dealing, private copying, library privileges) that benefit libraries, their users and the general public. [ABSTRACT FROM AUTHOR]

The article focuses on intellectual property law in New Zealand and Australia in 2013. Topics include release of the discussion paper "Copyright and the Digital Economy" by the Australian Law Reform Commission (ALRC), the classification of fair use material, and fairness under copyright law. Information is provided on the repeal of statutory copyright licensing schemes.