Fair dealing

Definition

Fair dealing is a legal exception under the Copyright Act 1968 in Australia that allows limited use of copyrighted material without permission in certain circumstances. It balances the rights of copyright owners with the public interest by permitting reasonable uses for specific purposes.

These purposes include research or study, criticism or review, news reporting, parody or satire, and giving legal advice. For example, a student may copy parts of a book for study, or a journalist may reproduce a short excerpt of a report for news coverage.

Advanced

Fair dealing is purpose-driven, meaning that use is only allowed when it fits within the categories defined by law. Courts assess whether the amount of material used is fair in relation to the purpose, considering factors such as the extent of the copying, commercial impact, and alternatives available.

Advanced issues arise in digital contexts, including reproducing material in blogs, online classrooms, or social media. Businesses and institutions must ensure that any reliance on fair dealing is justified and not excessive. Misuse can still amount to copyright infringement, exposing users to legal action. Unlike the broader US concept of fair use, Australian fair dealing is more restrictive, applying only to the purposes listed in the Act.

Why it matters

• Provides lawful ways to use copyrighted material without permission.
• Protects freedom of expression through criticism, review, and parody.
• Supports education, journalism, and legal advice functions.
• Ensures a balance between creator rights and public interest.

Use cases

• Copying excerpts from books for academic research.
• Using short clips in media for criticism or satire.
• Reproducing works in news reporting with proper attribution.
• Providing copyrighted material as part of legal proceedings.

Metrics

• Frequency of copyright disputes involving fair dealing claims.
• Number of successful defences using fair dealing in court.
• Compliance audits in educational or media institutions.
• Proportion of materials reproduced under fair dealing provisions.

Issues

• Misinterpretation of what constitutes fair and reasonable use.
• Overuse of copyrighted material leading to infringement.
• Uncertainty in applying rules to new digital platforms.
• Restrictive scope compared to international fair use doctrines.

Example

A film critic includes short clips of a movie in a video review. The clips are used only to illustrate commentary and are properly attributed. This qualifies as fair dealing for criticism and review under the Copyright Act 1968.