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Abstract:
In May 2005, the Commonwealth Government invited responses to the Issues Paper: Fair Use and Other Copyright Exceptions: An Examination of Fair Use, Fair Dealing and Other Exceptions in the Digital Age. Although presented as an open-ended review of existing exceptions, the Issues Paper appears to be operating on a foregone conclusion. That is, that a defense to copyright infringement modeled on a US open-ended fair use style defense (along with some other options) would serve as a panacea to the potential problems created by the strengthening of copyright owners' rights pursuant to amendments necessitated to the Copyright Act 1968 (Cth) as a consequence of Australia's entry into the Australia-US Free Trade Agreement (AUSFTA). Further, the paper suggests that such amendments may assist in maintaining 'an appropriate balance between the rights of copyright owners and reasonable access to copyright material for users'. This conclusion is not supported by a more detailed analysis of the fair use defense as reflected in US case law.

Copyright, copyright infringement, fair use, Australia, AUSFTA

Abstract:
In 2006 the Australian Government undertook extensive amendment of the Copyright Act 1968 (Cth). Draft bills relating to technological protection measures and exceptions were released for public comment in September. Some of the provisions of those draft bills were amended on the basis of the feedback received and a consolidated Copyright Amendment Bill was introduced into Parliament on 19 October 2006. The Bill was considered by the Senate Standing Committee on Legal and Constitutional Affairs on 7 November 2006 and the Committee tabled its Report on 13 November 2006. Further amendments were made to the Bill, which was then passed through both Houses in early December and received Royal Assent on 11 December 2006. Thus, following a frenzied couple of months of public debate, review and consultation, significant changes were made to the Australian copyright regime. The impact of these changes on the copyright industries remains to be seen.

This article considers Schedule 6 of the Copyright Amendment Act 2006, including changes that were made to the Bill in December 2006, prior to final passage of the Bill. It focuses in particular on the new flexible dealing provisions and fair dealing for the purposes of parody or satire.

copyright, Copyright Amendment Act 2006 (Cth), parody, satire, fair dealing, Australia

Abstract:
This article considers the role of the concept of freedom of communication within the law of copyright in Australia. It concludes that the judicially articulated implied Constitutional guarantee of freedom of political communication is too narrow to act as a control upon the contours or nature of copyight law. However the doctrine of fair dealing encompasses elements of freedom of communication and provides some scope for the recognition of such rights under Australian law.

freedom of speech, copyright, fair dealing, freedom of political communication