The Future of Fair Dealing in Australia: Protecting Freedom of Communication
Melissa de Zwart
University of Adelaide - School of Law
February 25, 2009
Monash University Faculty of Law Legal Studies Research Paper No. 2007/11
SCRIPT-ed, Vol. 4, No. 1
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.
Number of Pages in PDF File: 23
Keywords: freedom of speech, copyright, fair dealing, freedom of political communication
JEL Classification: K0, K00, K19, K29, K30, K49
Date posted: March 4, 2009 ; Last revised: April 15, 2009
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