The Future of Fair Dealing in Australia: Protecting Freedom of Communication

De Zwart, Melissa

Abstract

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The Future of Fair Dealing in Australia: Protecting Freedom of Communication

Melissa De Zwart

Monash University - Faculty of Law

February 25, 2009

Monash University Faculty of Law Legal Studies Research Paper No. 2007/11
SCRIPT-ed, Vol. 4, No. 1

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.

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

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Date posted: March 4, 2009 ; Last revised: April 15, 2009

Suggested Citation

De Zwart, Melissa, The Future of Fair Dealing in Australia: Protecting Freedom of Communication (February 25, 2009). Monash University Faculty of Law Legal Studies Research Paper No. 2007/11; SCRIPT-ed, Vol. 4, No. 1. Available at SSRN: http://ssrn.com/abstract=1349422

Contact Information

Melissa De Zwart (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia