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

23 Pages Posted: 4 Mar 2009 Last revised: 15 Apr 2009

Melissa de Zwart

University of Adelaide - School of Law

Date Written: February 25, 2009

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.

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

JEL Classification: K0, K00, K19, K29, K30, K49

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: https://ssrn.com/abstract=1349422

Melissa De Zwart (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

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