Fairness and Balance: Lessons from Canada for the Proposed Australian Law of Fair Use

(2014) 24 Australian Intellectual Property Journal 129

U. of Adelaide Law Research Paper No. 2014-17

Posted: 5 Jun 2014

See all articles by Melissa de Zwart

Melissa de Zwart

University of Adelaide - School of Law

Date Written: June 3, 2014

Abstract

The Australian Law Reform Commission inquiry into Copyright and the Digital Economy has recommended that "a broad, flexible exception for fair use" should be introduced into the Copyright Act 1968 (Cth). this proposal must be analysed in the context of the significant consideration recently given to the need for reform of fair dealing law in Australia and overseas. This article examines the potential scope for an Australian law of fair use in the light of prevours reform attempts and the apparent transformation of Canadian fair dealing law as a consequence of major legislative reform and judicial reconfiguration of copyright as reflecting a balance of owners' and users' rights.

Keywords: Australian Law Reform, copyright

JEL Classification: K29

Suggested Citation

de Zwart, Melissa, Fairness and Balance: Lessons from Canada for the Proposed Australian Law of Fair Use (June 3, 2014). (2014) 24 Australian Intellectual Property Journal 129, U. of Adelaide Law Research Paper No. 2014-17, Available at SSRN: https://ssrn.com/abstract=2445287

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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