Creative Action under Two Copyright Regimes: Filmmaking and Visual Arts in Australia and the U.S.

Abstract

A comparison of the behaviors of two creative populations operating within cross-media environments in the U.S. and Australia tests the comparative effect of the two nations’ legal environments on the range of creative expression and on costs of production in increasingly digitized production processes. The US creators have access to the flexible and expansive exception of fair use, while Australian creators’ ability to use third-party copyrighted content are far more constrained. While availability of copyright exceptions plays a crucial role, other factors including demographics, disciplinary norms, and social inequality may also be important in creative practices and professions.

Keywords: creativity; law; film; visual arts; copyright; fair use; fair dealing