Copyright law fair dealing

  • Is fair dealing copyrighted?

    The fair dealing provisions allow limited use of copyright material without requiring permission from the copyright owner.
    Fair dealing only applies to certain purposes: Research or study.
    Criticism or review..

Fair dealing is an exemption in the Copyright Act which allows you to use other people's copyright material for the purpose of research, private study, education, parody, satire, criticism, review or news reporting, provided that what you do with the work is 'fair'.

Does fair dealing apply to printed music?

Fair dealing law is not only applicable to text-based works; it applies to musical, dramatic, artistic, literary and typographical works too.
However, it does not cover the copyright of printed music.
A statutory definition for fair dealing does not exist; it will always be a matter of fact, degree and interpretation in every fair dealing case.

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Is copying from a published work fair?

The nature of the work.
Copying from a work that has never been published could be more fair than from a published work "in that its reproduction with acknowledgement could lead to a wider public dissemination of the work – one of the goals of copyright law.

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Is fair use a defense to copyright infringement?

Fair use is actually an affirmative defense to a claim of copyright infringement, meaning that the alleged infringer has the burden of proving their use was a fair use.

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What is fair dealing and how does it relate to copyright?

Fair dealing is a user’s right in copyright law permitting use of, or “dealing” with, a copyright protected work without permission or payment of copyright royalties.

The history of fair-use proposals in Australia is a series of Australian government enquiries into the introduction of a flexible and open fair use system into Australian copyright law.
Between 1998 and 2016, eight enquiries examined, and in most cases recommended, the introduction of fair use in place of the current fair dealing
system which allows copyrighted material to be used only if it meets one of four specific purposes as set out in the Act.

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