history of fair-use proposals in Australia
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. A change to a fair-use system would allow copyright material to be used without the copyright owner's consent in any circumstances where the use is fair, as judged against four "fairness factors". A re-user need only address the four fairness factors proposed by the Australian Law Reform Commission and Productivity Commission, which are: The purpose and character of the use; The nature of the copyright material; The amount and substantiality of the part used; and The effect of the use on the potential market for, or value of, the copyright material.Proponents of the proposed fair-use system describe it as a system which would "...maximise the net benefit to the community", reinforce that "user interests should also be recognised by Australia’s copyright system", and that without it, "...the Australian copyright system will always have gaps, always be trying to catch up with new technologies and behaviours." They further argue that fair dealing is "too limited and prescriptive in nature". Similar fair use systems are also used in countries including Israel, Singapore, South Korea, and Poland. Opponents of the proposed fair-use system.
aspect of history
aspect of history