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Concept
Fair dealing
Summary
Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations.
Fair dealing is an enumerated set of possible defences against an action for infringement of an exclusive right of copyright. Unlike the related United States doctrine of fair use, fair dealing cannot apply to any act which does not fall within one of these categories, although common law courts in some jurisdictions are less stringent than others in this regard. In practice, however, such courts might rule that actions with a commercial character, which might be naïvely assumed to fall into one of these categories, were in fact infringements of copyright, as fair dealing is not as flexible a concept as the American concept of fair use.
There are similar limitations and exceptions to copyright, such as the right to quote, also in the Berne Convention and in the laws of civil law jurisdictions.
Australian copyright law
In Australia, the grounds for fair dealing are:
Research and study (section 40 Copyright Act 1968 (Cth)
Review and criticism (s41)
"Reporting the news" (s42)
Legal advice (although the federal Crown is deemed to own copyright in federal statutes, and the Crown in each State in state statutes). (s43)
Parody and satire (with some exceptions) (s41A)
Regarding fair dealing under Crown copyright the Australian Copyright Act 1968, ss.176-178. Section 182A (inserted by Act 154 of 1980, s.23) provides that the copyright, including any prerogative right or privilege of the Crown in the nature of copyright, in Acts, Ordinances, regulations etc., and judgments of Federal or State courts and certain other tribunals, is not infringed by the making, by reprographic reproduction, of one copy of the whole or part of that work for a particular purpose (this does not apply where charge for copy exceeds cost).
Regarding the re-use of copyrighted images or drawings, the Australian Copyright Act does not impose a 10%-limit under its fair dealing provisions for the purpose of research and study.
Official source
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