In December the Commonwealth Government passed and enacted changes to the Copyright Act, many aspects will affect how educational institutions can use and access other people’s copyright material This week we look at fair dealing. Which, for background is what Australia uses; many people are familiar with the term fair use, which is the USA version. Fair dealing is what our students’ access to copy material for their learning activities. So what is fair dealing?
Fair Dealing
A number of circumstances in which the preproduction of a limited or fair part of the work is permitted. No permission is required, and no payment is due to the copyright owner. The circumstances for fair dealing are;
Research or study
Must be for the purposes of research or study. In brief, a whole of part of an article in a periodical; more than one article in same edition if on same subject; 10% of the work or one chapter, for works other than textual the amount copied must be fair. Sufficient acknowledgment of the work is required.
Criticism or review
permits the use of whole or parts of a work or material for the purpose, which is ordinarily desired by a copyright owner, and informs the public and possible consumers of the work. Sufficient acknowledgment of the work is required.
Reporting the news
permits the use of whole or parts of a work or material for the purpose, either in print, broadcast or any other means of communication. Sufficient acknowledgment of the work is required.
Legal Advice
permits use of any work, literary, dramatic, musical or artistic for the purpose of giving professional advice by a legal practitioner, patent attorney or trade marks attorney. Also for the purposes of judicial proceedings or a report from judicial proceedings.
NEW! Parody or Satire
permits use of a work for parody (1) a humorous or satirical imitation of a serious piece of work, (2) the kind of literary composition represented by such imitations or Satire (1) the use of irony, sarcasm, ridicule, etc exposing, denouncing, or deriding vice, folly etc. (Macquarie Dictionary).
Please note the new provision does not affect the creator’s right to take legal action if his work is treated in a derogatory way under the moral rights provisions, or for taking legal action for defamation.
Vanessa