The 'Fair Dealing' provisions in the Copyright Act are purpose based exceptions which allow individuals to copy a reasonable portion from a copyright work for a limited number of specified purposes without the need to obtain prior written permission from the copyright owner. Works copied under the 'Fair Dealing' provisions must only be used for the purpose for which they have been copied.
If a 'Fair Dealing' exception does not apply to the amount you wish to copy or to the way you wish to use it, permission must be obtained from the copyright owner to use copyright material in any of the ways in the copyright owner's exclusive control.
Copying for Research or Study (s.40, s.103C)
Note: You cannot rely on the Fair Dealing provisions for Research or Study to make multiple copies of copyright works or place material online for your students.
Criticism or Review (s.41, s.103A)
Note: It is not sufficient that you copy a work merely to illustrate or explain your own work.
Parody or Satire (s.41A, s103AA)
Access by persons with a disability (s.113E)
The copying must be done by a person with a disability (or a person acting on their behalf), and the copying must be for the purpose of providing an accessible version of the copyright material to a person with a disability. For example:
Reporting the News (s.42, s.103B)
Note: Musical works cannot be played as part of reporting news under this provision, unless the work forms part of the news being reported.
Judicial Proceedings or Professional Advice (s.43)
A legal practitioner or person registered as either a patent or a trademarks attorney may rely on this provision to copy a literary, dramatic, musical or artistic work for the purpose of judicial proceedings or giving professional advice.
You may rely on the Fair Dealing provisions to copy and use limited amounts of other people's material without permission from the copyright owner, and free of charge, for the following purposes:
Literary, dramatic or musical (e.g. books, plays, scripts, conference papers, notated music)
Articles from periodicals, journals, newspapers, magazines
The Copyright Act does not define what constitutes 'fair dealing' for:
Before using or copying these materials, you will need to assess whether your use is 'fair', even if the amount you wish to use is only small (e.g. a stanza from a poem or a clip from a film or video). Please refer to the 'five factors of fairness' for further information
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