Intellectual Property Principles

Copyright protection exceptions

Copyright law does not permit unauthorized use of copyrighted works. However, owners of copyright do not get total control over how their works can be reused. There are exceptions to copyright infringment that are designed to promote education, critique, and creativity. Under Australian law, the use of copyrighted works without the permission of the owner is permitted if the use falls under the “fair dealing” exceptions.

To fall within a fair dealing exception, the use must be for one of the stated purposes and it must be fair. The acceptable purposes are:

  • Research or study
  • Criticism or review
  • Parody or satire
  • Reporting news
  • Enabling access to material by a person with disability; or
  • Professional advice by a lawyer, patent or trademarks attorney.