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Fair Dealing

Australian copyright law permits users to make a 'fair dealing' with copyright material for certain specified purposes. If your use of copyright material is covered by a fair dealing provision, your use does not require the permission of the copyright owner.

Under the 'fair dealing' provisions within the Copyright Act 1968, individuals can reproduce limited portions of certain copyright materials for various purposes, having regard to whether their use can be described as ‘fair’ – refer to amounts in 3.3 Copying a reasonable portion.

The main relevant provisions relating to literary, dramatic, musical and artistic works are as follows:

  • s40 Fair dealing for purpose of research or study
  • s41 Fair dealing for purpose of criticism or review
  • s41A Fair dealing for purpose of parody or satire
  • s42 Fair dealing for purpose of reporting news

The main relevant provisions relating to subject matter other than works (audio-visual materials) are as follows:

  • s103A Fair dealing for purpose of criticism or review  
  • s103AA Fair dealing for purpose of parody or satire  
  • s103B Fair dealing for purpose of reporting news  
  • s103C Fair dealing for purpose of research or study

See also Section 6 regarding fair dealing provisions for assisting persons with a disability (s113F and s113E).

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