Fair dealing

The fair dealing exceptions to copyright infringement.

Fair dealing

There is no general exception for using copyright material simply because you think it is fair or because you are not making a profit. The Copyright Act allows copyright material to be used without permission only if your use is a fair dealing for one of the following purposes.

1. Research or study
2. Criticism or review
3. Parody or satire
4. Reporting news
5. Enabling a person with a disability to access the material
6. Professional advice by a lawyer, patent attorney or trademark attorney

What copyright materials are covered by fair dealing

The fair dealing provisions will apply to all copyright material that you did not create (including those marked 'all rights reserved') unless they are clearly marked with a statement (like Creative Commons or open source) or it is in the public domain.

Copyright material is usually identified with a © [name of owner/publisher] [year released]. There is no set place on where these are placed, it is also not a legal requirement, so there may be no notice. Some places to look could be:

• on the second or third page of a printed book
• on the bottom of the home page of a website
• next to the contents in a journal or magazine
• on the final page of a journal or magazine
• in the metadata of a digital object
• in the more section of online videos
• in the credits of movies or TV shows.

If the material is less than 70 years old, usually best to assume it is still in copyright.

If the material is marked with a Creative Commons licence or is in the public domain then follow the rules that apply to that material.

Note: Material created by artificial intelligence (AI) are in the public domain as of September 2024.

How much can you copy under fair dealing

Under fair dealing you can copy a ‘reasonable portion’ of the material. There are two ways to work out what is a reasonable portion.

Firstly, a set amount for copyright material that can easily be calculated (for example, text-based material).

• 10% of the number of pages (if it’s text or sheet music and is more than 10 pages long).
• One chapter (if it’s divided into chapters) either printed or electronic.
• An article from a newspaper, magazine or journal (or more than one if it is for the same course of research or study).
• 10% of the number of words in an electronic material (for example, from the internet).

Secondly a judgement call, on what is being copied (photos, images, film) and what it is being used for (how much, what type of material is it).

• Small amount of music to illustrate a technique, an image to demonstrate a skill, diagram to show where parts go together.
• A whole image or diagram, 30 seconds of a piece of music, a minute of a film.
• Is the material available for purchase?
• Will using the material affect sales of the original copyright material?
• How much are you copying, and how important or distinctive is the piece?

Fair dealing obligations

As part of using copyright material under any of the fair dealing rights, the obligation is to reference where the material came from. This can be done in several ways.

• A citation list or bibliography.
• A credits list at the end of a video.
• Verbal thanks at the end of a recital or music program.
• A reference slide at the end of a PowerPoint presentation.
• Clickable link under the image.

What you can do with copied material under fair dealing

As each of the six purposes are different, here is a short list for each type of purpose.

1. Research or study – can only be used for personal study or included in a class or assessment task. Copyright material used under this provision cannot be placed on the public internet.
2. Criticism or review – a reasonable portion of the material can be included in the critique or review for illustrative purposes.
3. Parody or satire – the original material is clearly identifiable in the parody or satire.
4. Reporting news – a reasonable portion can be included in a news article for current and breaking news.
5. Enabling a person with a disability to access the material – an individual or an organisation supporting them can convert copyright material into a format that ensures the individual can equitably access that material.
6. Professional advice by a lawyer, patent attorney or trademark attorney – a lawyer, patent attorney or trademark attorney can copy materials to assist their legal matters.

Fair dealing definitions

Fair dealing for research or study

Under fair dealing, students/researchers can copy reasonable portions of copyright material to use in their research and study. The use of these portions is limited to personal use.

Under this provision, educational institutions can also copy a reasonable portion and send it to students/researchers (request a scan). This can be known as a s 49 (section 49) request if you source from ACU Library, or a s 50 (section 50) request when ACU Library sources the copy from another institution for you.

Fair dealing for criticism or review

A person can use copyright material for the purpose of criticism or review without infringing copyright.

Fair dealing for parody or satire

The terms parody and satire are not defined in the Copyright Act. The courts have said that:

• a parody is, at its essence, where material is imitated or evoked in a humorous way yet with such revision and alteration as to produce an original material; and
• a satire is a form of ironic, sarcastic, scornful, derisive or ridiculing criticism of vice, folly or abuse, but not by way of an imitation or take-off.

Fair dealing for reporting news

Copyright material may be used in reporting news in a newspaper, magazine (or similar periodical) or film, or by means of a broadcast.

Fair dealing for access by persons with a disability

This implements Australia’s obligations under the Marrakesh Treaty. They are:

• a fair dealing exception for the purpose of giving one or more people with a disability access to the material (section 113E); and
• an exception allowing certain organisations to use material for the purpose of assisting people with a disability to access material in their required format (section 113F).

These exceptions, apply to a person with a disability that causes difficulty in reading, viewing, hearing or comprehending copyright material in a particular form.

Fair dealing for professional advice

It is not an infringement of copyright to use copyright material for the purpose of giving professional advice by a lawyer, patent attorney or trademark attorney.