Fairness and balance: lessons from Canada for the proposed Australian law of fair use

Abstract

The Australian Law Reform Commission inquiry into Copyright and the Digital Economy has recommended that "a broad, flexible exception for fair use" should be introduced into the Copyright Act 1968 (Cth). This proposal must be analysed in the context of the significant consideration recently given to the need for reform of fair dealing law in Australia and overseas. This article examines the potential scope for an Australian law of fair use in the light of previous reform attempts and the apparent transformation of Canadian fair dealing law as a consequence of major legislative reform and judicial reconfiguration of copyright as reflecting a balance of owners' and users' rights.