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Fair dealing

Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations.

For other uses, see Fair dealing (disambiguation).

Fair dealing is an enumerated set of possible defences against an action for infringement of an exclusive right of copyright. Unlike the related United States doctrine of fair use, fair dealing cannot apply to any act which does not fall within one of these categories, although common law courts in some jurisdictions are less stringent than others in this regard.[1] In practice, however, such courts might rule that actions with a commercial character, which might be naïvely assumed to fall into one of these categories, were in fact infringements of copyright, as fair dealing is not as flexible a concept as the American concept of fair use.


There are similar limitations and exceptions to copyright, such as the right to quote, also in the Berne Convention and in the laws of civil law jurisdictions.

Research and study (section 40 Copyright Act 1968 (Cth)

[2]

Review and criticism (s41)

[3]

"Reporting the news" (s42)

[4]

Legal advice (although the federal Crown is deemed to own copyright in federal statutes, and the Crown in each State in state statutes). (s43)

[5]

Parody and satire (with some exceptions) (s41A)

[6]

Digital rights management

Fair use

Limitations and exceptions to copyright

Right to quote

Rameshwari Photocopy Service shop copyright case

Australian Fair Dealing (statute)

Archived 2003-06-27 at the Wayback Machine

Fair dealing under Australian law

(PDF file, 111 KB).

Fair dealing in Australia

(PDF, 26 KB).

Fair dealing for research and study in Australia

Archived 2011-01-05 at the Wayback Machine

Fair Dealing in Canada (Copyright Act)

CCH Canadian Ltd. v. Law Society of Upper Canada

Canadian Access ©

(PDF file)

Association of Universities and Colleges of Canada Copyright Guide

Fair dealing under UK copyright law explained 2004

Fair dealing under Singapore law of 1987

Relevant sections of New Zealand's Copyright Act 1994 ( and s43)

s42

Guidelines for librarians on the NZ Copyright Act 1994 (see sections 11 and 13 in particular, and appendix 1)

Fair Dealing in Indian law

South African Copyright Act

Indian Context for Fair Dealing