RECOMMENDATIONS

The Australian Law Reform Commission poses a number of questions on the defence of fair use in Copyright and the Digital Economy.

Question 52. Should the Copyright Act 1968 (Cth) be amended to include a broad, flexible exception? If so, how should this exception be framed? For example, should such an exception be based on ‘fairness’, ‘reasonableness’ or something else? Question 53. Should such a new exception replace all or some existing exceptions or should it be in addition to existing exceptions?

The case study of 3D printing highlights how Australia would benefit from a defence of fair use.

Recommendation 1 The narrow, limited and purpose-specific defence of fair dealing is rigid and inflexible in dealing with emerging technologies in the digital economy – such as 3D printing.

Recommendation 2 The Australian Government should adopt a defence of fair use in order to promote innovation, competition and trade, in the digital economy, and to enable consumers to participate in a remix culture. The case study of 3D printing highlights how Australia would benefit from a defence of fair use.

Recommendation 3 Such a defence of fair use should be modelled upon the United States defence of fair use. It should consolidate existing fair dealing defences under Australian law.