A Submission to the Australian Law Reform Commission on Copyright and the Digital Economy: 3D Printing(2012)
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.
- Copyright Law,
- 3d printing,
- remix culture,
Publication DateNovember, 2012
Citation InformationMatthew Rimmer. "A Submission to the Australian Law Reform Commission on Copyright and the Digital Economy: 3D Printing" (2012)
Available at: http://works.bepress.com/matthew_rimmer/140/