The legal framework
The Copyright Act 1968 protects works for the author's life plus seventy years. Australia has fair dealing, limited to research or study, criticism or review, parody or satire, reporting news, and professional legal advice. Successive law reform inquiries have recommended adopting fair use; Parliament has not done so, but a flexible exception for libraries, archives and education was added in 2017.
Key points
| Statute | Copyright Act 1968 |
|---|---|
| Term | Life plus 70 years |
| Fair dealing | Five listed purposes, including parody or satire |
| No fair use | Recommended by review bodies but not enacted |
| Format shifting | Limited private copying exceptions exist for certain formats |
| Safe harbour | Extended in 2018 to libraries, archives, educational and cultural institutions |
| Flexible exception | Added in 2017 for libraries, archives and education |
| Site blocking | Courts can order access to infringing sites to be blocked |
In practice
- Assume everything you find online is protected: absence of a copyright notice means nothing.
- Look for an explicit licence — Creative Commons, a stock licence, a written permission — and keep a copy of it.
- Credit alone is not a defence: attribution does not replace permission.
- For anything commercial, get permission in writing and keep it for as long as you use the work.
- Do not rely on American fair use guidance: Australia's list of purposes is closed.
Where to go
- IP Australia and the Attorney-General's Department.
- Copyright Agency, APRA AMCOS, Screenrights.
- Australian Copyright Council information sheets, free.
Worth knowing
Because the list of purposes is closed, a use that would clearly be fair use in the United States can still infringe in Australia. Do not rely on American guidance. Successive reviews have recommended fair use and Parliament has declined. Anything outside the five purposes infringes, however reasonable it seems.
Official sources and links
- Federal Register of Legislation — Commonwealth law as made and in force
- Services Australia — government services and payments