When is a use ‘fair’?įair dealing only applies when the use is “fair”. The use must be part of some commentary (express or implied) on the material or some broader aspect of society.įriendlyJordies is known for his satirical videos that comment on and criticise politics and everyday life in Australia. Making something funny is not sufficient to rely on this exception. It is legal to use another person’s copyrighted material without their permission to make fun of them, or to make fun of another person or issue. If the material is just used incidentally, to illustrate a story or provide entertainment, it won’t count as fair dealing. The key issue to check here is whether a work has been used in a way that is necessary to report the news. The law is designed to ensure that people can’t use copyright to stifle the flow of information on matters of public interest. You don’t need permission to use existing copyrighted material while reporting on current or historic events. But when they just showed clips that were funny, a court found them liable for copyright infringement. When the panellists discussed and critiqued the clips they showed, it was generally fair dealing. This is something that tripped up Channel 10 in its clip show, The Panel. So, for example, a review video that is really just the highlights of a film or show probably won’t be fair.
You need to be really critiquing your source material. It’s also legal to quote an excerpt of a book or song lyrics, or to reference a photograph in another publication as part of a review or critique of the work.
Ozzy Man Reviews runs a popular channel that reviews existing material, relying on the fair dealing exceptions. They may also use film clips from other movies to compare or contrast. It may be expressed in an entertaining way, or with strong opinion, and does not need to be a balanced expression to be fair.įor example, a film critic does not need permission to play a short clip from a film they are reviewing. It is lawful to use a work without permission in order to critique or review it.Ĭriticism or review involves making an analysis or judgement of the material or its underlying ideas. It’s fair to photocopy a book chapter but not the whole book. The main thing to watch out for is how much you copy. you can include quotes or extracts of other work when you publish your research.you can print or take screenshots of content you find on the web for your research.you can make a copy of a chapter of a book to study it.You do not have to be enrolled in school or a university course to rely on the research or study exception. You do not need permission to copy a reasonable portion of copyrighted material if you are studying it or using it for research. We’ll explain the first four, as they’re most useful to the average Australian. Australian copyright law sets out five situations where use of copyrighted material without permission may be allowed:
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