Business Law Section

Copyright Modernisation Discussion Paper

The submission in response to the Copyright Modernisation discussion paper (Discussion Paper) was prepared by the Intellectual Property Committee of the Business Law Section. 

In summary, the Intellectual Property Committee supports:

1. Introducing a broad “fair use” defence;

2. If, despite every major review since at least the Copyright Law Review Committee’s Simplification Reference recommending the introduction of a broad “fair use” defence, the Government does not adopt this recommendation, the IPC would be prepared to support the introduction of a number of additional fair dealing defences despite the obvious shortcomings with that approach;

3. Limiting contracting out of the fair use defence or, if fair dealing is retained, the fair dealing defences only to circumstances where the right holder establishes that the exclusion of the defence was reasonable in the circumstances; and

4. Limiting the remedies available for use of orphan works after a reasonably diligent search has failed to identify the relevant author/copyright holder to a reasonable royalty/fee.

You can read the full submission below.

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