Is fair dealing the same thing as fair use?

The copyright law in some countries – most notably the United States – include a broad copyright exception called fair use. In short such provisions permit uses of copyright material so long as the use if fair. This approach does not seek to define a list of uses that are fair.

In Australia we do not have fair use – we have fair dealing. A major difference with the fair dealing approach is that it does prescribe a list of noninfringing uses. In Australia that list covers:

  • research or study
  • criticism or review
  • parody or satire
  • reporting the news
  • provision of legal advice
  • access for people with disability

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