The Law Handbook 2024

Chapter 7.6: Copyright 763 Fair dealing for satire or parody (ss 41A, 103AA) These sections permit any fair dealing with a copy­ right work or audiovisual item for the purpose of satire or parody. The essence of parody is imitation. Satire does not use imitation but is a form of sarcastic, scornful or ridiculing criticism of vice or folly. This defence succeeded in AGL Energy Ltd v Greenpeace Australia Pacific Ltd [2021] FCA 625, where the climate advocate Greenpeace used AGL’s logo with the words ‘Australia’s Greatest Liability’. There is no exception in the Copyright Act for the respectful reproduction of a work or audiovisual item in a new creative item (e.g. ‘homage’); if you want to do this, you need the copyright owner’s consent. Fair dealing for reporting news (ss 42, 103B) The news must be reported in a newspaper, magazine or similar periodical, or by a film or communication. Adequate acknowledgment of the copied work must be given (in periodicals). Fair dealing, or use by an organisation, for access by people with disability (ss 113E, 113F) A relevant disability is one that causes the person difficulty in reading, viewing, hearing or comprehending copyright material in a particular form (s 10(1)). For organisations that assist people with disability, this defence requires that the material cannot be obtained in that format (e.g. an audio version) within a reasonable time and at an ordinary commercial price. To establish this fair dealing defence, relevant factors are the nature of the work or audiovisual item, the reason for copying the work, and the effect of the copying on the work’s or item’s value. Temporary reproductions (ss 43A, 43B, 111A, 111B) These sections of the Copyright Act permit the temporary reproductions that occur in the course of using computers and other devices with memory (e.g. to download internet content or play legitimate copies of computer games). Format shifting (ss 43C, 109A) Section 43C permits the owner of a legitimate book, newspaper or periodical to make one copy of a work in a different form (e.g. copying an article to a computer hard drive) for private use. The owner must not dispose of the original book, or deal with the copy by way of trade, but may lend the copy to members of the owner’s family or household for private use. Section 109A permits the owner of a legitimate sound recording to make copies of it (which need not be in a different form) for private use. The original sound recording (‘original version’) must not have been made by downloading a broadcast over the internet (podcasting). This section means that a sound recording may be copied (e.g. to a computer or mobile phone). The device used to play the copy must be owned by the owner of the original version. The owner must not deal with the original version or the copy by way of trade, but may lend either the original or the copy to members of their family or household for private use. Computer programs (ss 47AB–47H) The reproduction of a computer program is permitted for the following purposes: • running the program for its normal purpose; • studying the functioning of the program; • making a backup copy; • making interoperable products; • correcting programming errors; and • testing security. In all cases, the copy must be made from a legitimate, not infringing, copy of the program. The copy must be made by or on behalf of the owner or licensee of the legitimate copy. The right to make copies in the normal course of running the program can be excluded by the licence granted by the copyright owner, but the right to copy for the other purposes cannot. Public reading or recital and broadcasting (s 45) Reading or reciting in public (or broadcasting a reading or recital of) an extract of reasonable length from a published literary or dramatic work does not infringe copyright in that work. Sufficient acknowledgement must be made to avoid infringement. The term ‘reasonable length’ is not defined in the Copyright Act.