Copyright Challenges Of The Modern Digital Economy Essay

1615 WordsOct 10, 20167 Pages
Question: Identify and discuss these copyright challenges in the modern digital economy using examples from case law. Examine the recommendations made by the ALRC for the introduction of ‘fair use’ in Australia? Fair use is a defense to copyright infringement that essentially asks of any particular use; Is this fair? Do you think that this reform will promote innovation and enable a market-based response to the demands of the digital age? Word Count: 1728 The term ‘fair use’ is defined by Hudson as the use of copyright material without permission from the owner for purposes that are deemed fair. In the digital economy however, new challengers arise with ‘fair use’. These challenges are due to the complex and changing nature of the digital environment, and the need for the law to remain relevant, and be clear and broadly understood in the community. Secondly, the purpose of copyright law is to stimulate creation and learning by providing incentives to create and distribute. Therefore, it is important that reforms do not change the fundamental objectives of the copyright law. The ALRC has made recommendations outlining implementation of ‘fair use’ legislation in Australia, which is intended to outline the purpose and character of copyright material that may be used without permission from the owner. The purpose of the ALRC report is build a fair and reasonable legal guidelines where copyright material can be used fairly for purposes that may not infringe copyright.
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