Use of Generalist Fair Use Defence in Australian Intellectual Property Law

4952 Words 20 Pages
The objective of the Copyright Act 1968 (Cth) is to protect those who create works, such as artistic works or literary works, as well as those other subject matter, such as films or sounds recordings, from those who would serve to exploit or profit from their labor, skill and creativity. But, what about those who use these protected works and other subject matter for interests different to the above? Such as for educational purposes or for broadcasting? Under the act, there are listed many defences to protect an individual or a corporation from infringement of copyright, or in other words, directly or indirectly, infringing those exclusive rights that the copyright owner possess, also listed under the act . These defences operate in …show more content…
Other international conventions include General Agreement on Trade and Tariffs (GATT), first signed in 1947, and Agreement on Trade Related Aspects of Intellectual Property (TRIPS), signed in 1995, which covers trade-related areas of copyright. In the UK, the Copyright Act 1911 (UK), which was an amalgamation of copyright at common law and the Statute of Anne, is also a major influence on Australian copyright law – was adopted into Australia by virtue of the Copyright Act 1912 (Cth). This UK piece of legislation also recognized the importance of legislating in this area. In the United States, this area is legislated by the Copyright Act 1976 (USA). This piece of legislation will be discussed below when dealing with fair use defences. It is clear, that on an international scale, the importance of protecting intellectual property is paramount. Works of an individual’s skill, independent thought and labour needs to be protected, to prevent exploitation, rip-offs, and encourage future individuals to create new works or other subject matter other than works.
The Copyright Act 1968 (Cth), as stated above, was introduced in response to the growing need to protect individual’s creative works or other subject matter from commercial or other exploitation. It contains provisions, which describes what subject matter is protected, and rights of the copyright owner are protected. The important fact to…