Arguments Against Fair Use In Australia

Introduction The law in Australia in relation to copyright is inadequate because there are many restrictions on fair dealing. This area of the law could be improved by removing many of the restrictions on fair dealing in Australia and adopting a system similar to the fair use system in place in America. The reason for this…
Background There is a large debate surrounding fair dealing and fair use in Australia. The reason for this is that Australia's laws around fair dealing are far more restrictive than those in the US. In the US fair use laws basically mean that "you can make use of anything that is fair" as long as you are following some set guidelines. Australia's fair use laws on the other hand say that "you can make any use that is fair
The four main arguments in support of fair use are that it: "provides flexibility to respond to changing conditions as it is principles-based and technology neutral; assists innovation; restores balance to the copyright system; and assists with meeting consumer expectations." The four main arguments against fair use are that it: "is unnecessary and no case is made out for it; would create uncertainty and expense; originated in a different legal environment; and may not comply with the three-step test." These arguments encapsulate the arguments made by the key stakeholders on both sides of the argument. Telstra submitted in favour that the current exemptions to fair use are made in response to existing technologies and as a result tend to have a narrow "patchwork" application to circumstances that exist at the time the exemption is introduced.
There are several areas of this law that are ineffective, such as the fact that the allowances in the law are very limited. The law somewhat balances the rights of the individual and the rights of the community, however It does not apply equally to all because there are more limits placed on some copyrights than others. The law is not clear in that there is a potential for the laws to confuse people in relation to what is exempt and what is not. It is consistent throughout all states and territories and it has been stable to date. It is not capable of being enforced. The reason for this is that even if the copyrighted material is blocked in Australia it can still be accessed through the use of proxies and torrents. This can be shown in geo-blocked tv shows such as game of thrones, a tv series with one of the highest piracy rates. (get a