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Australian copyright law originates in British copyright law which was established by the British parliament through the Australian Courts Act 1828. [2] The British Statute of Anne 1709, which awarded copyright protection to books, acted as a blueprint for the extension of copyright to new types of subject matter in the 18th and 19th Century.
American Fair Use entitles the use of copyrighted material in articles directly about the copyrighted material, for such uses as parody or critique. A question has arisen as to what the status of copyright law is for material which is loaded onto an American site, from Australia, whether it falls under Australian or American copyright law.
Separate but parallel to the review by the ALRC, in 2013 Greens Senator Scott Ludlam introduced a "catch-all" fair use bill to parliament. [33] [34] As it was not a government bill, and did not proceed to a vote, it lapsed in November of that year on the day of the installation of the new parliament following the 2013 federal election. [35]
Examples of fair use in United States copyright law include commentary, search engines, criticism, parody, news reporting, research, and scholarship. [7] Fair use provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor test.
Instead, every such use for research or study must be evaluated individually to determine whether it is fair, similar to the notion of fair use in U.S. copyright law. Among the criteria used to determine the fairness of a use are the purpose and character of the dealing, the nature of the work, the possibility of obtaining the work commercially ...
Milpurrurru v Indofurn Pty Ltd (the Carpets Case) was one of three Federal Court of Australia judgments in the 1990s involving the use of copyright law in Australia relating to Indigenous cultural and intellectual property (ICIP), the others being Yumbulul v Reserve Bank of Australia (1991) and Bulun Bulun v R & T Textiles (1998), or "T-shirts ...
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Note: if no court name is given, according to convention, the case is from the Supreme Court of the United States.Supreme Court rulings are binding precedent across the United States; Circuit Court rulings are binding within a certain portion of it (the circuit in question); District Court rulings are not binding precedent, but may still be referred to by other courts.