Does the fair use defence apply to me?

Question: Does the fair use defence apply to me?

Answer:

Fair use is a defence to copyright infringement limited to certain countries including the United States of America. It does not apply in Australia.

Fair dealing is the Australian equivalent. Despite the similarities between the two defences, they are not identical. Fair dealing in Australia is generally more narrower than it’s American equivalent. To find out more about the differences between the two, read our article on fair dealing.

Answered by Lisa Lee

Lisa practises in the areas of business and commercial law, intellectual property and contract law. Having previously worked in research and development, Lisa has a strong understanding on issues surrounding protection and commercialisation of intellectual property. She is passionate about arts and technology, and is attuned to issues surrounding e-commerce and online services.

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