Copyright and the digital economy : submission to ALRC Discussion Paper 79

Suzor, Nicolas P. (2013) Copyright and the digital economy : submission to ALRC Discussion Paper 79. (Unpublished)

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Australia should take the opportunity to clearly permit transformative uses of existing material, without requiring consideration of all four fairness factors. The key test should be the effect on the core licensing market of existing copyright expression. To accomplish this, a new transformative use exception should be introduced into Australian law. Alternatively, it should be presumptively fair to make a transformative use of existing material, regardless of commercial purpose, the character of the plaintiff's work, and amount and substantiality of the portion used, if the transformative work does not displace the market for the existing material.

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126 since deposited on 09 Oct 2013
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ID Code: 63203
Item Type: Other
Refereed: No
Keywords: copyright, transformative use, ALRC
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > Research Centres > ARC Centre of Excellence for Creative Industries and Innovation
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2013 The Author
Deposited On: 09 Oct 2013 22:06
Last Modified: 09 Oct 2013 22:55

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