Copy That, Part 5 – Exceptions and Limitations: Fair Dealing in Australia

There’s a common misconception that “if I’m not making money from it, it’s fine.” Not so.

In Australia, there are only very specific circumstances where you can use someone else’s copyright material without permission—and they’re called fair dealing exceptions.

These are not catch-all “free use” rules. They’re targeted, purpose-driven carve-outs in the Copyright Act, and if you step outside them, you risk infringement.

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The five main fair dealing purposes

You can use copyright material without permission if your use is fair and is for one of these legally recognised purposes:

1. Research or study

   • This includes both academic and private study.

   • Factors like the amount used and the purpose matter—copying an entire textbook probably isn’t “fair.”

2. Criticism or review

   • The material must genuinely be part of a critique or review, and you must provide sufficient acknowledgment of the source.

3. Parody or satire

   • This can be humorous or biting, but must be a genuine parody or satire—not just borrowing the work for entertainment value.

4. Reporting the news

   • Use must be connected to an actual news report, not just general commentary. Proper attribution is required.

5. Giving professional legal advice

   • Lawyers can use works as part of providing legal advice to clients.

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The fairness test

Even if you meet one of the above purposes, your use must also be “fair.”  Courts look at factors such as:

• The purpose and character of your use

• The nature of the work

• The amount and substantiality of the portion used

• Whether your use competes with or harms the market for the work

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Not to be confused with US “fair use”

The US doctrine of “fair use” is broader and more flexible. Australia’s fair dealing is narrow—if your use doesn’t fit one of the listed purposes, there’s no exception, no matter how “reasonable” it seems.

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IP Mojo tip: When in doubt, get permission

Fair dealing can be a powerful defence, but it’s not a free pass. If you’re outside the scope of the exceptions, or if “fairness” is debatable, permission (or a licence) is the safest route.

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Next up in our Copy That series:
Part 6 – Copyright and the Digital Age: Online Use, Streaming, and AI
Because copyright law applies online too—and the rules can surprise you.

Copy That, Part 4 – Copyright Duration and the Public Domain

Nothing lasts forever—not even copyright.

In Australia, copyright protection is generous, but it isn’t permanent. Once it expires, the work enters the public domain, where anyone can use it freely without permission or payment. For creators, this means a valuable asset eventually becomes a shared cultural resource. For users, it’s an open invitation to repurpose, remix, and reimagine.

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How long does copyright last?

It depends on the type of work:

• Literary, dramatic, musical, and artistic works: Life of the creator plus 70 years.

• Films and sound recordings: Generally 70 years from the year of first publication.

• Broadcasts: 50 years from the year of broadcast.

• Published editions: 25 years from first publication (protects the typographical arrangement, not the content).

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Why the long tail?

The “life + 70 years” rule aligns Australia with most of its major trading partners. The idea is that copyright rewards creators and their estates for decades after creation—often long enough to benefit children and grandchildren—while ensuring that, eventually, the work joins the public’s shared heritage.

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The public domain: free, but not always simple

When a work falls into the public domain, you can:

• Copy, adapt, and distribute it without permission

• Use it in new creations (films, books, merchandise, etc.)

• Monetise it without paying royalties

But be careful:

• New editions, translations, or adaptations of a public domain work can have their own copyright.

• Moral rights still apply—meaning you may still need to credit the original creator or avoid derogatory treatment.

• Other rights (like trade marks or cultural heritage protections) can limit how you use older works.

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IP Mojo tip: double-check before you dive in

Don’t assume a work is in the public domain just because it’s “old” or freely available online. Confirm the date of creation and publication, and check whether there have been later editions or modifications that might still be protected.

Please note images you find in Google Images or that pop up in your searches irrespective of the search engine you use, are generally not in the public domain and may well be protected by copyright.  That should be your assumption until proven otherwise – don’t assume it’s public domain … find out first!

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Next up in our Copy That series:
Part 5 – Exceptions and Limitations: Fair Dealing in Australia
Because yes, there are times you can use someone else’s work without asking first—but they’re narrower than you might think.

Copy That, Part 3 – Economic Rights, Moral Rights, and Beyond

Copyright isn’t just about money—it’s also about dignity.

In Australia, copyright law recognises two distinct sets of rights: economic rights and moral rights. Economic rights are about commercial control and exploitation. Moral rights are about personal connection and respect for the creator. Together, they shape not just who can profit from a work, but also how that work can be used and credited.

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Economic rights: the commercial engine

Economic rights give the copyright owner exclusive control over:

• Reproduction – copying the work in any form (printing, scanning, duplicating files)

• Publication – releasing the work to the public for the first time

• Performance – performing the work in public (for plays, music, etc.)

• Communication – sharing the work online or by broadcast

• Adaptation – turning the work into another form (e.g. a book into a film)

These rights can be licensed (permission granted, usually with conditions) or assigned (ownership permanently transferred). They’re the levers by which copyright generates income—royalties, sales, syndication, and more.

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Moral rights: the creator’s personal stake

Moral rights aren’t about money—they’re about the creator’s relationship to their work. They belong only to individuals (not companies) and last for the creator’s life plus 70 years. There are three:

1. Right of attribution – to be named as the creator

2. Right against false attribution – to prevent someone else being credited for your work

3. Right of integrity – to prevent derogatory treatment of your work that prejudices your honour or reputation

Moral rights cannot be assigned—you can’t sell them. But a creator can give written consent to acts that might otherwise infringe these rights.

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The commercial reality

In industries like film, publishing, advertising, and architecture, it’s common for creators to be asked to give moral rights consents (sometimes called waivers). This lets the work be altered, edited, or incorporated into larger projects without constant approvals—important in collaborative, large-scale productions.

For businesses, understanding moral rights isn’t just legal hygiene—it’s risk management. For creators, it’s a reminder that copyright isn’t just an asset, it’s part of your identity.

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Next up in our Copy That series:
Part 4 – Copyright Duration and the Public Domain
Because nothing lasts forever—except maybe the internet.

Copy That, Part 2 – Who Owns Copyright? Navigating the Rights Minefield

You wrote it. You made it. You own it… right?

Not always.

In Australia, the question of who owns copyright isn’t as simple as “the person who created it”.

The answer depends heavily on how the work was created, who you were working with at the time, and what agreements—if any—were in place. Misunderstanding ownership rules can cause disputes that are far more expensive to fix than they would have been to prevent.

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The general rule: the creator owns the copyright

If you sit down at your kitchen table and write a short story, paint a landscape, or compose a song, you own the copyright. No-one else can use it without your permission.

But in the real world, works are often created in the context of a job, a collaboration, or a paid commission—and that’s where the rules get tricky.

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When the general rule doesn’t apply

There are a few other specific exceptions under the Copyright Act (for example, certain government works and older commission rules), but for most situations the main ones to watch are:

1. Employees

If you create a work in the course of your employment and as part of your normal job duties, the copyright usually belongs to your employer.

That “in the course of employment” test is important—something you do entirely on your own time, with your own equipment, may well remain yours.

2. Contractors & freelancers

Unlike employees, independent contractors usually retain copyright in their work unless there’s an agreement that transfers it to the client.

That means if you commission a designer to create a logo without a written assignment of copyright, they might still own it, even though you paid for it.

3. Commissioned works

Paying for a work doesn’t automatically make you the copyright owner. The main exception is certain photographs and portraits commissioned for private or domestic purposes—here, the person commissioning the work is the first owner of copyright.

4. Collaborations

Just because two people worked together on a project doesn’t mean they’re joint authors. Joint authorship arises only if each person made a real creative contribution to the work.

Supplying ideas, feedback, or research assistance doesn’t always count.

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Why it matters

Getting ownership wrong can leave you unable to stop someone else from using the work you thought was yours—or unable to use it yourself without their permission.

Disputes often arise years later, when the work turns out to have commercial value.

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IP Mojo tip: put it in writing

Whether you’re commissioning a work, collaborating on a project, or creating as part of your job, don’t rely on assumptions.

A clear, written agreement about who will own the copyright (and on what terms) is one of the cheapest and most effective forms of IP insurance you can buy.

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Next up in our Copy That series:
Part 3 – Economic Rights, Moral Rights, and Beyond
Because copyright isn’t just about money—it’s also about recognition and control.