Fair Dealings & Exceptions
- Josh Philpot
- Sep 15
- 2 min read
What Is Fair Dealing?
Fair dealing is a legal defence that lets someone use a portion of a copyrighted work without permission — only for certain purposes.
To qualify, the use must be:
1. For an allowed purpose, and
2. Fair (not harming the market for the original)
What Are the Allowed Purposes?
Under the Copyright Act 1968 (Cth), fair dealing is only allowed for:
- Research or study
- Criticism or review
- Reporting the news
- Legal advice or proceedings
- Parody or satire
📜 Legal Reference — Sections 40 to 43, 103A–103C of the Copyright Act 1968 (Cth)
What Counts as “Fair”?
There’s no set percentage or number of seconds that’s automatically fair. Courts will consider:
- How much of the work you used
- Whether you used the “heart” of the work
- Whether your use competes with or harms the original
- Whether you acknowledged the source
- The purpose and nature of your use
Example:
- Quoting a few lyrics in a music review may be fair
- Using a full song in a TikTok video is unlikely to be fair — even if it’s just for fun
What About Parody or Satire?
Yes — fair dealing for parody or satire is allowed.
But:
- Your use must genuinely comment on or mock the original or a related topic
- The parody must be more than just copying with humour added
- It still must be fair in amount and context
Tip: The more creative and transformative your parody is, the stronger your argument for fair dealing.
What If It’s for Education?
Teachers and students can sometimes copy more under the education exceptions (Part VB of the Act), but this mostly applies to schools and institutions that:
- Pay a licensing fee to collecting agencies (like Copyright Agency Limited)
- Comply with usage limits (e.g. 10% or 1 chapter of a book)
If you're not part of an institution, fair dealing rules still apply.
Common Misunderstandings
- “It’s on the internet, so I can use it.” No — copyright still applies.
- “I’m not making money, so it’s okay.” Not necessarily — commercial use matters, but it’s not the only factor.
- “It’s for school, so anything goes.” Only if fair dealing applies or your school has a licence.
- “Giving credit makes it legal.” Acknowledging the creator is polite — but it doesn’t make unlicensed use legal.
Final Thought
Fair dealing allows limited, purposeful use of someone else’s work — but it’s not a free pass. Always ask:
- Is this for an allowed purpose?
- Is the use truly fair?
- Could I get permission instead?
When in doubt — seek permission, use licensed content, or create your own.
Want to Read the Law Yourself?
You can access the full Copyright Act 1968 (Cth) here:
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