Technology And Its Effect On The Rights Of Copyright

Table of Contents I. Introduction 1 II. The Existing Exceptions are Not Broad Enough 2 III. A Transformative Use Exception Is Needed to Encourage Creative Activity 5 IV. A Transformative Use Exception Would Mitigate the Effects of an Excessive Copyright Term 7 V. A Transformative Use Exception Would Not Harm The Legitimate Interests of Copyright Holders 8 VI. Transformative Use Should Be Covered Under Fair Use Rather Than a Stand-Alone Exception 9 VII. Conclusion 10 I. Introduction In light of the AUSFTA, Australia has significantly amended its copyright legislation to be more in line with American copyright law. However, Australia has yet to adopt American-style fair use doctrine. In Australia, an otherwise infringing use of copyright material can only be fair if the dealing was for one of five specified purposes. American fair use doctrine, in comparison, is more open-ended and not limited to a set of specific purposes. Rather, a test consisting of four non-exhaustive factors is applied on a case-by-case basis for determining whether an impugned use is ‘fair’. The first of the fairness factors is the ‘purpose and character of the use’ which essentially concerns whether the use is transformative. The definition used by the Australian Law Reform Commission (ALRC) is the use of â€Å"pre-existing works to create something new, that is not merely a substitute for the pre-existing work.† In some analyses, whether a use is trans formative has become the key question inShow MoreRelatedDigital Technology And Its Effects On The World1639 Words   |  7 Pageshas experienced vast improvements in technology and what seems as an endless expansion of the Internet, and as a result, laws and legislation have had to evolve was well. Technologists and policymakers exist in â€Å"two worlds, â€Å"two cultures† when it comes to viewing a problem and developing a solution. 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