The Future of Fair Dealing in Australia: Protecting Freedom of Communication

Abstract

This article considers the role of the concept of freedom of communication within the law of copyright in Australia. It concludes that the judicially articulated implied Constitutional guarantee of freedom of political communication is too narrow to act as a control upon the contours or nature of copyight law. However the doctrine of fair dealing encompasses elements of freedom of communication and provides some scope for the recognition of such rights under Australian law.

Keywords: freedom of speech, copyright, fair dealing, freedom of political communication

JEL Classification: K0, K00, K19, K29, K30, K49