12.1 This chapter considers uses of copyright material by libraries and archives in the digital environment. The Copyright Act contains specific exceptions for libraries and archives that relate to preservation copying and document supply. A flexible dealing exception is also contained in s 200AB.

12.2 The ALRC recommends that ‘library and archive use’ be an illustrative purpose of the fair use exception recommended in Chapter 4. The ALRC also recommends that, if fair use is not enacted, the Copyright Act be amended to introduce a new fair dealing exception, including ‘library and archive use’ as a prescribed purpose. The chapter discusses how such an exception might be framed.

12.3 As a consequence of fair use or the new fair dealing exceptions, the current flexible dealing exception in s 200AB for libraries and archives should be repealed.

12.4 The ALRC also recommends that the exceptions relating to preservation copying and document supply for research and study be retained, with some amendments. The retention of these exceptions is justified on public interest grounds and to reduce unnecessary transaction costs. These exceptions should not limit the operation of fair use, or the new fair dealing exceptions.