14.88 If either fair use or a fair dealing for education exception is enacted, then the existing specific exceptions in the Copyright Act for educational institutions should be repealed—ss 28, 44, 200, 200AAA and 200AB.
14.89 The ALRC would expect that many uses within the scope of these exceptions are likely to be fair under the fair use exception, although this would depend on the application of the fairness factors in the particular circumstances. Some may not be fair, perhaps where rights holders now offer licences they were once thought unlikely to offer.
14.90 In any event, the ALRC considers that to increase innovation and efficiency in a digital age, copyright exceptions should be flexible and refer to principles. Confined and specific exceptions should therefore generally only be necessary to remove doubt with respect to uses that have a particularly important public interest.
Recommendation 14–1 The exceptions for educational use in ss 28, 44, 200, 200AAA and 200AB of the Copyright Act should be repealed. The fair use or new fair dealing exception should be applied when determining whether an educational use infringes copyright.