The new consolidated fair dealing exception

6.6 In the Discussion Paper, the ALRC proposed that if fair use were not enacted, a number of new fair dealing exceptions should be introduced into the Copyright Act. The ALRC also proposed that the fairness factors be included in each fair dealing exception. Another, simpler, way of achieving this outcome is to consolidate the existing fair dealing exceptions into one provision, and introduce new purposes. This would be a closed-ended fairness exception, confined to uses of copyright material for the following purposes:

(a) research or study (existing);

(b) criticism or review (existing);

(c) parody or satire (existing);

(d) reporting news (existing);

(e) professional advice (existing);

(f) quotation (new);

(g) non-commercial private use (new);

(h) incidental or technical use (new);

(i) library or archive use (new);

(j) education (new); and

(k) access for people with disability (new).

6.7 These are the same as the illustrative purposes listed in the fair use exception recommended in Chapter 4.