13.60 The ALRC proposes that ‘education’ be one of the illustrative purposes listed in the fair use provision, just as it is an illustrative purpose in the US fair use provision. This will signal that a particular use that falls within the broader category of ‘educational use’ is more likely to be fair than a use which does not fall into this or any other illustrative purpose category.
13.61 However, in deciding whether the particular use is fair, the fairness factors must be considered. The fact that a particular use falls into, or partly falls into, one of the categories of illustrative purpose, does not necessarily mean the use is fair. In fact, it does not even create a presumption that the use is fair. A consideration of the fairness factors is crucial.