04.06.2013
14.62 If fair use is not enacted, the Copyright Act should provide a new exception for fair dealing for public administration. Like fair use, the fair dealing exception would be flexible and able to respond to changing technology and government practices. Like fair use, fair dealing for public administration would be subject to the fairness factors. The fairness factors would protect the interests of copyright owners while ensuring that uses that do not interfere with the market for copyright material are not subject to undue restrictions.
Proposal 14–2 If fair use is not enacted, the Copyright Act should provide for a new exception for fair dealing for public administration. This should also require the fairness factors to be considered.