Use for judicial proceedings and for members of Parliament

14.63 There are two specific exceptions in the Copyright Act that are of particular relevance to public administration:

  • reproduction for the purpose of judicial proceedings or a report of judicial proceedings;[84] and

  • copying by Parliamentary libraries for members of Parliament.[85]

14.64 The ALRC proposes that these specific exceptions should be repealed, in the expectation that such uses would generally fall within the proposed fair use exception. These uses have a purpose and character that is non-commercial, are necessary for activities that are central to the operation of democratic government, and are not likely to have an impact on the market for the material.

14.65 Government submissions to this Inquiry called for further specific exceptions for use in parliamentary proceedings and state commissions and inquiries.[86] The ALRC considers that these uses should be considered under a fair use exception.

Proposal 14–3 The following exceptions in the Copyright Act should be repealed:

(a) ss 43(1), 104—judicial proceedings; and

(b) ss 48A, 104A—copying for members of Parliament.

[84]Copyright Act 1968 (Cth) ss 43(1), 104.

[85] Ibid ss 48A, 104A.

[86] Victorian Government, Submission 282; DSITIA (Qld), Submission 277; Department of Defence, Submission 267; State Records South Australia, Submission 255; Tasmanian Government, Submission 196.