7.1 This chapter outlines the existing fair dealing exceptions and examines the operation of the exceptions in the digital environment; whether there is a need for simplification of the provisions; and whether new specific fair dealing exceptions should be introduced.

7.2 The purpose-based, or close-ended, nature of the fair dealing exceptions is problematic in the digital environment. Rather than take a piecemeal approach and propose the addition of further specific exceptions in the hope of addressing gaps, the ALRC proposes the repeal of the existing fair dealing provisions and application of the new fair use exception discussed in Chapter 4. The ALRC proposes that all but one of the fair dealing purposes in the existing exceptions should be included specifically as illustrative purposes in the new fair use exception.[1]

7.3 If fair use is not enacted, the ALRC proposes that the Copyright Act 1968 (Cth) should be amended so that all existing fair dealing exceptions, and the new fair dealing exceptions proposed in this Discussion Paper, should be subject to the fairness factors[2] discussed in Chapter 4.[3]

[1] Proposal 4–4.

[2] Proposal 7–4.

[3] Proposal 4–3.