8.1 This chapter considers ‘non-consumptive’ uses of copyright material. This captures uses which do not trade on the underlying creative and expressive purpose of the material. Examples of non-consumptive uses include caching and indexing by search engines, and possibly text and data mining.

8.2 The ALRC proposes that the fair use exception proposed in Chapter 4 should be used to determine whether activities such as caching and indexing, or data and text, mining constitute infringement. If fair use is not enacted, the Copyright Act 1968 (Cth) should be amended to provide for a new fair dealing exception for non-consumptive use.

8.3 The current exceptions in the Copyright Act that relate to temporary reproductions should be repealed.