Is fair use coming to Australian copyright law?

Australia's copyright laws could be in for a major shake-up, including the adoption of a US-style fair use exemption, if the proposals in the ALRC's long-awaited discussion paper, "Copyright and the Digital Economy", are adopted.

Another key ALRC proposal tackles the retransmission of free-to-air broadcasting, a particularly high-profile issue since the Optus TV-Now case.

The introduction of a US-style fair use exception

The ALRC proposes repealing all the current exceptions in the Copyright Act and replacing them with a broad and flexible fair use exception, a concept derived from US law.

The Copyright Act would contain:

• an express statement that a fair use of copyright material does not infringe copyright;