AustraliaCopyright Act 1968 (Cth) s 42, fair dealing for the purpose of reporting news
In force since .
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You may deal fairly with a literary, dramatic, musical or artistic work for the purpose of, or in association with, reporting news in a newspaper, magazine or similar periodical (with sufficient acknowledgment), or by means of a communication or cinematograph film, without infringing copyright.
- Do not count on this exception as a third-party aggregator or clipping service: it turns on the purpose of the party claiming it, not the end-use of the content, so such services generally cannot rely on it.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Does a dealing by a party that collects third-party articles for its own subscribers count as one that 'is for the purpose of, or is associated with, the reporting of news' under paragraph 42(1)(a) of the Copyright Act 1968?
What this law does
Section 42 provides that fair dealing with a literary, dramatic, musical, or artistic work does not infringe copyright if done for the purpose of, or in association with, reporting news in a newspaper, magazine, or similar periodical (with sufficient acknowledgment), or by means of a communication or cinematograph film.
The exception is narrow: it turns on the purpose of the party claiming it, not the end-use of the content, which means third-party aggregators and clipping services generally cannot rely on it.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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