The Australian Law Reform Commission (ALRC) has recommended introducing a ‘fair use’ defence against copyright infringement. This change would mean creators no longer have the right to give or deny permission for any use of their work.
If Parliament accepts the recommendations, anyone will be able to use an artist’s work without permission provided they can show the use was ‘fair’. What is fair would need to be based in community expectations and previous practice through common law but would not be defined in law.
