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from Part II - The Law in Action
Published online by Cambridge University Press: 31 March 2020
Chapter 5 of this book discussed the fair use experiences of US cultural institutions, observing that section 107 of the US Copyright Act was relied upon in a range of circumstances and that interviewees were comfortable with the reasoning demanded by a standard. Its analysis therefore rejected a view of fair use as uncertain and unworkable, and could be seen to support the greater utilisation of standard-like concepts in copyright exceptions, including fair use itself. This chapter continues this discussion by considering experiences in relation to section 200AB, an autochthonous exception introduced into Australian copyright law in 2006 with the stated intention of capturing, for cultural institutions and other specified users, some of the benefits of fair use. This chapter asks whether section 200AB has met its stated aims, and what this means for the drafting of copyright exceptions.
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