New report highlights the complexities of copyright law for Australian creators

Image for new copyright publication

A new study conducted by researchers from the Queensland University of Technology reveals how the current Australian copyright regime influences the creative process and those involved. The researchers described the goals of the study as twofold: “first, to ascertain what creators understand about copyright law and how they situate themselves within it, and second, to understand the difficulties that creators face when reusing content for ongoing creativity.”

A total of 29 Australian creators across a variety of art forms were interviewed to understand how they engage with copyright licensing and reuse practices to create new cultural goods. The research took into consideration issues such as whether permission had been sought to reuse copyrighted content; the amount of time and cost involved in obtaining such permissions; and a creator’s recourse if permission was either denied or too expensive to obtain.  

The outcomes of the study broadly highlight the ambiguity around the scope and application of fair dealing exceptions under Australian copyright law, and how creators often confuse Australian fair dealing with the American fair use provisions. While talking about fair dealing exceptions, one participant remarked, “Everybody is out there flying a bit blind about this.” A majority of the interviewees also expressed concerns about high licensing costs and long wait periods in obtaining copyright permissions.

Since the purpose of the report is to highlight ‘the grey areas between laws and norms in creative practices’, it can be regarded as crucial for the Australian creative culture and for those who desire to exchange or contribute to it more actively.

The full report can be downloaded here: https://eprints.qut.edu.au/115940/

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