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16 January 2011 @ 12:31 pm
Fair use in Australia and transformative works  


Unlike the US, Australia doesn’t have fair use legislation. Instead, within Australian copyright law allowed is what is known as “fair dealing”, in which copyright material can be used without permission for “certain purposes, such as research, criticism and reporting news. The US fair use provision has a broader, but less certain, application because it is not limited to use for particular purposes.” (Source: Australian Copyright Council INFORMATION SHEET G091v0, July 2006).

“The Australian government has considered whether Australia should change its Copyright Act so that it includes a fair use provision similar to that in the US Copyright Act. In May 2006, however, it decided not to do so.” (Source: Australian Copyright Council INFORMATION SHEET G091v0, July 2006).

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The Organization for Transformative Works has the following to say:

Copyright is intended to protect the creator’s right to profit from her work for a period of time to encourage creative endeavor and the widespread sharing of knowledge. But this does not preclude the right of others to respond to the original work, either with critical commentary, parody, or, we believe, transformative works.

In the United States, copyright is limited by the fair use doctrine. The legal case of Campbell v. Acuff-Rose held that transformative uses receive special consideration in fair use analysis.

Transformative works are creative works about characters or settings created by fans of the original work, rather than by the original creators. Transformative works include but are not limited to fanfiction, real person fiction, fan vids, and graphics. A transformative use is one that, in the words of the U.S. Supreme Court, “adds something new, with a further purpose or different character, altering the [source] with new expression, meaning, or message.” A story from Voldemort's perspective is transformative, so is a story about a pop star that illustrates something about current attitudes toward celebrity or sexuality.
 
 
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mythagowood on February 10th, 2011 02:45 am (UTC)
THANK YOU THANK YOU THANK YOU! I've NEEDED this!

Anything to get those fat nagging hellions off my damn back!
chewableprose on February 10th, 2011 02:53 am (UTC)
Thought you'd appreciate this, your work is probably the best transformative example I can think of, so go forth with confidence my friend ;).