Delia pointed out that although the reforms ‘fixed many of the education sector copyright issues, they have not fixed all of the problems faced by Australian education sector.’ Outstanding reform issues include ‘the introduction of a flexible fair use exception as recommended by the Australian Law Reform Commission (ALRC) and supported by the Productivity Commission (PC).’
Although the recent reforms have simplified the way teachers can use digital technologies, it does not solve these fundamental issues. Both the ALRC and the Productivity Commission recommended that the Government enact a fair use exception to ensure copyright is flexible enough to meet the needs of Australian education in a way that does not harm copyright owners’ markets.
It’s interesting and helpful to look to jurisdictions where education can rely on flexible use exceptions.
This week, Fair use| Fair dealing Week celebrated the inclusion of these doctrines in law. Our colleagues in the United States and Canada provided an excellent commentary on the need for such exceptions for ‘students, faculty, librarians, journalists, and all users of copyrighted material’.