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Australia Mulling Inclusion Of Fair Use Provision In Copyright Law

by Mary Swire, for LawAndTax-News.com, Hong Kong

02 March 2005

According to reports in the international media at the weekend, Australia's Attorney General, Philip Ruddock has revealed that the government is considering introducing a 'fair use' clause into its copyright legislation.

Speaking to the MIP news service, Mr Ruddock announced that an issues paper will soon be released by his department for consultation. It is thought likely that the document will propose allowing consumers who have purchased music or films to copy them for back-up or other 'fair use' purposes.

"I consider that there is a reasonable argument for allowing the purchaser of recorded copyright material in one format being able to transfer it to another format for private use, if that was the purpose of the original purchase," he explained.

Such a move is likely to anger the US authorities however, as they sought a strengthening of Australia's copyright regime prior to the signing of the bilateral free trade agreement which came into force on January 1.

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