Last updated 12 February 2026

The Copyright Act 1968 (Cth) (Copyright Act) has more than 90 exceptions. While the most well-known exceptions are the ‘fair dealing’ exceptions (discussed below), there are many other specific exceptions. These include the following acts (ss 43–44 Copyright Act):

  • temporary reproductions that are made in the course of communication
  • backing up computer programs
  • copying for the purposes of judicial proceedings and professional legal advice
  • inclusion of works in collections for use by places of education
  • importation of non-infringing books and sound recordings.

Some other exceptions to infringements are (pt 3 div 4–6 Copyright Act):

  • the recitation or reading in public or in a broadcast. However, the extract must be from a published work, be of a reasonable length and sufficient acknowledgement of the work must be made
  • the performance of works at a person’s home (i.e. where a person lives or sleeps)
  • some reproductions for the purpose of broadcasting
  • sound broadcasts by people who hold print-disability radio licences
  • copying of works in archives or libraries for particular purposes
  • the manufacture of a record of the work. This exception is subject to certain conditions including the payment of an agreed royalty (between the copyright owner and the manufacturer) to the copyright owner. In the event that there is no agreement in force, an amount equal to 6.25% of the retail selling price of the record will be applied.

In addition, there are exceptions to infringements of copyright in artistic works (pt 3 div 7 Copyright Act). These include:

  • the inclusion in a film or broadcast of sculptures and works of artistic craftsmanship that are permanently in a public space
  • painting, drawing, engraving or photographing sculptures and works of artistic craftsmanship situated permanently in public places
  • incidental filming or broadcasting of artistic works.

Private-use exceptions for copyright users

Time shifting

The first private-use exception enables consumers to tape a broadcast of a radio or television program for private and domestic use to watch or listen at a more convenient time. This is known as ‘time shifting’(s 111 Copyright Act). ‘Private and domestic use’ is defined in s 10(1) of the Copyright Act to mean private and domestic use on or off domestic premises. The recording may be lent to a family member or household, so long as it is used for that person’s private and domestic use. If a copy is sold, let for hire, offered for sale or hire, or distributed for trade or other purposes, then the recording becomes an infringing copy, both in respect of its making and subsequent dealing.

Format shifting

The second private-use exception allows a person who has purchased a legitimate copy of some categories of copyright material to make a copy in a different format for their private and domestic use. This is known as ‘format shifting’. A common example of the permitted format shifting is where individuals wish to store their personal music collection recorded on CDs, audio tapes or vinyl records in the memory of MP3 players or personal computers. Under the format shifting provisions, it is permissible to copy without infringing copyright:

  • the content of a book, newspaper or periodical that one owns into another format (s 43C Copyright Act)
  • a photograph from hardcopy into electronic format, or from electronic format into hardcopy form (s 47J)
  • a sound recording from CD, tape, record or digital download to any other format (s 109A)
  • a film from video to electronic format (s 110AA).

Fair dealing

Fair dealing is a defence provided for in the Copyright Act, which allows the use of copyright materials for certain limited purposes. The fair-dealing defence applies when the work is used for the purposes of (ss 40–42 Copyright Act):

  • research or study
  • criticism or review
  • parody or satire
  • reporting the news
  • legal advice and judicial proceedings.

There are mirror provisions for Part IV Subject Matter other than works in ss 103A–103C of the Copyright Act.

Research or study

It is not an infringement of copyright to copy a reasonable portion of a work, so long it is for the purpose of research or study (ss 40(1), 40(3), 103C(1) Copyright Act). ‘Research and study’ are not defined in the Copyright Act but are usually given their dictionary meaning. The following factors are taken into consideration when determining this category:

  • the purpose and character of the dealing
  • the nature of work or other subject matter
  • the effect of dealing on the potential market, value of the work or other subject matter
  • the possibilities of obtaining work or other subject matter within a reasonable time and at the ordinary commercial price
  • the amount and substantiality of the portion copied in relation to whole thing (ss 40(2), 103C(2) Copyright Act).

In the case of literary, dramatic and musical works, the Copyright Act provides further guidance as to what constitutes a fair dealing for purpose of research or study. For example, one whole work may be copied where the work is an article in a periodical (s 40(3)). In the case of literary, dramatic or musical works published in an edition of 10 pages or more, a reasonable portion is considered to be 10% of the total number of pages or one chapter, whichever is the greater (s 10(2)).

Section 40(5) of the Copyright Act applies to a reproduction of a work or adaptation and defines a ‘reasonable portion’ as:

Works, adaptations and reasonable portions
Item Work or adaptation Amount that is reasonable portion
1 a literary, dramatic or musical work (except a computer program), or an adaptation of such a work, that is contained in a published edition of at least 10 pages (a) 10% of the number of pages in the edition or(b) if the work or adaptation is divided into chapters—a single chapter
2 a published literary work in electronic form (except a computer program or an electronic compilation such as a database), a published dramatic work in electronic form or an adaptation published in electronic form of such a literary or dramatic work (a) 10% of the number of words in the work or adaptation or(b) if the work or adaptation is divided into chapters—a single chapter

Criticism or review

When a Part III work, audiovisual material or an adaptation of a work is copied without permission, it will not be an infringement if the purpose of the copying is for criticism or review so long as there is sufficient acknowledgement (ss 41, 103A Copyright Act).

Parody or satire

A fair dealing may be made of a literary, dramatic, musical or artistic work for the purpose of parody and satire (ss 41A, 130AA Copyright Act). The government stated in its Revised Explanatory Memorandum for the Copyright Amendment Bill 2006 (Cth) that it is ‘… appropriate to require that a use for the purpose of parody and satire should be ‘fair’. Parody, by its nature, is likely to involve holding up a creator or performer to scorn or ridicule. Satire does not involve such direct comment on the original material but, is using material for a general point, should also not be unfair in its effects for the copyright owner’.

Reporting of the news

It is not an infringement of copyright in a work, audiovisual material or an adaptation of a work if the purpose of the copying is for the reporting of news in a newspaper, periodical, magazine or in a broadcast or film (ss 42(1), 103B(1) Copyright Act). However, the source must be given sufficient acknowledgement. Additional protection is also given to music that has been copied incidentally in the course of reporting the news by broadcast or film (s 42(2)). However, this does not extend to music that is added to a soundtrack that does not form part of the news report.

Legal advice and judicial proceedings

The use of a work for the purpose of giving professional legal advice or in the course of a judicial proceeding is not an infringement of copyright (ss 43, 104 Copyright Act).

Additional exceptions

A number of specific exceptions allow:

  • non-commercial uses by libraries or archives (s 200AB(2) Copyright Act)
  • non-commercial uses by educational institutions for educational instruction (s 200AB(3))
  • uses for or by a person with a disability (s 113E).

The use must not be made for the purposes of obtaining a commercial advantage or profit.

In addition, these exceptions introduced the three-step test into Australian legislation, which means the use must satisfy the following conditions:

  1. It is a special case.
  2. It does not conflict with the normal exploitation of the work.
  3. It does not unreasonably prejudice the legitimate interests of the owner of the copyright or a person licensed by the owner of the copyright.

It is difficult to say with any certainty which uses will fall within these exceptions. This is likely to cause uncertainty for users as to whether their use is excepted.

Libraries, archives, collecting institutions and educational institution amendments

There are provisions allowing certain activities relating to the collections of key cultural institutions (e.g. the making of preservation copies) where material is of historical or cultural significance to Australia (s 49–51 Copyright Act).

The definition of ‘library’ includes ‘a library all of part of whose collection is accessible to members of the public directly or through interlibrary loans’ (s 49(9) Copyright Act). This means that a library that is conducted for profit, such as those in a law firm or an engineering firm, can now rely upon the library copying provisions in ss 49 and 50 of the Copyright Act.

Educational institutions are also able to engage in activities such as:

  • the proxy caching of websites, subject to certain conditions
  • copying and communication of free-to-air broadcasts made available online (e.g. podcasts)
  • communication of material so it can be seen and heard by a class (e.g. a film shown via re-articulated system) (ss 200–200AAA Copyright Act).