RE: Re: song lyrics, quotations and art

Bernard Katz wrote:
> I think this is the area in the Australian law which sets a
> minimum or quantitative threshold within which one can be assured that
> what one is doing constitutes dealing fairly with the work. As I said
> earlier on, it is also still possible to exceed these minima and agrgue
fair dealing,
> as I understand the Australian statute...

That is correct. The 10% rule is technically a safe haven. It should be noted that a whole article (as a separate work) or a whole chapter of a work should it be more than 10% is also protected under this rule. While it is still possible, I would advise a client relying on the fair dealing for research and study purposes strongly against exceeding this safe haven as I suspect the courts would apply this fairly strictly to the literary works not including or embodying artistic works. The 10% rule does not apply to artistic works. I don't believe it applies to all of the fair dealing exceptions (e.g. judicial proceedings). It really exists to protect students and academics photocopying journal articles.

-- 
| Tim Arnold-Moore, Ph.D., LL.B., B.Sc. (Hons)
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