Why Australia opposes Fair Use.

Having just finished this article I fear, once again, for the future. Why? Because it contains a very important message that will, ultimately, get drowned out by all the other important messages we are currently facing both here and globally… but that’s a post for another time.

Fair Use for EFF.orgAustralian copyright laws always have been considered antiquated. In fact, we are not terribly forward thinking as a nation, legislatively speaking. Copyright is, however, one of those topics that very few people understand and even fewer care about, unless they stand to profit from the proceeds of it.

Every study period throughout my undergraduate degree I was approached or pointed to a discussion regarding the unsanctioned use of unattributed copyrighted material for assignment purposes.

“But if my tutor says it’s okay to use this picture in my project, then isn’t it okay?”

“What do you mean using the writing of another person is illegal unless I have a specific agreement from the copyright holder to say I can?”

These questions, and so many others like them, resulted in me banging my head against a non-existent desk or wall, as the people I was attempting to educate gleefully told me that they didn’t care, the law was stupid, and they’d go and use copyrighted material anyway because no one was going to chase them for the royalties for their use of said material.

This.

This is why ideas like Fair Use won’t take hold here.

Fair Use is a legal idea allowing people to use copyrighted material so long as the copyright holder isn’t losing out on profits from said use. It’s that simple really. Of course, the real legal mumbo jumbo goes into exclusions and restrictions, but that’s pretty much what it amounts to.

Parliament’s a funny place. And by funny I mean disparaging to the human soul.

So, as long as the public don’t care that they’re breaking the law and could stand to lose a significant amount of money to an already filthy rich corporation (think of how many times you’ve share a meme based on someone else’s work, or a music video, or copied a line from some book onto a completely unrelated image), or face jail time and as long as politicians sit in the pockets of those corporations that believe they will miss out on all the profits if they allow people to do what they’re already “turning a blind eye” to, then legislation such as Fair Use will never take hold in Australia.

 

Still not sure what it’s all about? Check out the video below for more information.

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