How does "fair dealing" in Australia generally differ from "fair use" (America)?

How does the common law concept of "fair dealing" in Australia generally differ from the statutory and case law concept of "fair use" in the United States?

1. Alan Thomas II

• fair-use
• copyright

Comments

Answer by Deborah Mould

There's very little difference. Fair dealing only applies when use of a work for specific purposes does not infringe copyright if the use is only for criticism, parody, news reporting or research; and does not affect the commercial value of the work. If a reproduction of work is used, it is limited to 10% or a single chapter (dependant upon length). Aust Copyright Act

The reference to fair use appears to be the same thing, although there is no reference to parody or satire. US Copyright Fair Use

Comments

• Fisher: From your source: "The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “[. . .] use in a parody of some of the content of the work parodied; summary of an address or article"
• Deborah Mould: Yes in the report, but not in the the Act itself.