Selected year snapshot
For 1995, the active event in this file is Copyright Act 1968.
100%
Current rationale
Section 40(1) of the Copyright Act 1968, as in force on 1990-01-01 (following the Copyright Amendment Act 1989 which amended s 40), provides a fair dealing exception for the purpose of research or study. The term 'fair dealing' covers any exclusive right (not only reproduction), it applies to all literary, dramatic, musical and artistic works, and it is open to any user — not restricted to individuals acting privately or to institutions. Section 40(2) provides factors for determining fairness. Sections 49 and 50 provide additional library copying provisions for research purposes (institutional, so PURPLE individually). Section 51 provides reproduction for judicial proceedings. The most permissive exception is s 40(1) fair dealing for research or study, which is GREEN. Non-commercial restrictions, copy limits, and proportionality qualifiers are classification-neutral.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purpose of research or study. Open to any user, any covered work type, any exclusive right ('dealing').
Reproduction by libraries or archives for users — supply of copies of articles or parts of works for research or study purposes.
Reproduction by libraries or archives for other libraries or archives.
Reproduction of works in libraries for preservation and administrative purposes.
Law changes
Copyright Act 1968
Baseline · Effective 1990-01-01
100%
Relevant section: Sections 40, 49, 50, 51, 53
Dates: Effective 1990-01-01 · Enacted 1989-06-16
Why this score
Section 40(1) of the Copyright Act 1968, as in force on 1990-01-01 (following the Copyright Amendment Act 1989 which amended s 40), provides a fair dealing exception for the purpose of research or study. The term 'fair dealing' covers any exclusive right (not only reproduction), it applies to all literary, dramatic, musical and artistic works, and it is open to any user — not restricted to individuals acting privately or to institutions. Section 40(2) provides factors for determining fairness. Sections 49 and 50 provide additional library copying provisions for research purposes (institutional, so PURPLE individually). Section 51 provides reproduction for judicial proceedings. The most permissive exception is s 40(1) fair dealing for research or study, which is GREEN. Non-commercial restrictions, copy limits, and proportionality qualifiers are classification-neutral.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purpose of research or study. Open to any user, any covered work type, any exclusive right ('dealing').
Reproduction by libraries or archives for users — supply of copies of articles or parts of works for research or study purposes.
Reproduction by libraries or archives for other libraries or archives.
Reproduction of works in libraries for preservation and administrative purposes.
Original text
40.—(1) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for the purpose of research or study does not constitute an infringement of the copyright in the work.
Source links
Copyright Amendment (Digital Agenda) Act 2000
Relevant update · Effective 2001-03-04
100%
Relevant section: Sections 40, 49, 50, 51A (new), 110B (new)
Dates: Effective 2001-03-04 · Enacted 2000-09-04
Why this score
The Copyright Amendment (Digital Agenda) Act 2000 introduced new provisions relating to communication rights and digital uses. It extended library and archive exceptions (ss 49, 50) to cover electronic communication of copies for research purposes, and introduced s 51A (temporary reproductions as part of technical process of making or receiving a communication). Section 110B permitted recording broadcasts for private and domestic use. The core fair dealing exception in s 40(1) for research or study remained unchanged and continues to be the most permissive exception — open to any user, any covered work type, and covering any exclusive right ('dealing'). The overall classification remains GREEN.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purpose of research or study. Open to any user, any covered work type, any exclusive right.
Reproduction and communication by libraries or archives for users for research or study. Now extended to electronic communication.
Reproduction and communication by libraries or archives for other libraries or archives.
Temporary reproductions made in the course of communication — technical process exception.
Reproduction of works in libraries for preservation and administrative purposes.
Original text
40.—(1) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for the purpose of research or study does not constitute an infringement of the copyright in the work.
Source links
Copyright Amendment Act 2006
Relevant update · Effective 2006-12-11
100%
Relevant section: Sections 40(1A), 40(5), 43C (new), 47J (new), 110AA (new), 200AB (new)
Dates: Effective 2006-12-11 · Enacted 2006-12-11
Why this score
The Copyright Amendment Act 2006 introduced several significant changes. Section 200AB introduced a flexible exception for libraries, archives, educational institutions, and persons with a disability, based on a three-step test. Section 43C introduced a new exception for temporary reproductions made in the course of communication. Section 40(1A) extended fair dealing for research or study to audio-visual items (cinematograph films and sound recordings). Section 40(5) was added to clarify that fair dealing for research or study applies to electronic reproductions. Section 110AA introduced time-shifting exception for broadcasts. The core s 40 fair dealing for research or study remains the most permissive exception — now explicitly extended to audio-visual items, open to any user, any work type, and covering any exclusive right. Classification remains GREEN. Section 200AB is also notable as a flexible exception for institutional use based on the three-step test, but it is limited to institutions (PURPLE individually). The non-commercial restriction in s 200AB is classification-neutral.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation, or (new) audio-visual item, for the purpose of research or study. Open to any user, any covered work type, any exclusive right. Now extended to audio-visual items via s 40(1A).
Flexible exception for libraries, archives, educational institutions, and persons with disability. Covers any 'use' but restricted to specified institutional bodies and subject to three-step test conditions.
Temporary reproductions made in the course of communication.
Reproduction and communication by libraries or archives for users for research or study.
Reproduction and communication by libraries or archives for other libraries or archives.
Time-shifting exception — recording broadcasts for private and domestic use for watching/listening at a more convenient time.
Reproduction of works in libraries for preservation and administrative purposes.
Original text
200AB Special exceptions for use by libraries and archives (1) The copyright in a work or other subject-matter is not infringed by a use of the work or other subject-matter by a body administering a library or archives if the use is made: (a) for the purpose of maintaining or operating the library or archives (including operating the library or archives to provide services of a kind usually provided by a library or archives); and (b) the use is not partly for the purpose of the body obtaining a commercial advantage or profit; and (c) the use is not made by, or on behalf of, the body for the purpose of the body obtaining a commercial advantage or profit; and (d) the use does not conflict with a normal exploitation of the work or other subject-matter; and (e) the use does not unreasonably prejudice the legitimate interests of the owner of the copyright.
Source links
Copyright Amendment (Disability Access and Other Measures) Act 2017
Relevant update · Effective 2017-12-22
100%
Relevant section: Sections 113P, 113Q (new Division 4 of Part III)
Dates: Effective 2017-12-22 · Enacted 2017-06-22
Why this score
The Copyright Amendment (Disability Access and Other Measures) Act 2017 introduced new provisions primarily relating to disability access (implementing the Marrakesh Treaty). It also made amendments to library and archive provisions. However, the core s 40 fair dealing for research or study was not substantively changed. The overall classification remains GREEN based on s 40. This update is included because it amended library/archive provisions (ss 49, 50, 51A, 200AB) which are relevant to institutional research copying. The amendments broadened the scope of s 200AB to cover educational institutions more flexibly.
Exceptions considered
Fair dealing for the purpose of research or study. Unchanged. Open to any user, any work type, any exclusive right.
Flexible exception for libraries, archives, educational institutions, and persons with disability. Amended to broaden disability access.
New provisions for accessible format copies for persons with disability.
Reproduction and communication by libraries or archives for users for research or study.
Reproduction and communication by libraries or archives for other libraries or archives.
Source links
Copyright Act 1968 (consolidated as of 2025)
Current law confirmation · Effective 2025-01-01
100%
Relevant section: Sections 40, 49, 50, 51A, 53, 200AB
Dates: Effective 2025-01-01
Why this score
As of 2025, the Copyright Act 1968 (Cth) continues to provide a fair dealing exception for research or study under s 40. This exception: (1) Uses — covers any 'dealing' with a work, which encompasses any exclusive right (reproduction, communication, adaptation, etc.), not only reproduction; (2) Works — applies to literary, dramatic, musical and artistic works, adaptations thereof, and (since 2006) audio-visual items, covering all major categories of copyright subject matter; (3) Users — is open to any person, not restricted to individuals acting privately or to institutions. The exception is therefore GREEN. Additional institutional exceptions exist (ss 49, 50, 53, 200AB) but are less permissive as they are restricted to libraries, archives, and educational institutions. Australia does not have a specific TDM exception as of 2025, but the general fair dealing for research or study under s 40 would potentially cover TDM activities as a form of research. The non-commercial restriction is not present in s 40 (it applies to any research, commercial or non-commercial). Classification-neutral factors (proportionality qualifiers in s 40(2), copy limits) were not factored into the color decision.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work, or audio-visual item, for the purpose of research or study. Open to any user, covers all major work types, covers any exclusive right ('dealing').
Reproduction and communication by libraries or archives for users requesting copies for research or study.
Reproduction and communication by libraries or archives for other libraries or archives.
Temporary reproductions made in the course of communication as part of a technical process.
Reproduction of works in libraries for preservation and replacement purposes.
Flexible exception for libraries, archives, educational institutions, and persons with disability. Covers any 'use' but restricted to specified bodies and subject to three-step test conditions and non-commercial requirement.
Temporary reproductions made in the course of communication.
Time-shifting exception for recording broadcasts for private and domestic use.
Original text
40 Fair dealing for purpose of research or study (1) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for the purpose of research or study does not constitute an infringement of the copyright in the work. (1A) A fair dealing with an audio-visual item for the purpose of research or study does not constitute an infringement of the copyright in the audio-visual item. (2) For the purposes of this Act, the matters to which regard shall be had, in determining whether a dealing with a literary, dramatic, musical or artistic work or with an adaptation of a literary, dramatic or musical work, being a dealing by way of reproducing the whole or a part of the work or adaptation, constitutes a fair dealing with the work or adaptation for the purpose of research or study include: (a) the purpose and character of the dealing; (b) the nature of the work or adaptation; (c) the possibility of obtaining the work or adaptation within a reasonable time at an ordinary commercial price; (d) the effect of the dealing upon the potential market for, or value of, the work or adaptation; and (e) in a case where part only of the work or adaptation is reproduced—the amount and substantiality of the part copied taken in relation to the whole work or adaptation.