Selected year snapshot
For 1999, the active event in this file is Copyright Act 1968 (Cth), as applied to Christmas Island.
100%
Current rationale
Christmas Island is an external territory of Australia. Under section 4 of the Copyright Act 1968 (Cth), the Act extends to each external Territory, which includes Christmas Island. The key research-relevant exception is section 40(1), which provides for fair dealing for the purpose of research or study. This exception: (1) Uses — covers 'dealing' which encompasses any exclusive right, not only reproduction; (2) Works — applies to literary, dramatic, musical or artistic works and adaptations, covering all major categories of works; (3) Users — is open to any person ('a fair dealing'), not restricted to individuals acting privately or to institutions. This maps to GREEN. Additional library/institutional exceptions exist (ss 49, 50, 51) but are less permissive (restricted to libraries/archives). The non-commercial nature of research is not a factor in classification. Section 40(2) provides guidance on what constitutes fair dealing (purpose, nature of work, amount copied, effect on market, availability at normal commercial price) but these are proportionality qualifiers that do not change the color.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purpose of research or study — open to any user, covers any dealing (any exclusive right), applies to all major work types.
Reproduction by libraries or archives for users — permits librarian/archivist to make copies for research or study purposes on behalf of a requesting person.
Reproduction by libraries or archives for other libraries or archives — inter-library supply of copies.
Reproduction of unpublished works in libraries or archives for research or study.
Law changes
Copyright Act 1968 (Cth), as applied to Christmas Island
Baseline · Effective 1969-05-01
100%
Relevant section: Sections 40, 49, 50, 51
Dates: Effective 1969-05-01 · Enacted 1968-06-27
Why this score
Christmas Island is an external territory of Australia. Under section 4 of the Copyright Act 1968 (Cth), the Act extends to each external Territory, which includes Christmas Island. The key research-relevant exception is section 40(1), which provides for fair dealing for the purpose of research or study. This exception: (1) Uses — covers 'dealing' which encompasses any exclusive right, not only reproduction; (2) Works — applies to literary, dramatic, musical or artistic works and adaptations, covering all major categories of works; (3) Users — is open to any person ('a fair dealing'), not restricted to individuals acting privately or to institutions. This maps to GREEN. Additional library/institutional exceptions exist (ss 49, 50, 51) but are less permissive (restricted to libraries/archives). The non-commercial nature of research is not a factor in classification. Section 40(2) provides guidance on what constitutes fair dealing (purpose, nature of work, amount copied, effect on market, availability at normal commercial price) but these are proportionality qualifiers that do not change the color.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purpose of research or study — open to any user, covers any dealing (any exclusive right), applies to all major work types.
Reproduction by libraries or archives for users — permits librarian/archivist to make copies for research or study purposes on behalf of a requesting person.
Reproduction by libraries or archives for other libraries or archives — inter-library supply of copies.
Reproduction of unpublished works in libraries or archives for research or study.
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 (Cth)
Relevant update · Effective 2001-03-04
100%
Relevant section: Sections 40, 49, 50, 51, 110A, 110B (as amended/inserted)
Dates: Effective 2001-03-04 · Enacted 2000-09-04
Why this score
The Copyright Amendment (Digital Agenda) Act 2000 came into force on 4 March 2001. It updated the Copyright Act 1968 to address digital technologies, including amendments to library copying provisions (ss 49, 50, 51) to permit electronic communication of copies in certain circumstances, and introduced provisions relating to communication to the public. Section 40(1) fair dealing for research or study remained in force and unchanged in substance. The overall classification remains GREEN because the general fair dealing exception under s 40 continues to cover any dealing (any exclusive right) with any major work type by any user for research or study purposes. The Digital Agenda amendments broadened library provisions but did not narrow the general fair dealing exception.
Exceptions considered
Fair dealing for research or study — unchanged, covers any dealing with literary, dramatic, musical or artistic works by any user.
Library/archive copying provisions updated to permit electronic communication of copies to users and other libraries.
Source links
Copyright Amendment Act 2006 (Cth)
Relevant update · Effective 2006-12-11
100%
Relevant section: Sections 40, 41A, 43C, 47J, 110AA (as amended/inserted)
Dates: Effective 2006-12-11 · Enacted 2006-12-11
Why this score
The Copyright Amendment Act 2006 (No. 158, 2006) introduced several new exceptions effective 11 December 2006, including: section 43C (private copying of literary, dramatic, musical or artistic works for personal/domestic use), section 47J (format-shifting of sound recordings), section 110AA (time-shifting of broadcasts), and section 41A (fair dealing for parody or satire). Section 40 fair dealing for research or study remained in force and unchanged in substance. The new private copying provisions (s 43C) are narrower than s 40 as they are restricted to personal/domestic use. The overall classification remains GREEN because s 40 continues to provide the most permissive exception: any dealing with any major work type by any user for research or study.
Exceptions considered
Fair dealing for research or study — unchanged, covers any dealing with literary, dramatic, musical or artistic works by any user.
Reproduction for private and domestic use — permits individual to make a copy of a work for private/domestic purposes. Narrower than s 40.
Fair dealing for parody or satire — not directly research-relevant.
Library/archive copying provisions — institutional exceptions for research.
Source links
Copyright Act 1968 (Cth), Compilation No. 64, as applied to Christmas Island
Current law confirmation · Effective 2024-12-11
100%
Relevant section: Sections 40, 49, 50, 51, 43C, 113P (Part IVA Division 3 — computational data analysis provisions if enacted)
Dates: Effective 2024-12-11
Why this score
As of the compilation dated 11 December 2024 (Compilation No. 64, including amendments through Act No. 115, 2024), the Copyright Act 1968 continues to apply to Christmas Island as an external territory of Australia under section 4. Section 40(1) remains the most permissive research-relevant exception. Analysis across three dimensions: (1) Uses — 'fair dealing' covers any exclusive right (reproduction, communication, adaptation, etc.), not only reproduction; (2) Works — applies to literary, dramatic, musical or artistic works and adaptations, covering all major categories; (3) Users — open to any person, not restricted to individuals or institutions. This maps to GREEN. Additional exceptions remain in force: library/archive provisions (ss 49-51, PURPLE), private/domestic copying (s 43C, LIGHT BLUE), and fair dealing for parody/satire (s 41A). None of these is more permissive than s 40 for research purposes. No specific TDM exception has been enacted in Australian copyright law as of this compilation. The proportionality factors in s 40(2) are classification-neutral. The non-commercial restriction is not present in s 40 — it applies to any research whether commercial or non-commercial.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purpose of research or study — any dealing, any user, all major work types.
Fair dealing with audio-visual items (sound recordings, films, broadcasts) for research or study — extends fair dealing to Part IV subject-matter.
Reproduction for private and domestic use of literary, dramatic, musical or artistic works — restricted to personal/domestic purposes.
Reproduction by officers of libraries or archives for users — permits making copies for persons requesting them for research or study.
Reproduction by libraries or archives for other libraries or archives.
Reproduction of unpublished works in libraries or archives for research or study.
Fair dealing for parody or satire — not directly research-relevant but noted for completeness.
Fair dealing for criticism or review — not directly research-relevant but noted.
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. (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.