Selected year snapshot
For 1993, the active event in this file is Copyright Act 1968 (Cth), as applied to Heard Island and McDonald Islands via the Heard Island and McDonald Islands Act 1953.
100%
Current rationale
Heard Island and McDonald Islands is an Australian external territory. Under the Heard Island and McDonald Islands Act 1953, section 7 provides that Commonwealth Acts (including the Copyright Act 1968) apply to the territory. The Copyright Act 1968 section 40(1) provides a fair dealing exception for 'research or study' covering literary, dramatic, musical and artistic works. The term 'fair dealing' covers any exclusive right (not limited to reproduction). It is open to any user (not restricted to individuals acting privately, nor to institutions). It covers all categories of original works. This qualifies as GREEN: reproduction and other dealings with full works are permitted for research purposes, open to all users, covering all work types. Additional exceptions exist for library copying (ss 49–53) and reproduction for judicial proceedings (s 43), but s 40 is the most permissive. Non-commercial restrictions, proportionality qualifiers (the fairness factors in s 40(2)), and copy-number limits do not affect the color classification per the rules.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purpose of research or study. Open to any user, any original work type, covers any dealing (not limited to reproduction).
Library or archive may supply copy of article in periodical or part of published work to a person for research or study.
Library or archive may copy unpublished works for research or study purposes.
Library may copy published works for other libraries.
Law changes
Copyright Act 1968 (Cth), as applied to Heard Island and McDonald Islands via the Heard Island and McDonald Islands Act 1953
Baseline · Effective 1969-05-01
100%
Relevant section: Sections 40, 49, 50, 51, 53
Dates: Effective 1969-05-01 · Enacted 1968-06-27
Why this score
Heard Island and McDonald Islands is an Australian external territory. Under the Heard Island and McDonald Islands Act 1953, section 7 provides that Commonwealth Acts (including the Copyright Act 1968) apply to the territory. The Copyright Act 1968 section 40(1) provides a fair dealing exception for 'research or study' covering literary, dramatic, musical and artistic works. The term 'fair dealing' covers any exclusive right (not limited to reproduction). It is open to any user (not restricted to individuals acting privately, nor to institutions). It covers all categories of original works. This qualifies as GREEN: reproduction and other dealings with full works are permitted for research purposes, open to all users, covering all work types. Additional exceptions exist for library copying (ss 49–53) and reproduction for judicial proceedings (s 43), but s 40 is the most permissive. Non-commercial restrictions, proportionality qualifiers (the fairness factors in s 40(2)), and copy-number limits do not affect the color classification per the rules.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purpose of research or study. Open to any user, any original work type, covers any dealing (not limited to reproduction).
Library or archive may supply copy of article in periodical or part of published work to a person for research or study.
Library or archive may copy unpublished works for research or study purposes.
Library may copy published works for other libraries.
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 (Cth)
Relevant update · Effective 2006-12-11
100%
Relevant section: Section 40(1), new Section 40(1A), Section 41A
Dates: Effective 2006-12-11 · Enacted 2006-12-11
Why this score
The Copyright Amendment Act 2006 (Cth), which came into force on 11 December 2006, amended the fair dealing provisions. Section 40 was restructured but the core fair dealing for research or study exception was preserved and arguably broadened. A new section 41A was added for fair dealing for the purpose of parody or satire. The research/study fair dealing exception in s 40 remained open to any user, any original work type, and covered any dealing. The classification remains GREEN. The 2006 amendments also introduced a new Part IVA Division 4A regarding time-shifting and format-shifting for private use, but these are less permissive than the existing s 40 fair dealing exception. The overall classification remains GREEN because s 40 fair dealing for research or study is still the most permissive exception.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purpose of research or study. Remains open to any user, any original work type, covers any dealing.
Fair dealing for the purpose of parody or satire (new in 2006). Not specifically research-related.
Library copying provisions for research or study, substantially unchanged.
Format-shifting for private use. Restricted to private/personal use by individuals.
Source links
Copyright Act 1968 (Cth), as amended, applied to Heard Island and McDonald Islands via the Heard Island and McDonald Islands Act 1953
Current law confirmation · Effective 2025-01-01
100%
Relevant section: Section 40(1), Sections 49-51A, Section 113P (TDM-related provisions not yet enacted as of 2025)
Dates: Effective 2025-01-01
Why this score
As of 2025, the Copyright Act 1968 (Cth) continues to apply to Heard Island and McDonald Islands under the Heard Island and McDonald Islands Act 1953, section 7. The most permissive research-relevant exception remains section 40(1): fair dealing for the purpose of research or study. This exception covers any user (not restricted to individuals or institutions), any original work type (literary, dramatic, musical, artistic works and adaptations), and any dealing (the term 'dealing' is not limited to reproduction — it covers any exclusive right). This satisfies GREEN: full-work reproduction AND sharing/communication are permitted for research purposes, without restricting the beneficiary class. Additional exceptions include library copying provisions (ss 49-51A) which are institutional (PURPLE individually) and various private-use provisions which are more restrictive. No specific TDM exception has been enacted in Australia as of early 2025, though proposals have been discussed. The fair dealing exception in s 40 would potentially cover TDM for research purposes. Classification-neutral factors (non-commercial purpose considerations in s 40(2), copy limits, lawful access requirements) were not factored into the color decision.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work, or adaptation, for the purpose of research or study. Open to any user, any original work type, covers any dealing.
Fair dealing with an audiovisual item for the purpose of research or study (added by 2006 amendments, extending fair dealing to Part IV subject matter).
Reproduction by libraries or archives for users for research or study. Institutional restriction.
Reproduction by libraries or archives of unpublished works in their collections for research or study.
Reproduction by libraries or archives for preservation and other purposes.
Fair dealing for the purpose of criticism or review.
Fair dealing for the purpose of parody or satire.
Format-shifting of books, newspapers, periodical publications for private use.
Original text
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.