Fair dealing means you can legally use copyright material only in certain situations.
These are:
1. Research or Study
e.g. analysing song lyrics for a school project.
2. Criticism or review
e.g. making a reaction video to a new album.
3. News Reporting
e.g. a news segment playing a short clip of a song, if the news is about the song.
4. Parody or satire
e.g. using a song to make fun of a political situation.
5. Giving Legal advice
Probably not your main concern, but it’s on the list!
If your use doesn’t fit into one of these categories, you most likely need permission or you risk infringing copyright.
CLIVE PALMER & TWISTED SISTER
Clive Palmer used Twisted Sister’s song We’re Not Gonna Take It for his version Aussies Not Gonna Cop It in political ads.
Palmer claimed it was a parody, and therefore fair dealing.
The Federal Court disagreed. They found it was not a genuine parody, but rather political advertising exploiting a famous song to grab attention.
FAIR DEALING VS FAIR USE?
You might see “Fair Use”
That’s a US law — it doesn’t apply in Australia.
Here, it’s called...Fair Dealing
Do Your research
Even if you think your use is allowed.... do your research
Both of these organisations offer excellent online resources and fact sheets on copyright.
