Blake Dawson Waldron - Court clarifies application of fair dealing defence under the Copyright Act & its application to moral rights

Court clarifies application of fair dealing defence under the Copyright Act & its application to moral rights - Marlia Saunders, Lawyer reports on Ogawa v Spender  [2006] FCAFC 68:

    • “The Full Court considered whether the absence of a moral rights provision in the Copyright Act 1968 akin to section 43, which provides a defence to infringement of copyright in relation to anything done for the purposes of a judicial proceedings, means that judges are not immune from suit in relation to moral rights proceedings”
    • The Court held that section 43 does not reflect the judicial immunity doctrine but rather is directed to litigants and practitioners who use copyright material in the course of proceedings”

Link to Blake Dawson Waldron article


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