What are some differences between Fair Use (US copyright law) and Fair Dealing (Australian copyright law)?

Unlike Australia’s Fair Dealing copyright law, the US Fair Use law is distinguishable by its lack of prescribed categories of use and instead uses four factors of statutory fairness; these factors must be balanced to determine the use of the copyright material and if it is ‘fair’ to use (Munsie & Koh, 2020).

The below table explores the differences and similarities in simple form, for later references:

 

US Fair Use	>Similarities<	AUS Fair Dealing
·      Illustrative purpose includes comment and scholarship. ·      Statutory fairness includes commercial use.	·      Purpose and character of use. ·      Nature of work. ·      Amount and substantially of part/portion used. ·      Market/value effects. ·      Criticism/review*. ·      News reporting*. ·      Teaching and education*. ·      Research*.   *Only under Illustrative purposes for USA.	·      Prescribed purposes include disability access, parody and satire and professional advice ·      Nature of adaptation is included with nature of work.

(Department of Arts, 2018).

References:

Department of Communication and Arts (March 2018). Figure 4: A comparison of fair use and fair dealing. https://www.infrastructure.gov.au/have-your-say/copyright-modernisation-consultation

Munsie, J., & Koh, T. (2020, January 6). Fair use or fair dealing? Where are we now? Addisons. https://addisons.com/knowledge/insights/fair-use-or-fair-dealing-where-are-we-now/