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Thursday, 4 May 1989
Page: 1761

Senator TATE (Minister for Justice)(11.01) —As the Committee knows, there is a fair dealing for criticism and review in relation to audiovisual copying. As for the question of the single photograph, I am not sure that I can provide a straightforward answer at the moment. I am advised that section 40 of the present Act would allow fair dealing with a single photograph or a small item such as that. Section 40 (1) states:

A fair dealing with . . . artistic work . . . for the purpose of research or study does not constitute an infringement of the copyright in the work.

Section 40 (1) of the Act should cover that situation.