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Thursday, 4 May 1989
Page: 1764

Senator TATE (Minister for Justice)(11.21) —I am advised that if honourable senators had a look at section 103a they might find some scope there for a fair dealing with an audiovisual item. The section states:

A fair dealing with an audiovisual item does not constitute an infringement of the copyright in the item or in any work or other audiovisual item included in the item if it is for the purpose of criticism or review . . .

It is suggested by my advisers that in relation to the sort of situation which Senator Hill had in mind where matters are brought in to a tutorial group and thrown up on the screen for the purposes of criticism and discussion of that particular item, then that might indeed provide a dealing which did not infringe copyright. As I say, the main argument is that with the type of material we are dealing with-the audiovisual material and the copying of whole works which otherwise should be remunerated in order to benefit the producers, the authors, the creators of those particular works the potential for abuse is such that we do not believe that Senator Hill's amendment ought to be carried because it goes against the whole aim to ensure that those who produce these works receive a fair remuneration for their effort and endeavour.