Unlocking IP 2006


'Fair dealing, digital technology and arguments from freedom of communication'

Melissa de Zwart, Senior Lecturer,
Law Faculty, Monash University

My paper considers the various justifications for a fair dealing defence in the context of digital technology.

In particular it will consider arguments in favour of justifying fair dealing as part of the public domain and also as part of protecting the broader 'public interest'.

I conclude that the most sound basis for retaining a defence of fair dealing is freedom of communication.

The discussion which explores the argument for and against the need for the defence considers issues which are central to understanding public rights of use and the nature of the public domain.