QLD Fair Dealing Period - Newsworthy

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CSP

Member
16 December 2020
1
0
1
Under S42 Copyright Act there is the Fair Dealing Defence. Part of this defence is News. What is a reasonable effluxion of time when the item can no longer be considered as News and loses protection of S42 defence
Where can I find Case Law in relation to S42 Fair Dealing. Has there been a ruling in regard to a relevant time period in regard to online publication by the media justifying its breach of copyright using S42?
Does an item lose its "newsworthiness" after 1 week, 2 weeks, 3 weeks .... subject to the nature of the subject matter?
Should Media remove digital content and social media content when it can no longer be considered as News when they are relying on S42 Fair Dealing as their defence.
If Media organisations fail to remove content from social media, when it has lost its status as News, then are they liable to pay a licence fee for the use of copyright material to the copyright owner for ongoing publication?
Thanks, Chris
 

Docupedia

Well-Known Member
7 October 2020
378
54
794
Here's one way to look for case law that may be a good starting point for you.

Go to austlii.edu.au, navigate to the Act and then to the relevant section (in your case - COPYRIGHT ACT 1968 - SECT 42 Fair dealing for purpose of reporting news) .

On the right hand side of the screen you'll see 'CITED BY NoteUp reference'. Click on that link and it will bring up a list of cases referring to that section.