[Air-L] Swinburne Design Perspectives Lectures now available online

[Dan L. Burk]

> In some cases, we only have audio. I regret this, but our legal department
> informs us that we can't broadcast or publish some images without
> copyright clearance from the original copyright holder. An image that may
> be used for an education lecture in a single classroom or lecture hall
> falls within fair use provisions of the copyright act, while making it
> accessible online falls under those aspects of copyright law governing
> broadcasting and publishing.

Er -- no.  Unless they have drastically amended the Aussie copyright
statute and I missed it (which is not impossible, but somewhat unlikely)
you don't have fair use provisions at all.

As far as I know, the only countries with fair use are the United States,
and now, since a couple of years ago, Isreal.

Which is probably why your legal department is telling you what they told
you.  You probably *do* have statutory exceptions along the lines of "fair
dealing" that function as you describe (certainly the United States does,
in addition to fair use).

DLB


-- 
School of Law
University of California, Irvine
4500 Berkeley Place
Irvine, CA  92697-8000
Voice: (949) 824-9325
Fax: (949)824-7336
bits: dburk at uci.edu