The novel as social satire: 60 years later, the wind done gone and the limitations of fair use Thampapillai, Dilan 2013, The novel as social satire: 60 years later, the wind done gone and the limitations of fair use, Deakin law review, vol. 17, no. 2, pp. 425-452. Attached Files Name Description MIMEType Size Downloads Title The novel as social satire: 60 years later, the wind done gone and the limitations of fair use Author(s) Thampapillai, Dilan Journal name Deakin law review Volume number 17 Issue number 2 Start page 425 End page 452 Total pages 28 Publisher Deakin University School of Law Place of publication Burwood, Vic. Publication date 2013 ISSN 1321-3660 Keyword(s) copyright law Australia parody fair use literary re-writes Summary The absence of the doctrine of fair use from Australian copyright law has been a bone of contention in Australia after the Australia-United States Free Trade Agreement (FTA). As the Australian government reformed the Copyright Act 1968 (Cth) in the aftermath of the FTA it eschewed the option of adopting fair use. Instead, Australia chose to incorporate a version of fair use into its existing fair dealing framework. Accordingly, the Copyright Amendment Act 2006 (Cth) inserted ss 41A and 103AA into the Copyright Act. These provisions provide that a fair dealing with a copyright protected work does not constitute an infringement if it is done for the purposes of parody or satire. These provisions codify part of the ratio of the United States Supreme Court in the seminal case of Campbell v Acuff Rose Music. However, the parameters of these new provisions are unexplored and the sparse nature of fair dealing jurisprudence means that the true meaning of the provisions is unclear. Moreover, two cases from the United States, SunTrust Bank v Houghton Mifflin and Salinger v Colting, underline just how important it is to have legal rules that protect literary ‘re-writes’. Both cases involved authors using an original novel to ‘write back’ to the original author and the broader culture. ‘Writing back’ or the ‘re-write’ has a firm basis in literature. It adds something invaluable to our culture. The key question is whether our legal landscape can allow it to flourish. This paper examines the interaction between fair use and literary re-writes. Language eng Field of Research 180115 Intellectual Property Law Socio Economic Objective 940405 Law Reform HERDC Research category C1 Refereed article in a scholarly journal Persistent URL http://hdl.handle.net/10536/DRO/DU:30054084 Document type: Journal Article Collection: Law Related Links Link Description Connect to published version (restricted access) Go to link with your DU access privileges     Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved. Versions Version Filter Type Wed, 17 Jul 2013, 15:04:22 EST Wed, 17 Jul 2013, 15:54:31 EST Thu, 18 Jul 2013, 08:38:24 EST Thu, 18 Jul 2013, 08:40:45 EST Thu, 18 Jul 2013, 08:45:47 EST Filtered Full Citation counts:   Cited 0 times in TR Web of Science Cited 0 times in Scopus Search Google Scholar Access Statistics: 96 Abstract Views, 5 File Downloads  -  Detailed Statistics Created: Wed, 17 Jul 2013, 15:04:09 EST by Aysun Alpyurek

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