A Real Pea Souper: The Panel Case and the Development of the Fair Dealing Defences to Copyright Infringement in Australia

Abstract

[The majority of commentary on the Federal Court decisions in The Panel Case has focused on the findings as to infringement of copyright in television broadcasts. By comparison, the judges’ consideration of the fair dealing defences to copyright infringement has been somewhat neglected. This article suggests that the Federal Court passed up a rare and valuable opportunity to clarify the operation of the fair dealing defences in Australian copyright law. It failed to articulate sound principles, which in turn led to anomalous and problematic outcomes in The Panel Case. The article provides a close analysis of the treatment of the fair dealing defences in The Panel Case as well as suggesting a basis for the future principled development of the fair dealing defences in Australian law.]

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