Volume 9 Issue 1

Fair is foul and foul is fair: from analogue to digital fair dealing

Michael Fraser *

Our current copyright laws cannot be applied to new technologies and methods of reproduction. The current rules do not provide adequate protection for digital works, and further, probably do not fulfil Australia’s international obligations under the Berne Convention.

This problem can be solved, and the author suggests the following possible solutions: implementation of a system of voluntary licensing; statutory licensing; imposition of a levy on copying equipment; simplification of the fair dealing provisions; and digital copyright management. Methods of digital copyright management include encryption, digital signatures, secure co-processors, software/hardware access controls and smart cards.