VALA2008 Session 8 Hudson

VALA2008 Invited PaperAustralia’s new flexible copyright exception: open-ended in name only?

VALA 2008 CONCURRENT SESSION 8: Intellectual Property
Wednesday 6 February 2008 15:10 – 15:40
Persistent URL:

Emily Hudson

Senior Fellow, The University of Melbourne Law School

Please tag your comments, tweets, and blob posts about this session: #VALA2008

View Paper [Not available]


Almost a year after its introduction, many questions remain about the scope and interpretation of section 200AB of the Copyright Act 1968: the new ‘flexible’ exception for educational and cultural institutions. Unlike existing exceptions, section 200AB is drafted using a more open-ended approach, and may therefore apply to a range of activities undertaken for administrative, preservation and access purposes. But how open-ended will the exception be in practice? This presentation discusses this question, including with reference to preliminary results of a PhD project considering cultural institution law and practice in the United States and Canada, which may help identify important lessons for Australia.