May 2009

This information is for general guidance only; it is not legal advice.

Because of special exceptions in the Copyright Act (sections 41 and 103A), you can use copyright material for criticism or review provided:

• your use is “fair”, and

• you acknowledge the author and title of the work

The criticism or review may relate to the work being used or to other material. For example, television film reviewers may show clips from other films as well as the one they are reviewing, in making their criticism or review.

In a case involving the television program The Panel, the Federal Court said that “criticism and review” involves making a judgment of the material concerned, or of the underlying ideas. Criticism and review may be strongly expressed, and may be expressed humorously, and need not be balanced.

The exceptions can apply to criticism or review in a commercial context, such as in published books or newspapers or on commercial television.

However, the court emphasised that the use must be genuinely for criticism or review. The exceptions will not apply if the real purpose of the use is, for example, to make a profit, or to divert customers from a competitor by using the competitor's material.

More

• Copyright Act section 41
• Copyright Act section 103A
  
• other copyright topics