May 2009

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

Because of special exceptions in the Copyright Act (sections 42 and 103B), you can use copyright material to report news provided:

• you acknowledge the author and title of the work, and
• the use is "fair".
  

The news can be reported in a newspaper or magazine,  or in a broadcast. 

Using music in news reports is not covered, unless the playing of the music is part of the news being reported. (The use of music and sound recordings in this context is usually covered by broadcasters’ licences from APRA and PPCA: see further our Copyright collecting societies information sheet).

The Federal Court has held that “news” is not restricted to current events. For example, old material, or footage that was never related to a current event, may be relevant to current news events. Alternatively, under this provision investigative journalists may be able to use copyright material they have discovered that relates to past events.

The crucial element in determining whether the exception applies seems to be whether the primary purpose is to report or comment on news. Although courts have held that reporting news may involve the use of humour, it seems that where a court considers the purpose of using the material is primarily to entertain, the presence of newsworthy issues is not sufficient to make the use a fair dealing.

More

• Copyright Act section 42
• Copyright Act section 103B
• other copyright topics