Potential use under the fair dealing exceptions in the Copyright Act

The fair dealing exceptions in the Copyright Act 1968 may allow for certain uses of copyright materials with genAI tools, with a large caveat. That being, fair dealing is less likely to apply where copyright materials are used with platforms that treat prompts as training data. Therefore use under fair dealing could be limited to platforms with 'closed' / enterprise access such as the University’s access to Microsoft Copilot that includes data security.

Fair dealing for ‘research or study’

Students may be covered under this exception where they use copyright materials with genAI as part of their own study activities. Where students are directed to use copyright materials with genAI as part of coursework or assessments, the educational statutory licence may apply instead, as detailed in the accordion directly above (this distinction is still to be confirmed with the Copyright Agency). Either way, there will be a limit on how much material can be used.

It could be harder to justify certain staff uses under ‘research or study’, as this exception can be limited in terms of how staff would likely need to use/share potential outputs.

Fair dealing for ‘criticism or review’ and ‘parody or satire’

These fair dealing exceptions may be applicable for certain uses with genAI. ‘Criticism or review’ may have teaching or research applications, depending on the potential use. Use under ‘Parody or satire’ may be limited due to the definitions of the terms involved.

Have a question? Contact the Copyright Advisor