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Vol 13 No 2 - June 2008

The reasonableness exception to infringement of the right to integrity in copyright law: Part 2
Dennis Lim

This two-part article examines the reasonableness exception to infringement of the right of integrity of authors and performers that exists in the Copyright Act 1968 (Cth). The right of integrity is infringed when a derogatory treatment occurs in respect of an author’s work or a performer’s performance. According to the reasonableness exception, a derogatory treatment does not infringe the right of integrity in the work or performance if it was ‘reasonable in all the circumstances’ to subject it to the derogatory treatment. The meaning of the word ‘reasonable’ is inherently uncertain, and little guidance on the application of the reasonableness exception exists. No court has applied the reasonableness exception in a right of integrity case yet. This article seeks to improve understanding of the reasonableness exception, in two parts. Part 1 of this article has ascertained the nature of the exception, and interpreted and provided guidance on two important statutory factors to be considered in determining reasonableness. Part 2 of this article interprets and provides guidance on the remaining statutory factors to be considered in determining reasonableness, and assesses the effectiveness of the exception. Overall, this article establishes that (1) a good understanding of the statutory factors provides valuable assistance on the application of the open-ended reasonableness exception, and (2) the exception is effective on the whole if courts interpret and apply it properly.

Full text versions of articles are available from LexisNexis online.

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