Selected year snapshot
For 2025, the active event in this file is Copyright Act 1968 (Cth) (as currently in force).
100%
Current rationale
As of 2025, the Copyright Act 1968 (Cth) continues to apply to the Cocos (Keeling) Islands via s 4. Section 40 remains the most permissive research-relevant exception. It provides fair dealing for the purpose of research or study, covering any 'dealing' (which encompasses any exclusive right, not only reproduction) with literary, dramatic, musical or artistic works. It is open to any user — there is no restriction to private/personal use, nor to institutions. The fairness factors in s 40(2) are proportionality qualifiers that do not change the color classification. No TDM-specific exception has been enacted in Australian copyright law as of 2025. The library/archive exceptions (ss 49, 50, 51, 51A, 200AB) remain in force but are less permissive than s 40. Classification-neutral factors (the fairness test, non-commercial considerations in s 200AB) were not factored into the color decision. Australia has not enacted a standalone TDM exception; however, fair dealing for research under s 40 may cover TDM activities as a form of research. The classification is GREEN.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purpose of research or study — open to any user, covers any dealing (any exclusive right), applies to literary/dramatic/musical/artistic works and adaptations.
Reproduction by libraries or archives for users — supply of copies of articles or reasonable portions of works for research or study.
Reproduction by libraries or archives for other libraries or archives.
Reproduction of unpublished works in libraries or archives for research or study.
Reproduction for purpose of judicial proceedings or professional advice.
Flexible exception for libraries, archives, educational institutions — use subject to three-step test, not for commercial advantage.
Law changes
Copyright Act 1968 (Cth)
Baseline · Effective 1990-01-01
100%
Relevant section: Sections 40, 49, 50, 51, 51A
Dates: Effective 1990-01-01 · Enacted 1968-06-27
Why this score
The Cocos (Keeling) Islands are an Australian external territory. Section 4 of the Copyright Act 1968 (Cth) extends the Act to all external territories. The Copyright Act 1968 was in force on 1990-01-01 and applied to the Cocos (Keeling) Islands. Section 40 provides a fair dealing exception for the purpose of research or study. The term 'dealing' covers any exclusive right (not only reproduction), and it is open to any user (not restricted to individuals acting privately or to institutions). It covers literary, dramatic, musical and artistic works. This qualifies as GREEN: full works may be dealt with (including reproduction and communication) for research or study by any user. Additional exceptions for libraries (ss 49, 50, 51, 51A) also exist but are less permissive (institutional). The non-commercial restriction is not present in s 40 itself. Classification-neutral factors (proportionality qualifiers in s 40(2) regarding fairness) do not change the color.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purpose of research or study — open to any user, covers any dealing (any exclusive right), applies to all literary/dramatic/musical/artistic works.
Reproduction by libraries or archives for users — permits supply of copies of articles or parts of works for research or study, restricted to libraries/archives.
Reproduction by libraries or archives for other libraries or archives.
Reproduction of unpublished works in libraries or archives for research or study.
Reproduction for purpose of judicial proceedings or professional advice.
Fair dealing for purpose of criticism or review.
Original text
40 Fair dealing for purpose of research or study (1) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for the purpose of research or study does not constitute an infringement of the copyright in the work.
Source links
Copyright Amendment Act 2006 (Cth)
Relevant update · Effective 2007-01-01
100%
Relevant section: Sections 40(1A), 40(5), 43C, 47J, 113E, 113F, 200AB
Dates: Effective 2007-01-01 · Enacted 2006-12-11
Why this score
The Copyright Amendment Act 2006 introduced several changes effective 1 January 2007. Section 200AB added a flexible exception for libraries, archives, educational institutions, and persons with a disability, based on a three-step test. It also introduced new format-shifting and time-shifting provisions. However, the core Section 40 fair dealing for research or study remained unchanged and continues to be the most permissive exception. Section 40 still covers any dealing (any exclusive right) with literary, dramatic, musical or artistic works for research or study, open to any user. The addition of s 200AB provides an additional institutional exception but does not change the overall GREEN classification. The new s 43C (fair dealing for parody/satire) is not directly research-relevant but noted. Classification remains GREEN based on s 40.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purpose of research or study — unchanged, open to any user, any dealing, all literary/dramatic/musical/artistic works.
Flexible exception for libraries, archives, educational institutions — use must not conflict with normal exploitation, not for commercial advantage, subject to three-step test.
Reproduction by libraries or archives for users for research or study.
Reproduction by libraries or archives for other libraries or archives.
Reproduction for judicial proceedings or professional advice.
Original text
200AB Use of copyright material for certain purposes (1) The copyright in a work or other subject-matter is not infringed by a use of the work or other subject-matter if: (a) the use is made by or on behalf of the body administering a library or archives; and (b) the use is made for the purpose of maintaining or operating the library or archives (including operating the library or archives to provide services of a kind usually provided by a library or archives); and (c) the use is not partly for the purpose of the body obtaining a commercial advantage or profit; and (d) the use does not conflict with a normal exploitation of the work or other subject-matter; and (e) the use does not unreasonably prejudice the legitimate interests of the owner of the copyright.
Source links
Copyright Act 1968 (Cth) (as currently in force)
Current law confirmation · Effective 2025-01-01
100%
Relevant section: Sections 40, 49, 50, 51, 51A, 200AB
Dates: Effective 2025-01-01
Why this score
As of 2025, the Copyright Act 1968 (Cth) continues to apply to the Cocos (Keeling) Islands via s 4. Section 40 remains the most permissive research-relevant exception. It provides fair dealing for the purpose of research or study, covering any 'dealing' (which encompasses any exclusive right, not only reproduction) with literary, dramatic, musical or artistic works. It is open to any user — there is no restriction to private/personal use, nor to institutions. The fairness factors in s 40(2) are proportionality qualifiers that do not change the color classification. No TDM-specific exception has been enacted in Australian copyright law as of 2025. The library/archive exceptions (ss 49, 50, 51, 51A, 200AB) remain in force but are less permissive than s 40. Classification-neutral factors (the fairness test, non-commercial considerations in s 200AB) were not factored into the color decision. Australia has not enacted a standalone TDM exception; however, fair dealing for research under s 40 may cover TDM activities as a form of research. The classification is GREEN.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purpose of research or study — open to any user, covers any dealing (any exclusive right), applies to literary/dramatic/musical/artistic works and adaptations.
Reproduction by libraries or archives for users — supply of copies of articles or reasonable portions of works for research or study.
Reproduction by libraries or archives for other libraries or archives.
Reproduction of unpublished works in libraries or archives for research or study.
Reproduction for purpose of judicial proceedings or professional advice.
Flexible exception for libraries, archives, educational institutions — use subject to three-step test, not for commercial advantage.
Original text
40 Fair dealing for purpose of research or study (1) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for the purpose of research or study does not constitute an infringement of the copyright in the work. (2) For the purposes of this Act, the matters to which regard shall be had, in determining whether a dealing with a literary, dramatic, musical or artistic work or with an adaptation of a literary, dramatic or musical work, being a dealing by way of reproducing the whole or a part of the work or adaptation, constitutes a fair dealing with the work or adaptation for the purpose of research or study include: (a) the purpose and character of the dealing; (b) the nature of the work or adaptation; (c) the possibility of obtaining the work or adaptation within a reasonable time at an ordinary commercial price; (d) the effect of the dealing upon the potential market for, or value of, the work or adaptation; and (e) in a case where part only of the work or adaptation is reproduced—the amount and substantiality of the part copied taken in relation to the whole work or adaptation.