Copyright Agency Limited v The University of Adelaide

The Copyright Agency Limited (CAL) brought proceedings against The University of Adelaide concerning the University's alleged infringement of copyright in certain literary and artistic works. The dispute centred on the University's practice of making copies of published works for educational purposes, which CAL contended constituted unauthorised use of its members' copyrighted material. The matter was heard in the High Court of Australia.

The High Court was required to determine whether the University's actions in making and providing copies of works to students for educational purposes fell within the scope of the statutory exceptions to copyright infringement, specifically the provisions relating to fair dealing for the purpose of research or study, and the exceptions for educational institutions. The Court also had to consider the interpretation and application of the Copyright Act 1968 (Cth) in relation to the copying of works for use in teaching.

The Court analysed the concept of "fair dealing" and the requirements for a dealing to be considered fair, taking into account factors such as the purpose and character of the dealing, the nature of the work, the amount and substantiality of the portion used, and the effect of the dealing upon the potential market for the work. It also examined the specific provisions of the Copyright Act that permit educational institutions to make copies of works for educational purposes, considering the limitations and conditions attached to these exceptions. The High Court ultimately found that the University's practices, as described, did not satisfy the requirements of the relevant statutory exceptions, and therefore constituted copyright infringement.