Disability Exceptions under Australian Copyright and Moral Rights Law

This chapter explores the Australian copyright and moral rights landscape governing three-dimensional (3D) reproductions of two-dimensional (2D) art. The investigation is timely, because the Copyright Amendment Act 2017 introduced new disability access exceptions to the Copyright Act 1968. The chapter explains the new provisions, with a particular focus on their application to 3D-printed reproductions of artistic works. The application of these new disability exceptions to 3D reproductions of artistic works may be unclear, particularly due to the multiplicity of actors involved in the 3D reproduction process, and the heavy focus on access to literary works that underscored the Marrakesh Treaty. Australia has a poorly developed jurisprudence on the fairness component within the fair dealing analysis, including the statutory factors. Technological flux and the innovation in 3D printing technology make it challenging to identify and track the copyright owner’s legitimate potential market.