What can be categorized as the 'reporting of news'?
In considering whether a work has been used for the purpose of reporting news, it will be important to consider whether the main purpose for the use of the work was for the purpose of reporting news, or associated with, reporting news. If it seems that the primary purpose for the use of the work is something other than reporting news, then it will probably fall outside the exception.
The Courts have held that the reporting of news:
includes the reporting of recent events and can extend to information relating to past events not previously known;
is not restricted to the reporting of recent events, provided there is a genuine news component;
can relate to long term reviews or commentary.
“It’s not a copyright infringement, I’m reporting the news!”
https://www.artslaw.com.au/articles/entry/its-not-a-copyright-infringement-im-reporting-the-news/
- The Case for Fair Use in Australia
https://www.alrc.gov.au/publications/4-case-fair-use-australia/what-fair-use
Fair Use and News Reporting – A Fair Use Week Post
Fair Use and News Reporting
Guest post by Leigh Barnwell (J.D. Candidate, Class of 2015, Harvard Law School)
http://etseq.law.harvard.edu/2015/02/fair-use-and-news-reporting-a-fair-use-week-post/