Contributors and arguments in Australian policy debates on fair use and copyright : The missing discussion of the creative process

A discourse analysis of 350 submissions to two Australian governmental inquiries on introducing fair use to Australian copyright law demonstrates the importance of independent research and expertise in policy debates, but the scarcity of creator voices and attention to the creative process. The absence points to the need for more scholarly research that can transcend stakeholder positions. This analysis of a public policy discussion, held in two Australian governmental venues, explores the terms of discussion of an increasingly important aspect of copyright policy: copyright exceptions and limitations, or user rights. Copyright is a policy fundamental to conditioning the terms of cultural creation, transmission, and preservation. Australia has recently undergone a thorough, society-wide, open discussion of the value of different approaches to incorporating fair use. Australia has a thriving cultural sector and tech sector, for both of which fair use is a highly relevant issue. How Australians have discussed the value of fair use, and what they have not addressed is relevant to debate about user rights internationally.