Law note · Australia
De Garis v Neville Jeffress Pidler Pty Ltd
cite (1990) 37 FCR 99
stage IN FORCE in force since 1990-07-06
Justice Beaumont held that a press-clipping/media-monitoring service that reproduced newspaper articles for commercial clients could not rely on the s 42 fair-dealing exception for news reporting, because the relevant purpose is the defendant's own purpose rather than its customers'.
The decision establishes that news aggregators and redistributors must obtain licences; De Garis has not been overruled and remains the leading Australian authority on third-party limits to the news-reporting fair-dealing defence.
Primary source: https://classic.austlii.edu.au/au/journals/CommsLawB/1990/36.pdf