What kind of works are NOT covered by the 'fair dealing' defence?

The 'fair dealing' defence relates to certain categories of works that are protected under copyright law, allowing limited use without permission in specific circumstances, such as criticism, review, or news reporting. While written materials and broadcast content may fall under fair dealing if the use meets the legal criteria, photographs present unique challenges.

Photographs are often not included under the same fair dealing provisions as other forms of works due to their specific nature and the way copyright is applied to them. For instance, using a photograph may more easily infringe on the rights of the copyright holder compared to using written excerpts or content from broadcasts. Fair dealing can provide a defence for certain uses of written and broadcast material like quoting or discussing ideas, but photographs often require explicit permission for reproduction or public display, making them a less straightforward case for fair dealing.

Thus, while written materials and broadcast materials can often be used under fair dealing guidelines when conditions are met, photographs are typically governed by stricter copyright regulations, making them the category not adequately covered by the 'fair dealing' defence.