(Cth) Allow the Sharing of Repair Information Within Copyright Law

Natalie Smith, Alex Goode, Sharon George, Romy Gunn, Nerida Munzenberger, Melody Su, Ruby Martin & Najiha Rashid
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Author: Natalie Smith, Alex Goode, Sharon George, Romy Gunn, Nerida Munzenberger, Melody Su, Ruby Martin & Najiha Rashid | Publish date: 13/2/2026

P: Copyright law may be used by a copyright owner to prevent the use and dissemination of repair information and supplies needed to service consumer products.
S: The Attorney General should amend Part III, Division 3 and Part IV, Division 6 of the Copyright Act 1968 (Cth) to insert a new ‘fair dealing exception’ permitting the reproduction and sharing of repair information and supplies for the purpose of diagnosing, maintaining, or restoring products to working order.

Problem Identification:

Division 3 of Part III and Division 6 of Part IV of the Copyright Act 1968 (Cth) list specific exceptions from copyright law, called ‘fair dealing exceptions’. These exceptions permit the use of copyright-protected works and subject matter other than works, without permission from copyright owners. Fair dealing exceptions include material reproduced for the purposes of research, news reporting, review or satire. However, there is no fair dealing exception for repair or maintenance materials, or supplies for consumer products. Examples include ‘consumer electronics’, as well as ‘agricultural machinery, motor vehicles, domestic appliances and prestige watches.’

According to the Australian Productivity Commission (APC), these restrictions mean ‘repairs of consumer products are becoming progressively more difficult ... resulting in costly and wasteful outcomes’. Thus, it is known that manufacturers may use the Copyright Act 1968 (Cth) to restrict consumers' and third-party repairers' access to information and supplies needed to repair and maintain consumer products.

Context:

Repair information and supplies refer to technical resources, repair manuals, technical specifications and diagnostic software needed to conduct repairs and maintenance.

In a 2012 legal case, laptop manufacturer Toshiba ‘enforced their exclusive intellectual property rights with respect to repair information’, restricting the publication of repair manuals.

Arguments:

According to Dr Kayleen Manwaring, a consumer law and policy expert, limited access to repair information has contributed to an increase in electronic waste (e-waste) pollution. Global Voices fellow, Lilia Dekhil, stated that repairs are often ‘inaccessible or discouraged’, meaning ‘repair rates remain low, contributing to the growing e-waste crisis.’ World Wildlife Fund Australia found that ‘Australia produces 554 kilotonnes of e-waste each year’. They reported that around 2.5 million household appliances and 88% of new computers and televisions are discarded annually. Leanne Wiseman, professor of intellectual property law, stated that an inability to ‘access repair or service information is having a significant impact on not only the Australian economy but also its environmental future.’

According to open-source e-commerce platform iFixit, when relevant repair information is not provided, consumers may face higher prices. They stated that ‘manufacturers’ authorized repair services often charge higher prices than independent repairers for the same repairs.’ The APC highlighted that some iPhone screen repairs ‘cost $249 from an authorised Apple repairer’, as opposed to ‘$110–139 from an independent repairer’. The Australian Competition and Consumer Commission have further argued that manufacturers can ‘insulate themselves from competition’ by withholding repair information. Similarly, they stated this may expose consumers to ‘higher repair costs’.

According to Dr Kayleen Manwaring, the ‘ability to limit an eObject’s repairability and availability of repair materials’ can ‘tightly [limit] consumer autonomy.’ Kariyawasam and Subburaj, consumer law and intellectual property scholars, have suggested that the ‘consumer’s autonomy should hinge on the legitimate expectation that, on legal purchase (of copyrighted material), they would exercise ownership of it.’ They further argued that owners of products ‘should enjoy the right to use … their property’, including gaining ‘the right to renew or repair’.

The APC report found that manufacturers justified limits to repair information ‘as a way to safeguard against risks from poor-quality repair’. However, the APC determined that these risks were ‘overstated’, and increased access to repair information could be achieved ‘without compromising public safety or discouraging innovation.’

Advice/Solution Identification:

The APC called for a new fair dealing exception to permit the reproduction and sharing of repair information and supplies. They stated this could help to give consumers and ‘independent repairers greater access to repair supplies, and increase competition for repair services’. Further, researchers from Griffith University suggested access to ‘crucial repair and service information’ could help to ‘ensure that the products remain in use for longer and that they do not end up in landfill.’

Precedent:

There is domestic and international precedent for allowing exceptions for repair information and supplies in copyright law. Domestically, the Mandatory Scheme for the Sharing of Motor Vehicle Service and Repair Information (implemented in 2022) requires manufacturers to provide independent repairers with access to service and diagnostic information. Further, in the USA, a general fair use exception has included ‘diagnosis, repair, and maintenance activities’.

Public Support:

Productivity Commission
The Law Council of Australia
Professor Leanne Wiseman and Professor Kanchana Kariyawasam
The Australian Industry Group
Professor Matthew Rimmer
Associate Professor Dr Kayleen Manwaring (see Acknowledgments)

This list reflects publicly stated positions and should not necessarily be taken as endorsement of this specific brief.

News Coverage:

ABC News - “Right to repair changes floated as frustrated farmers count cost of harvest delays”. The article reported that the Federal Competition Minister promised action on 'right to repair' laws after farmers and mechanics expressed their frustrations over costly delays and lack of access to diagnostic software for modern machinery. By: Meg Fergusson, Annie Brown and Warwick Long | 13 Mar 2023 - Read the article here.
GoAutoNews - “R2R recognised as major reform”. The Australian Automotive Aftermarket Association (AAAA) reported significant productivity gains and increased sector turnover since the introduction of the 2022 Right to Repair law for motor vehicles, urging the model's extension to sectors like agriculture. By: Neil Dowling | 28 Oct 2025 - Read the article here.
SBS News - “The volunteers helping to fix your broken household items — and solve a $13 billion problem”. The article reported on the grassroots 'Repair Cafe' movement tackling Australia's growing e-waste problem, and their push for 'right to repair' laws to make fixing goods easier. By: Sandra Fulloon | 18 Nov 2024 - Read the article here.
The Guardian - “‘We’ve been dumbed-down’: Australian farmers want the right to repair their own tractors again”. The article reported that Australian farmers are pushing for 'right to repair' laws for sophisticated, digitally-locked machinery to reduce costly downtime and unlock an estimated $97 million in additional GDP. By: Mandy McKeesick | 26 Jan 2025 - Read the article here.
The Guardian - “Right to repair: it should be easier for Australians to get phones and devices fixed, review says”. A 2021 Productivity Commission review found that it is becoming harder and more expensive for Australians to get smartphones, tablets and other devices repaired outside manufacturer networks. It recommended reforms to improve access to parts, repair information and consumer dispute mechanisms to strengthen the right to repair. By Josh Taylor | 11 Jun 2021 - Read the article here.

Where to go to learn more:

(2021) Australian Industry Group - This submission supported a limited copyright reform pathway for repair in the Copyright Act to allow third-party repairers to share copyright repair information. Read the submission here.
(2021) Law Council of Australia - This submission supported amending the Copyright Act 1968 (Cth) to introduce a repair-specific fair dealing exception. Read the submission here.
(2021) Productivity Commission - This report covered an investigation of additional recommendations on the right to repair in Australia, including barriers to repair such as restricted access to repair information, diagnostic tools and spare parts, and the implications for consumers, competition and e-waste. View the report here.
Australian Repair Network - A network based out of Griffith University that has brought together a wide range of stakeholders interested in or working in the repair sector. Read about their advocacy here.
iFixit - An open-source e-commerce platform that has publicly shared repair information and advocates for better rights to repair on an international scale. Read about their work here.
(2021) Repair.org - This submission outlined how United States copyright exceptions for repair have operated in practice, providing a comparative example of how similar reforms have been implemented and debated in another jurisdiction. Read the submission here.
Copyright Act 1968 (Cth) - Read the full Act here.

Human Perspective:

Sarah lives in a rural area and works from home. Her laptop is her lifeline, the tool that enables her to meet deadlines and earn an income. One day, she accidentally knocks it off the table and it malfunctions. The laptop is out of warranty, and the repair quote she receives from the manufacturer is far more than she can afford. A local repair shop believes the laptop could be fixed quickly and cheaply; however, when the technician searches for the repair manual online, they find it has been removed after the manufacturer claimed copyright and threatened legal action. Without access to this information, Sarah’s laptop cannot be repaired. Sarah feels sad that her otherwise functional device will end up in landfill while she is unable to work and can’t afford a replacement.

To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.

Conflict of interest/acknowledgment statement:

Dr Kayleen Manwaring confirmed their support for this recommendation in a meeting with FORE Australia held on 06 Feb 2026.

Support

If your organisation would like to add your support to this paper or suggest amendments, please email Info@foreaustralia.com.

Disclaimers

Please review all FORE disclaimers here.

Reference list:

Attorney General’s Department. (n.d.). For copyright owners. Australian Government. https://www.ag.gov.au/rights-and-protections/copyright/copyright-owners

Australian Catholic University. (n.d.). Library: Copyright basics. https://library.acu.edu.au/copyright/copyright-basics

Australian Competition and Consumer Commission. (2021). Productivity Commission Inquiry into the right to repair in Australia: ACCC submission in response to the issues paper. https://www.accc.gov.au/system/files/accc-submission-productivity-commission-right-to-repair-issuespaper.pdf?utm.com

Australian Competition and Consumer Commission. (2025). Motor vehicle service and repair information sharing scheme: Guidance for data providers. https://www.accc.gov.au/system/files/mvis-accc-guidance-data-providers.pdf

Australian Government Productivity Commission. (2021). Right to repair: Productivity Commission Inquiry report (Report No. 97). https://assets.pc.gov.au/inquiries/completed/repair/report/repair.pdf

Australian Law Reform Commission. (2012, August 16). Fair dealing exceptions.

https://www.alrc.gov.au/publication/copyright-and-the-digital-economy-ip-42/fair-dealing-exceptions/

Copyright Act 1968 (Cth). https://www.legislation.gov.au/C1968A00063/latest/text

Dekhil, L. B. (2024, August 26). Leaving nothing to waste: Elevating the role of repair in Australia. Global Voices. https://www.globalvoices.org.au/post/leaving-nothing-to-waste-elevating-the-role-of-repair-in-australia

iFixit Oceania. (2021, August 18). Re: Productivity Commission’s draft report on the Right to Repair Inquiry June 2021 [Submission to Productivity Commission]. https://assets.pc.gov.au/data/assets/pdf_file/0018/280026/subdr236-repair.pdf

Is there a right to repair?, U.S. House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet, 118th Cong. (2023) (testimony of Aaron Perzanowski). https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/perzanowski-testimony.pdf

Kariyawasam, K. & Subburaj, R. R. (2025). Importance of the doctrine of digital exhaustion in copyright law. International Journal of Law and Information Technology, 33. https://academic.oup.com/ijlit/article/doi/10.1093/ijlit/eaaf009/8119047

Manwaring, K. (2024). ‘Slowing down the loop’: Smart devices and the right to repair. International Review of Law, Computers & Technology, 38(3), 268–296. https://classic.austlii.edu.au/au/journals/UNSWLRS/2024/5.pdf

Wiseman, L. (2024). The right to repair in Australia. In O.-A. Rognstad, T. Pihlajarinne, & J. Mähönen (Eds.), Promoting sustainable innovation and the circular economy: Legal and economic aspects (pp. 156-182). Routledge. https://doi.org/10.4324/9781003309093

Wiseman, L. & Kariyawasam, K. (2021). Submission on the right to repair in response to the Productivity Commission’s issues paper December 2020. https://assets.pc.gov.au/__data/assets/pdf_file/0005/272660/sub105-repair.pdf

WWF-Australia. (2021). Right to repair – WWF-Australia submission. https://assets.pc.gov.au/__data/assets/pdf_file/0003/272334/sub054-repair.pdf