Fair Dealing is an exemption or user’s right in the Copyright Act that allows the copying of materials without permission under certain conditions. In order to claim fair dealing, the user must provide attribution/citation to the work and meet two criteria:
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You must consider the following six factors in determining whether a dealing is fair:
|
Fair Dealing Factor |
More Fair |
Less Fair |
|---|---|---|
|
Purpose |
Educational use |
Commercial purposes |
|
Character |
Making one copy Is it limited distribution? Is the copying only going to be done once? |
Making multiple copies Is the distribution wide? Is this repetitive copying? Are you using multiple excerpts from one work? |
|
Amount |
Copying an insubstantial or limited amount
|
Copying a significant portion of the work Copying the complete work *The greater the portion the less likely it would be fair |
|
Alternatives |
No alternatives available Necessary for the purpose |
Are alternative works available Copying is not necessary for the purpose |
|
Nature |
Is it unpublished? Use of an unpublished work may be thought of as in the public interest and therefore may be more fair. |
Is it confidential? Use of confidential material may be considered less fair. |
|
Effect on the Original |
No detriment to the original |
Competes with the sale of the original work
|
| Copying or Display Allowed? | Explanation and Examples | |
|---|---|---|
| Print Sources |
If the portion is insubstantial If the copying is fair For exams and testing Workbooks Materials from personal contracts or licenses |
One chapter or 10% of a 250-page book is likely considered insubstantial. Short works (e.g., a single poem or article) also fall within fair dealing. Do not share materials marked “personal use only.” Examples of permitted distribution:
|
| Copying or Display Allowed? | Explanation and Examples | |
|---|---|---|
| Online Sources |
Publicly available material Password-protected content Material with a clearly visible notice prohibiting educational use |
You can use publicly available material if it was posted legitimately and you cite the source and author/creator. There must be no technological protection measure preventing access or copying. |
| Copying or Display Allowed? | Explanation and Examples | |
|---|---|---|
| Images, Tables & Figures |
From library databases or print sources From websites with no notice prohibiting educational use |
Up to 10% of a work is typically insubstantial. It can be used in the classroom or posted to Blackboard. Ensure there is no digital lock or restriction on access. |
| Copying or Display Allowed? | Explanation and Examples | |
|---|---|---|
| Music |
Playing music in the classroom Uploading copyright-protected music to Blackboard or burning copies |
You can play music in class, but you cannot upload it to Blackboard or distribute copies. There must be no digital lock or restriction on access. |
| Copying or Display Allowed? | Explanation and Examples | |
|---|---|---|
| Videos & TV |
News programs TV series, documentaries, films (if legally obtained) Seneca Libraries’ DVDs and online videos Videos from personal user accounts (e.g., Netflix, iTunes) |
You may show live broadcasts or legally obtained videos in class. News programs can be recorded and used. Other content must be legally acquired. Do not burn copies or convert without permission. |
| Copying or Display Allowed? | Explanation and Examples | |
|---|---|---|
| YouTube |
Videos uploaded by the copyright owner Illegally uploaded videos |
Check that YouTube content is from a legitimate source like an official channel (e.g., CBC). Illegally uploaded content should not be used in the classroom. |
| Copying or Display Allowed? | Explanation and Examples | |
|---|---|---|
| MashUps |
Use of copyrighted works in a new, transformative work |
You may use copyrighted materials to create new works (e.g., videos, infographics) as long as:
|