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 6 factors in determining whether a dealing is fair:
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More Fair |
Less Fair |
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Purpose |
Educational use may be seen as more fair |
Commercial purposes may be seen as less fair |
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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? |
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Amount |
Copying an insubstantial or limited amount
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Copying a significant portion of the work Copying the complete work *The greater the portion the less likely it would be fair |
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Alternatives |
No alternatives available Necessary for the purpose |
Are alternative works available Copying is not necessary for the purpose |
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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Is it unpublished? Use of an unpublished work may be thought of as in the public interest and therefore may be more fair.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. |
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Effect on the Original |
No detriment to the original |
Competes with the sale of the original work
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Seneca Polytechnic has adopted the Fair Dealing Policy (based on a draft policy from the Association of Canadian Community Colleges) which will help you to determine if your use is considered fair.
Copying or Display Allowed? |
Explanation and Examples |
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Print Sources |
√ If the portion is insubstantial √ If the copying is fair (see Fair Dealing Factors) √ For exams and testing X Workbooks X Materials obtained through personal contracts or licenses |
One chapter or 10% from a 250 page book is likely insubstantial copying. One short story, poem, article is likely insubstantial copying. You should not reproduce/distribute material with a “personal use only” contract or license. Distribution can be either:
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Copying or Display Allowed? |
Explanation and Examples |
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|---|---|---|
Online Sources |
√ Publicly available material X Password-protected content X Material with a “clearly visible notice” prohibiting educational use |
You can use publicly available material from the Internet as long as the content has been legitimately posted and the source and author/creator is cited. There is no technological protection measure preventing you from accessing or copying the material. |
Copying or Display Allowed? |
Explanation and Examples |
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|---|---|---|
Images
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√ From library databases or print sources √ From internet sites that do not have a “clearly visible notice” prohibiting educational use |
Up to 10% of a work is insubstantial copying. It can be used in the classroom or in Blackboard. There is no technological protection measure preventing you from accessing the material. |
Copying or Display Allowed? |
Explanation and Examples |
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|---|---|---|
Music |
√ Playing of music in the classroom X Uploading copyright protected music to Blackboard or burning copies for distribution |
You can play a song in your classroom but you cannot upload it to Blackboard and you cannot burn copies to distribute. There is no technological protection measure preventing you from accessing the material. |
Copying or Display Allowed? |
Explanation and Examples |
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|---|---|---|
Videos & TV |
√ News programs √ TV series, documentaries, films (as long as you have a legal copy) √ Seneca Libraries’ thousands of DVDs and online educational videos X Videos from personal user accounts (e.g., Netflix, iTunes) |
Faculty can show a television program or play a radio broadcast while it is being aired. News programs or news commentaries can be taped and shown in class. You cannot tape TV series, documentaries, or films and show them in class without permission from the copyright holder. Videos from personal collections can be shown as long as the copy is legal. You cannot copy a work (e.g. burn a copy, convert to streaming) without permission from the copyright holder. There is no technological protection measure preventing you from accessing the material. |
Copying or Display Allowed? |
Explanation and Examples |
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|---|---|---|
YouTube |
√ Videos uploaded by the copyright owner X Illegally uploaded videos |
YouTube and other video sharing sites may contain content not uploaded by the copyright owner. It is good professional practice to check the legitimacy of a YouTube video before using it in the classroom. Many content creators like the CBC have channels on YouTube. The videos found on these channels can be used. |
Copying or Display Allowed? |
Explanation and Examples |
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|---|---|---|
Mash-ups |
√ Copyright protected works used in the creation of a new work |
An individual can use copyrighted works such as images, videos, music, text, etc. in the creation of a new work (e.g. modifying a mathematical table, creating an instructional video, creating slides or documents) as long as the original works are cited. The derivative work must be transformative. The work must not be used for promotion or commercial purposes. |