Fair Dealing Policy for Copyright-Protected Work
Important developments in copyright law have created new rules for faculty and staff when using copyright-protected work for educational purposes.
The rules, known as the "fair dealing provisions," allow you to use copyright-protected works without permission from the copyright owner or the payment of copyright royalties if two important tests are met:
- The "dealing" must be for a purpose stated in the Copyright Act: research, private study, criticism, review, news reporting, education, satire, and parody. Educational use of a copyright-protected work passes the first test.
- The dealing must be "fair." The guidelines below will provide guidance on what fair means.
- Teachers, instructors, professors and staff members may communicate and reproduce, in paper or electronic form, short excerpts from a copyright-protected work for the purposes of research, private study, criticism, review, news reporting, education, satire and parody.
- Copying or communicating short excerpts from a copyright-protected work under this Fair Dealing Policy for the purpose of news reporting, criticism or review should mention the source and, if given in the source, the name of the author or creator of the work.
- A single copy of a short excerpt from a copyright-protected work may be provided or communicated to each student enrolled in a class or course:
- as a class handout,
- as a posting to a learning or course management system that is password protected or otherwise restricted to students of a school or post-secondary educational institution, and/or
- as part of a course pack.
- A short excerpt could mean:
- up to 10% of a copyright-protected work (including a literary work, musical score, sound recording, and an audiovisual work),
- one chapter from a book,
- a single article from a periodical,
- an entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan) from a copyright-protected work containing other artistic works,
- an entire newspaper article or page,
- an entire single poem or musical score from a copyright-protected work containing other poems or musical scores, and
- an entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work.
- Copying or communicating multiple short excerpts from the same copyright-protected work, with the intention of copying or communicating substantially the entire work, is prohibited.
- Concerns about copying or communicating that may exceed the limits in this Fair Dealing Policy should be referred to Copyright at extension 77527 or firstname.lastname@example.org.An evaluation of whether the proposed copying or communication is permitted under fair dealing will be made based on all relevant circumstances.
- Any fee charged for communicating or copying a short excerpt from a copyright-protected work must be intended to cover only our costs, including overhead costs.