It can often be tricky to determine whether something you want to do falls within fair dealing. The Copyright Modernization Act (C-11) includes education as a fair dealing “Purpose”. Consequently, anyone using content for this purpose can skip to Step 2 to determine if the use is “Fair” as part of the two-factor Fair Dealing Analysis .
Ultimately, it will depend on your particular circumstances and you have to make a judgment call as to whether your use can be classified as fair.
STEP 1: CHECK WHETHER YOUR PURPOSE IS A PERMITTED PURPOSE
Are you using the work for the purpose of:
YES → Continue to step 2
NO → Check whether use is covered under:
STEP 2: CHECK WHETHER YOUR USE IS “FAIR”
Is the nature of the dealing fair?
|
Less Fair
|
More Fair
|
||||||||
|
Purpose |
|
||||||||
|
Commercial
|
Charitable /
Educational |
||||||||
|
Character of the dealing |
|
||||||||
|
Multiple copies
|
Single copy
|
||||||||
|
Widely distributed /
repetitive |
Limited distribution /
one-off |
||||||||
|
Importance / amount of work copied |
|
||||||||
|
Entire Work /
Significant excerpt |
Limited /
trivial amount |
||||||||
|
Effect of dealing on the original work |
|
||||||||
|
Competing with
original work |
No detriment
to original |
||||||||
|
Nature of the work |
|
||||||||
|
Confidential /
unpublished |
Published /
in public Interest |
||||||||
|
Available alternatives |
|
||||||||
|
Non-copyright works
available |
No alternative
works |
||||||||
|
Not necessary for
purpose |
Necessary to achieve
purpose |
||||||||
Attributed via Creative Commons Licensing to:
