Fair Dealing is an exemption or user’s right in the Copyright Act that permits the use of copyright protected material for one of the following purposes: research, private study, education, parody, satire, criticism, review or news reporting. The use of the work must be considered ‘fair’ and a citation providing the source, author, maker, performer, broadcaster, etc. must be included to claim fair dealing.
In two landmark cases (CCH v. Upper Canada Law Society) and Alberta v. Canadian Copyright Licensing Agency) the Supreme Court of Canada has considered the following 6 factors in determining whether a dealing is fair:
1. The Purpose of the dealing.
2. The Character of the dealing.
3. The Amount of the dealing.
4. Are there Alternatives available.
5. The Nature of the work.
6. The Effect of the dealing on the work.
Also known as the Mash-Up law or Youtube law, this section of the Copyright Act allows individuals to use an existing work or works to create a new work. The new work can be used or made available for non-commercial purposes only. Students could use this exception to create content for assignments.
Conditions/Limitations for use under the exemption:
Technological Protection Measures or digital locks are devices or tools used to protect copyright protected materials from illegal use.
Section 41.1 of the Copyright Act prohibits the circumvention or breaking of a techological protection measure or digital lock.
Examples of techological protection measures/digital locks are: read only documents, password protected materials, watermarks on a photograph.
Note: There are no educational exemptions that permit the breaking of a digital lock or circumventing the technological protection measure. If a copy is needed and there is a digital lock you must request permission from the copyright holder.
Copyright owners can allow others to use their works via licensing agreements. This can be done through a Creative Commons license or through vendors who provide access to the material.
The Michener LRC purchases licensing agreements from various vendors allowing access to e-resources such as newspaper, magazine, and journal articles as well as e-books. Each vendor sets use restrictions on the materials in their repertoire. Users must check the terms of use by a vendor to find out what uses are permitted.
It is important to note that although a right may be available under the Copyright Act of Canada, if there is a licensing agreement providing access and use of materials, the license agreement overrides the rights in the Act and the terms of the license must be followed.
The following are educational exemptions which allow for the copying of copyright protected works without permission from the copyright holder or the payment of royalties.
Reproduction for Instruction (Section 29.4 (1) of the Copyright Act)
This exemption permits an instructor to copy a work, or to do what is necessary to display it to students for the purpose of education or training.
Conditions/Limitations for use under the exemption:
Copying of Copyrighted Works in Tests and Exams (Section 29.4 (2) of the Copyright Act)
This exemption allows for the copying of copyrighted works in tests and exams and permits the distribution of works by telecommunications.
Conditions/Limitations for use under the exemption:
Copying of Copyrighted Works in Public Performances (Section 29.5 of the Copyright Act)
This exemption allows for the live performance of a dramatic, literary, musical or cinematographic work or the playing of a sound recording, film or video for the purpose of education or training.
Conditions/Limitations for use under the exemption:
Reproduction of Broadcasts
News & Commentary (Section 29.6 of the Copyright Act)
This exemption allows the making of a copy of a news or commentary program and show it in class for educational purposes.
Conditions/Limitations for use under the exemption:
TV and Radio Broadcasts (Section 29.7 of the Copyright Act)
This exemption allows for the making of a single copy of a broadcast which can be kept for up to 30 days in order to decide whether to show it to students for educational or training purposes.
Conditions/Limitations for use under the exemption:
Publicly Available Materials on the Internet (PAMS) (Section 30.04 of the Copyright Act)
This exemption allows faculty for the purpose of education and training to copy, translate, perform in public or communicate by telecommunication copyright protected materials that are publicly available on the internet.
Conditions/Limitations for use under the exemption: