Guide to Fair Dealing
* The information in this guide was adapted from the Copyright Toolkit for ACCC Member Institutions 2014.
Fair dealing is a user’s right in copyright law permitting use, or "dealing," with a copyright‐ protected work without permission or payment of copyright royalties. To qualify for fair dealing, two tests must be passed:
Copying or communicating beyond the quantitative limits in the Fair Dealing Guidelines may, or may not, be fair. Where the quantitative limits are exceeded, the dealing must be assessed by the Corporate Counsel, who may refuse authorization because the dealing is unfair.
Having a single person conducting all the fair dealing assessments in an institution will produce consistent assessments and a consistent application of the guidelines. Conducting a fair dealing assessment involves judgment and training, an understanding of legal principles in case law on fair dealing, and the application of the six factors established by the Supreme Court of Canada in the CCH decision in 2004. These factors are: