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Red River College Polytechnic
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Copyright
Fair Dealing Tool
Step 2

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Fair Dealing Tool: Step 2

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STEP 2 - IS YOUR COPYING FAIR?

You have indicated that your copying is for one of the fair dealing purposes listed in the Copyright Act.

You now need to assess the fairness of your use based on six factors.
Provide responses to each of the six factors below. Your responses to each of these factors, when combined, will help to determine if your copying is tending to be fair or unfair.
At the end of this process you will be provided with a final score, as well as an analysis of that score, which will indicate the degree to which your copying is likely to be fair. There is no bright line test for Fair Dealing the goal of the analysis is reveal the ‘degree of fairness’ applicable to the particular situation.

For each factor below, select the option that best indicates the characteristics of your copying, based on the range of options provided.

1. The purpose for which I am making a copy is

Not for profit, educational, or research.

Mostly not for profit, educational, or research.

Partially not for profit, educational, or research and partially for profit, commercial.

Mostly for profit, commercial.

Entirely for profit, commercial.

2. The character of the copying is:

the making of a single, one-off copy, which is for my personal use only and not distributed to others

the making of one or two copies which I may distribute to a small group of people or post on a secure website restricted to a small group of people, such as to students in LEARN

the making of a single, one-off copy, which I may share with another person for his/her own personal use

the making of several copies, on multiple occasions, which are to be distributed to many people or posted on a website that is available to many people

indiscriminate copying, in which multiple copies are made on an ongoing basis and distributed widely to others

3. The amount of the original work that I will be copying is:

10% or less of the original work

a single chapter from a book, or a single article from a periodical issue or newspaper

greater than 10% of the work, or more than one book chapter or periodical article

multiple chapters from a book, or multiple articles from an issue of a periodical or a newspaper

the entire work, or almost the entire work

4. Instead of making a copy of this copyrighted work, I could select the following alternative:

None - there are actually no alternative options available to me that do not involve making a copy of a copyright-protected work.

None - there are non-copyrighted alternatives, but none are readily available to me within a reasonable time frame

I have purchased a hard copy of this work but require it in an digital format that is not commercially available.

I could make a copy of a non-copyrighted work that is almost the same as the work I wish to copy.

I could purchase the version of the copyrighted work that is available commercially, but it is not in exactly the format or version I require, or cannot be obtained within the timeframe that I require.

I could purchase a commercially available copy of the work that is exactly what I need and is available within the time frame that I require.

5. The nature of the original work (from which the copy is made) is best described as:

Unpublished, not confidential; broad dissemination will be of benefit to the public

Not confidential, and intended to be widely distributed or made available

Published work that public may benefit from having made available, for example: academic articles.

Not confidential, but intended for a limited audience

Confidential and not intended to be disseminated to others

6. The effect of my copying on the market for the original work is:

Not detrimental, as the original work is not available for purchase in any form

Not detrimental, as the copying will actually encourage sales of the original work.

Probably not detrimental, as the copies being made are of poorer quality than, or are only a short excerpt of, the original work.

Possibly detrimental, as there is a market for the original work which may be impacted by the making of these copies.

Detrimental, as the copies are being made to avoid purchasing copies of the original work.

Your result will show up here!

This Fair Dealing tool has been adapted with permission from the University of Guelph by Red River College. Adaptations prepared by the Copyright Officer and RRC Library

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Last Updated: Jun 25, 2021 10:43 AM
Submit Feedback | URL: https://library.rrc.ca/fairdealingtool
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RRC Polytech campuses are located on the lands of Anishinaabe, Ininiwak, Anishininew, Dakota, and Dené, and the National Homeland of the Red River Métis.

We recognize and honour Treaty 3 Territory Shoal Lake 40 First Nation, the source of Winnipeg’s clean drinking water. In addition, we acknowledge Treaty Territories which provide us with access to electricity we use in both our personal and professional lives.

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