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Copyright: Fair Dealing Requirements

Fair Dealing Requirements

1.  Teachers, instructors, professors and staff members in non-profit educational institutions 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.

2.  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.

3.  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
  • as part of a coursepack *

4.  A short excerpt means:

(a) up to 10% of a copyright-protected work (including a literary work, musical score, sound recording, and an audiovisual work)

(b) one chapter from a book

(c) a single article from a periodical

(d) an entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan) from a copyright-protected work containing other artistic works

(e) an entire newspaper article or page

(f) an entire single poem or musical score from a copyright-protected work containing other poems or musical scores

(g) an entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work

When copying or communicating a short excerpt, the most advantageous of sections 4(a) through (g) may be selected.  For example, if one chapter of a book is more than 10% of the book, the one chapter may be copied under the Fair Dealing Requirements.  If more than one figure is selected for copying, the number of figures selected that may be copied under the Fair Dealing Requirements cannot exceed 10% of the book.  For example, if a book is 200 pages long, up to 20 pages may be copied under the Fair Dealing Requirements.

5.  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.

6.  Copying or communicating that exceeds the above-mentioned limits may be referred to the Copyright Librarian, or your designated liaison librarian.  An evaluation of whether the proposed copying or communication is permitted under fair dealing will be made based on all relevant circumstances.

7.  Any fee charged by the educational institution for communicating or copying a short excerpt from a copyright-protected work must be intended to cover only the costs of the institution, including overhead costs.

* IMPORTANT NOTE:  The University's electronic resources are governed by license agreements with the vendors.  Any copying and/or distribution restrictions contained in a license will take precedence over the Fair Dealing Requirements and other user rights in the Copyright Act.  The licenses may or may not allow articles or book chapters to be put into coursepacks or into online course management systems such as Blackboard.  Check the terms of use (license) for these resources (See Does UFV have a license for it?).  We recommend using persistent links as an alternative to copying.

About the Requirements

These requirements have been adopted by UFV to provide guidance in copyright questions.  They represent a legal opinion provided to the Association of Canadian Community Colleges (ACCC)* on August 30, 2012.

The fair dealing provision in the Copyright Act (S. 29) permits use of a copyright-protected work without permission from the copyright owner or the payment of copyright royalties. To qualify for fair dealing, two tests must be passed.

  1. First, the "dealing" (or copying) 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.
  2. The second test is that the dealing must be "fair."  In landmark decisions in 2004 and in 2012, the Supreme Court of Canada provided guidance as to what this test means in schools and post-secondary educational institutions.

These Fair Dealing Requirements provide reasonable safeguards for the owners of copyright-protected works in accordance with the Copyright Act and the Supreme Court decisions.

*ACCC is now CICan: Colleges and Institutes Canada

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