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Copyright

Guide to Fair Dealing

It can often be tricky to determine whether something you want to do falls within fair dealing. This quick guide sets out the steps you should take and the factors you should consider. 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". If you have any doubt, you should ask for permission.

STEP 1:   CHECK WHETHER YOUR PURPOSE IS A PERMITTED PURPOSE
Are you using the work for the purpose of:

  1. Research
  2. Private study
  3. Criticism
  4. Review
  5. News reporting

YES → Continue to step 2

NO → Check whether use is covered under:

  1. Any other Copyright Act exception
  2. Library licences for electronic journals and databases
  3. Cinematograph film licences
  4. Any other agreement

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unpublished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

August 5, 2011