Skip to the content of the web site.

Copyright

Fair Dealing Flowchart

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
  6. Education
  7. Satire
  8. Parody

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?

Nature of the Dealing
Less Fair
More Fair

 

less fair to more fair graphic
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unpublished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

December 3, 2012