Fair Dealing
Described in section 29 of the Copyright Act of Canada, Fair Dealing permits the limited non-commercial use of copyright protected material without the risk of infringement and without having to seek the permission of copyright owners. It is intended to provide a balance between the rights of creators and the rights of users.
The Fair Dealing Guidelines attempt to translate some of the high level principles of fair dealing into practical rules applicable to an academic setting. They describe activities that can be conducted under the Fair Dealing exception that do not carry the risk of copyright infringement.
A detailed analysis of Fair Dealing in Canada is available on the Copyright Policy Branch website of Canadian Heritage.
Please Note:
- The guidelines only address the production of paper or electronic copies.
- The guidelines do not address the use of original works.
- Read the Fair Dealing Guidelines online or download as a Pdf [147 kB]
Common questions about the Fair Dealing Guidelines
The questions and answers provided below relate to the fair dealing guidelines that AUCC recommended for adoption by its members outside Quebec.
Note: Faculty should also read the FAQs for Faculty section.
What is a lawful copy?
A lawful copy is a photocopy or electronic copy made in circumstances which do not infringe copyright. For example, copies made with the permission of the copyright owner or under an exception are lawful copies. The guidelines do not address the use of an original book or other publication.
Is placing an original book or journal article on library reserve affected by the fair dealing guidelines?
The fair dealing guidelines do not apply to placing an original work on library reserve because no reprographic or electronic copy is made. There is nothing that would prevent putting the original work on library reserve.
Do the fair dealing guidelines apply to the copying of sound recordings and audiovisual works?
No. The guidelines do not address sound recordings and audiovisual works. However, if the purpose of copying such recordings and works is for research, private study, criticism, review or news reporting, fair dealing criteria can be used to determine if the copying falls within what would be considered fair or lawful. To determine if the copying is fair we would have to know the extent of the copying and make a determination based on an interpretation of the guidelines.
