Answered By: Dan Michniewicz
Last Updated: Nov 28, 2017     Views: 107

"Fair Use" is not a term used in Canada. Fair Dealing, however, is a section of Canadian copyright law that allows certain uses of copyrighted materials without requiring permission or payments to the copyright holder.

The #1 rule for this section is that the copying is for “education, research, private study, criticism or review, news reporting, parody or satire” (Section 29). So as a student, you qualify under “private study”.

So what can you do?

You can copy works without permission from, or payment to, the copyright owner as long as the copying is FAIR.

You can use these six factors to help guide your determination of whether your copying is fair (from Michael Geist‘s blog):

  1. The purpose of the copying
    • Is the copying for one of the following purposes: education, research, private study, criticism or review, news reporting, parody or satire?
  2. The amount of the copying
    • How much is being copied? One chapter from a book or one article from a journal may be considered fair.
  3. The character of the copying
    • How broadly will the work be distributed? Personal use may be considered fair.
  4. Alternatives to copying the work
    • Is the same or equivalent work available in the library databases? Is there a non-copyrighted alternative?
  5. The nature of the work
    • Including whether it is published or unpublished
  6. The effect of the copying on the work
    • Will the copying undermine the market for the work?

To claim fair dealing, you must mention: source, author, maker, performer, broadcaster, etc. In other words, you have to cite the work!

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