April 18, 2012
Everyone MAY copy:
- portions of works for private study, research, criticism, review, news reporting, parody, satire or education
Fair Dealing Guidelines
With the legislation being new, interpretation of what constitutes fair dealing for the purposes of education will develop over time. Teachers are advised to use the following guidelines to make their decisions about what to copy.
- excerpts of up to 10% of books, journals, magazines and newspapers
The 10% limit may be exceeded if required to copy:
- an entire chapter that comprises of 20% or less of a book
- an entire short story, play, essay, or poem from an anthology
- a newspaper, magazine, or journal article
- an entry from a reference work
- an illustration or photograph from a publication containing other works
- materials to accommodate the perceptually disabled, published in Canada, or
- in limited circumstances specified in the licence, out-of-print books
The author and source must appear on at least one page of your copies.
Fair Dealing does NOT authorize the copying of:
- published work cards, assignment sheets, tests, examination papers, and material designed for one-time use (e.g. workbooks and activity books)
- print music (recent ruling on fair dealing may mean that copying to replace lost copies and to provide sufficient materials for all students may well be considered fair if the source has been legally obtained)
- The educational exemption includes the right to make class sets, as well as copies for administration, communication, with parents, and library use
- There can be no systematic, cumulative copying from the same published work beyond the above limits.
You may not copy excerpts from more than 3 sources, together totaling more than 19 pages for inclusion in a course pack that replaces a published work. Digital copies may be made by word processor, fax, or digital copier for the purpose of interlibrary loan and online courses, provided measures are taken to prevent further distribution of the materials and time limits on their retention.
Filed under: Print Materials