What is Fair Dealing?

Section 29 of the Copyright Act defines Fair Dealing in education. The Act states that Fair Dealing for research, private study, education, parody, or satire does not infringe copyright. Understanding Fair Dealing can be confusing, the following section includes guidelines to assist faculty and staff in their day-to-day use of copyrighted materials.

Most materials are copyright-protected. Fair Dealing is an exemption in the Copyright Act that allows for using short excerpts without permission provided that:

  • The copying is for research, private study, education, parody, satire, criticism, review, or news reporting
  • The copying of the materials is considered "fair"

To assess if Fair Dealing applies, consider:

  • How are copies shared?
  • How is it accessed (i.e. MyCanvas)?
  • How much is copied (i.e. less than 10% or a single chapter)?
  • Are you copying a substantial amount?
  • Will the creation of copies compete with sales of the original work?
  • Is there an existing license agreement that prohibits copying?

Always cite the and be sure to link to the source.

We recommend that you use this Fair Dealing Decision Tree created by the University of Ottawa to help you determine if your use is "fair"

University of Ottawa Fair Dealing Decision Tree

A short excerpt is: 

  • Up to 10% of copyright-protected work (ie. literary work, musical score, sound recording, and audiovisual work)
  • One chapter of a book
  • A single article from a periodical, newspaper, or magazine
  • A single poem, musical score, or artistic work from a copyright-protected work 
  • An entire entry from an encyclopedia, annotated biography, dictionary, or other reference book

*Note: copying multiple short excerpts from the same work is NOT allowed

Using Copyrighted Materials in the Classroom

Section 29.4 (1) of the Copyright Act states that a short excerpt, chapter or article can be copied if:

  • the portion is insubstantial
  • the dealing is fair (see Fair Dealing page)
  • for exams and testing

Any substantial use of a copyrighted work that extends beyond the parameters of fair dealing or educational exceptions requires permission from the copyright holder.  License agreements also have to be considered. 

For support contact Mohawk College Library at library@mohawkcollege.ca 

Section 30.04 states that educational institutions can reproduce, share, save, and download publicly available materials on the web under certain conditions.

Material from the web can be used as long as:

  • The content is legitimately posted and not from a 3rd party using items without consent
  • The link is shared
  • The content creator is cited
  • Content is not posted behind a password-protected site with restricted public access
  • There is not a clear statement indicating that sharing or re-using content is prohibited.

For images, tables and figures, you can copy or display content from library databases or from websites that permit reuse for educational purposes. Use caution and check the copyright statement or Terms of Use for each site.

Copying or display of videos is allowed for:

  • News programs or commentaries while it is being aired
  • Legal copies of TV series, documentaries or films (public performance rights)
  • Online educational videos acquired through Mohawk College Library 

You cannot copy a TV series, documentary of film without permission from the copyright holder. ​If a video is available on the Web it may not be permissible to use as a teacher resource.  It is best practice to seek permission.

Netflix and iTunes are licensed for personal use and do not allow for the showing of their content in the classroom or for posting in MyCanvas

YouTube and other video sharing sites may contain content that is uploaded by individuals that are not the copyright owner.  Check the legitimacy of YouTube content before sharing with students. 

Playing sound recordings, radio, and TV shows is permissible provided:

  • It is for educational purposes
  • It meets fair dealing guidelines
  • Songs are not uploaded to MyCanvas.

See Section 29.5(b) and (c) for more information.

Performing Music or Theatrical Works on Mohawk College premises is permitted without permission or payment of royalties if:

  • It is for educational or training purposes.
  • It is not for profit or any other motive of "gain"
  • The audience is primarily comprised of Mohawk students, instructors, or anyone directly responsible for curriculum setting.

See Section 32.2(3) for more information 

SOCAN and Re:Sound

If the use of live and recorded music requires permission and payment:

Disclaimer

Nothing on this guide was written by lawyers, and thus, should not be considered to be legal advice.