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Copyright Guide for Faculty: Fair Dealing

Fair Dealing

Fair Dealing Guidelines

JIBC Institute Faculty and Staff are required to adhere to the Fair Dealing Policy and ensuing Guidelines.


1.  Teachers, instructors, professors and staff members in non-profit educational institutions may communicate and reproduce, in paper or electronic form, short excerpts from a copyright-protected work for the purposes of research, private study, criticism, review, news reporting, education, satire and parody.


2.  Copying or communicating short excerpts from a copyright-protected work under this Fair Dealing Policy for the purpose of news reporting, criticism or review should mention the source and, if given in the source, the name of the author or creator of the work.


3.  A single copy of a short excerpt from a copyright-protected work may be provided or communicated to each student enrolled in a class or course:

  • as a class handout
  • as a posting to a learning or course management system that is password protected or otherwise restricted to students of a school or post-secondary educational institution
  • as part of a coursepack 

4.  A short excerpt means:

(a) up to 10% of a copyright-protected work (including a literary work, musical score, sound recording, and an audiovisual work)

(b) one chapter from a book

(c) a single article from a periodical

(d) an entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan) from a copyright-protected work containing other artistic works

(e) an entire newspaper article or page

(f) an entire single poem or musical score from a copyright-protected work containing other poems or musical scores

(g) an entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work

When copying or communicating a short excerpt, the most advantageous of sections 4(a) through (g) may be selected. For example, if one chapter of a book is more than 10% of the book, the one chapter may be copied under the Fair Dealing Requirements. If more than one figure is selected for copying, the number of figures selected that may be copied under the Fair Dealing Requirements cannot exceed 10% of the book. For example, if a book is 200 pages long, up to 20 pages may be copied under the Fair Dealing Requirements.


5.  Copying or communicating multiple short excerpts from the same copyright-protected work, with the intention of copying or communicating substantially the entire work, is prohibited.


6. Copying or communicating that exceeds the limits in this Fair Dealing Policy may be referred to the Copyright Officer for evaluation. An evaluation of whether the proposed copying or communication is permitted under fair dealing will be made based on all relevant circumstances.


7. Any fee charged by the university for communicating or copying a short excerpt from a copyright-protected work must be intended to cover only the costs of the university, including overhead costs. 


NOTE: The Institute's electronic resources are governed by license agreements with the vendors. Any copying and/or distribution restrictions contained in a license will take precedence over the Fair Dealing Requirements and other user rights in the Copyright Act. To verify if you may or may not place articles or book chapters into Blackboard or distribute material from these electronic resources, please refer to the Library's Database Permissions page. 

Background Information

The fair dealing provision in the Copyright Act permits use of a copyright-protected work without permission from the copyright owner or the payment of copyright royalties. To qualify for fair dealing, two tests must be passed.

  1. First, the "dealing" must be for a purpose stated in the Copyright Act: research, private study, criticism, review, news reporting, education, satire or parody. Educational use of a copyright-protected work passes the first test.

  2. The second test is that the dealing must be "fair". In landmark decisions in 2004 and in 2012, the Supreme Court of Canada provided guidance as to what this test means in educational institutions. This test is often referred to as the Six Factors Analysis.

These criteria should be applied to help determine whether a use of (or dealing with) a work is fair.

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