For further clarity and additional information about limits on the amount and nature of copying permitted under fair dealing in certain contexts, please see the Application of Fair Dealing under Policy R The application of these limits to teaching at SFU is outlined in the left column of the Copyright Infographic.
The fair use exception in U. The wording of the two exceptions is different. It is important to make sure that you consider the Canadian law and are not relying on U. Note : The information obtained from or through this website is provided as guidelines for using works for educational purposes and is not intended to constitute legal advice. Did the use follow standard industry practice? What is the amount of the dealing? What alternatives to the dealing are available?
How important was the copyrighted work to the use? Could the same purpose be achieved with a work that was not under copyright? Note, however, that the Court ruled that the possibility of using a licensed work was not relevant to determining whether a use was fair or not. What is the nature of the work? There are two issues here. First, the Court found that it was more likely to be Fair Dealing if a work was unpublished, rather than published since it would make the work more widely available.
However, a use was less likely to be Fair Dealing if the work was confidential. What is the effect of the dealing on the work? If the value of the original work, or the market for it, is likely to be harmed by the use, then it is less likely to be Fair Dealing. This is particularly true if the new work competes directly with the original.
In addition to Fair Dealing, the current Copyright Act provides a number of other exceptions. This does not have to be done specifically for educational reasons though it certainly might be, and a work might fall both under this clause and Fair Dealing but the source and author, performer, maker or broadcaster must be identified. However, there are a number of conclusions we can draw with reasonable certainty.
Excerpts from a work, and in some cases the entire work, may be used in the classroom for educational purposes. In general, the rule of thumb is to only use as much of any work as is necessary to meet your purpose; for instance, do not show an entire film if the same purpose can be met by showing selected scenes.
However, if you need to use the entire work, particularly in the case of a short work such as an ad, a photograph or a painting you can do so under Fair Dealing. Material posted on the Internet by or with the permission of the copyright holder may be used in the classroom for educational purposes.
The same exception applies for the use of audio-visual material sound recordings , films and broadcasts featured in the news. Parody or satire. Satire means the use of irony, sarcasm or ridicule in exposing vice or folly. An example of parody might be students re-working a television advertisement to ridicule it.
An example of satire might be students using part of a television advertisement in a PowerPoint presentation to make a satirical point about an issue related to the advertisement eg using a fast food commercial to make a satirical point about childhood obesity levels. The flexible dealing exception allows teachers to use copyright material in limited circumstances for the purposes of educational instruction. Teachers are not allowed to use this exception if another exception or statutory licence applies eg if the teacher is already allowed to make a copy of a text or artistic work under the Statutory Text and Artistic Works Licence.
For further information, see Flexible Dealing. Both of these exceptions can be used by schools and TAFE to assist students with a disability, but the circumstances in which they apply differ. For further information, see Disability Access Exceptions. There are a number of copying exceptions that apply to copying by libraries. These include making:. For further information, see Library Copying. The work must be more than 10 pages long.
More than one article can be copied if they relate to the same research or course of study. The research or study provision cannot generally be relied upon to make multiple copies for teaching purposes or to make other people's copyright material publicly available. You can copy an amount that is "fair".
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