Fair Dealing Guidelines
UNBC's Fair Dealing Guidelines ("Guidelines") apply to all faculty members and staff persons. They provide guidance on the use of copyright-protected works under the Fair Dealing exception, and provide reasonable safeguards for the owners of copyright-protected works in accordance with the Copyright Act and Supreme Court decisions. It is important for the UNBC Community to understand that the Guidelines do not form any part of the Copyright Act. They have been developed in consultation with AUCC, ACCC and Grant McEwan's Fair Dealing Guidelines. Their purpose is to assist UNBC faculty and staff in making decisions about their use of copyright works in their teaching and research. UNBC's Copyright Office is always available to assist the UNBC Community in navigating copyright issues.
6 Point Fair Dealing Test
Fair dealing is an integral part of the copyright legislation and outlines the terms of the use of material for the purposes of research, private study, criticism, review, news reporting, parody, satire and education. The 6 point Fair Dealing test includes the following criteria:
- Purpose of the use - Is the use for commercial purposes or educational/charitable use?
- Character of the dealing - Are you making multiple copies or a single copy? Will it be widely distributed and have limited distribution? Will the use be on-going or is it a one-off or isolated use?
- Importance/Amount of Work Copied - Are you using a significant excerpt? The whole work? Or is the amount you want to use limited or a trivial amount?
- Effect of Dealing on the Original Work - Will your use be competing with the original work? Would it deter someone from purchasing the original work? Or does your use cause little or no detriment to the original work?
- Nature of the Work - Is the work confidential? Perhaps unpublished? Or was it published in the public interest?
- Available Alternatives - Could you achieve your purpose without using the work? Or is the work necessary to achieve your purpose?
Determine if your usage would be Fair Dealing with Shades of Grey: 6 Point Fair Dealing Test.
The Fair Dealing Analysis tool from Athabasca University may also help you determine if your use is "fair" or not.