Fair Dealing (Canada)

Questions about or related to the Fair Dealing exception in the Copyright Act.

45. If I have permission to put something on Waterloo's learning management systems (LEARN), does this mean I can also include it in my courseware?

If the copy posted to LEARN is covered by fair dealing, it is likely that the copy can be included in courseware without permission. If however the copy posted to LEARN is permitted under a licence agreement between Waterloo and the publisher, it is necessary to consult the licence agreement to determine whether a copy may also be included in courseware. Some copyright holders will grant users permission to put information on password-secured websites, like Waterloo's learning management systems (LEARN), but not to put the information in print format.

43. Do I need to obtain permission to use copyright material in my course packs?

Under fair dealing, short excerpts of copyright-protected material may be included in course packs without permission. See the Fair Dealing Advisory for details. In addition some material covered by licences that the Library has for electronic resources may be included in course packs.

38. Can Course Reserves scan articles or chapters and put them on electronic reserve for my class? 

Yes. In many cases, works may be scanned and posted under fair dealing or licence terms without the need to obtain permission. Where permission is required, this process can take several weeks. Where there is a charge for a permission, the Library will usually be able to absorb the cost as long as it is reasonable.  

33. Can students include copyright materials in their assignments and presentations?

Generally yes. Since fair dealing now includes education, students may include limited amounts of material in their assignments and presentations. See the Fair Dealing Advisory for details about amounts allowable under fair dealing.

29. Is there any difference between posting something on my own website versus posting something on Waterloo's learning management systems (LEARN)?

Yes. Posting something on your own website means you are making the work available world-wide. Wide distribution tends towards the conclusion that the dealing is not “fair” and such uses may not be covered by any University licences. By contrast, Waterloo's learning management systems (LEARN) is a password protected, secure website accessible only by students enrolled in university courses. In some cases, posting material on LEARN will be covered by one of the University’s electronic subscriptions.

28. Can I make copies of copyright-protected works to hand out to students in class? Can I include copies of another person’s images and materials in my PowerPoint presentations?

Yes. Under fair dealing you may make copies of another person’s works and hand them out to students enrolled in your course. Under fair dealing you may also include another person’s work, including images, in your PowerPoint presentations that you display to students enrolled in your course. In both cases, you must adhere to the amount that may be copied under fair dealing. Please see the Fair Dealing Advisory for the copying limits.