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 one of Waterloo's learning management systems (such as LEARN), does this mean I may also include it in my courseware?

If the copy posted to a learning management system is covered by fair dealing, it is likely that the copy can be included in courseware without permission as well. If, however, the copy posted to a learning management system 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.

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

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

38. Is Course Reserves permitted to scan articles or chapters and put them on electronic reserve for students in my course?

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

33. Are students permitted to include copyright-protected 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 one of Waterloo's learning management systems (such as LEARN)?

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

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

You may make copies of another person’s works and hand them out to students enrolled in your course, and 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 copying limits.