Fair Dealing (Canada)

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

17. How can I tell if the materials I find online are legal copies?

Figuring out if the content you want to use was legally posted online can be difficult. That said, there are a few things to keep in mind when assessing content that will help you make a more informed decision. If you are having difficulty figuring out if the content you want to use is a legal copy, please contact us at copyright@uwaterloo.ca.

16. Are there special rules for scanning copyrighted materials?

If you want to scan something, you may do so only if the use falls within one of the exceptions in the Copyright Act (such as fair dealing) or when no permission is required (such as scanning a work that is in the public domain).

05. How does copyright work differently in Canada and the United States?

In general, the copyright laws in the U.S. and Canada are different. For example, the U.S. has a provision known as "fair use" that is different from the Canadian equivalent ("fair dealing"). See Question 07: What is fair dealing and how does it relate to copyright? for more information.

08. Does fair dealing cover teaching?

Yes. While fair dealing doesn't specifically mention teaching, it does mention education. The Supreme Court of Canada has also ruled that an instructor may make copies of short excerpts of copyright-protected works and distribute them to students as part of classroom instruction under the fair dealing exception. See the guide to copying for instructional purposes for details about what may be as copied as fair dealing by instructors.

02. What rights does a copyright owner have?

Copyright gives the copyright owner several legal rights, such as the right to copy and translate a work, the right to communicate a work to the public by telecommunication, and the right to assign permission to third parties to circulate the work on the copyright owner's behalf. These rights are qualified by certain exceptions that balance the copyright owner’s interests with the public interest in allowing the use of copyright-protected works for purposes such as education and research.

24. What are the copyright implications for sharing material on Perusall?

The considerations for sharing materials on Perusall are similar to the considerations for sharing material on a learning management system such as LEARN. You may share copyright-protected material on Perusall if one of the following situations applies:

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