“The Copyright Act provides that it is not an infringement of copyright to deal with a work for the purposes of research, private study, criticism, review, news reporting, education, satire, and parody, provided the dealing is ‘fair’ ” (Noel, W., & Snel, J., 2022, p. 2).
FAIR DEALING GUIDELINES FROM: COPYRIGHT MATTERS 5th Edition (2022)
The following guidelines describe the activities that are permitted under fair dealing in non-profit K–12 schools, and provide reasonable safeguards for the owners of copyright-protected works in accordance with the Copyright Act and decisions of the Supreme Court of Canada.
1. Teachers, instructors, professors, and staff members in nonprofit
educational institutions may communicate and reproduce,
in paper or electronic form, short excerpts from a copyright protected
work for the purposes of research, private study,
criticism, review, news reporting, education, satire, and parody.
2. Copying or communicating short excerpts from a copyright protected
work under these Fair Dealing Guidelines for the
purpose of news reporting, criticism, or review should mention
the source and, if given in the source, the name of the author or
creator of the work.
3. A single copy of a short excerpt from a copyright-protected work
may be provided or communicated to each student enrolled in a
class or course:
a. as a class handout;
b. as a posting to a learning or course-management system
that is password protected or otherwise restricted to students
of a school or postsecondary educational institution; or
c. as part of a course pack.
4. A short excerpt means:
a. up to 10 percent of a copyright-protected work (including
a literary work, musical score, sound recording, and an
audiovisual work);
b. one chapter from a book;
c. a single article from a periodical;
d. an entire artistic work (including a painting, print, photograph,
diagram, drawing, map, chart, and plan) from a copyright protected
work containing other artistic works;
e. an entire newspaper article or page;
f. an entire single poem or musical score from a copyright protected
work containing other poems or musical scores; or
g. an entire entry from an encyclopedia, annotated
bibliography, dictionary, or similar reference work.
5. Copying or communicating multiple short excerpts from the
same copyright-protected work with the intention of copying or
communicating substantially the entire work is prohibited.
6. Copying or communicating that exceeds the limits in these Fair
Dealing Guidelines may be referred to a supervisor or other
person designated by the educational institution for evaluation.
An evaluation of whether the proposed copying or communication
is permitted under fair dealing will be made based on all relevant
circumstances.
7, Any fee charged by the educational institution for communicating
or copying a short excerpt from a copyright-protected work must
be intended to cover only the costs of the institution, including
overhead costs.
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Source: Noel, W., & Snel, J. (2022). Copyright Matters! Some key questions & answers for teachers (5th ed.). Council of Ministers of Education, Canada. https://cmec.ca/Publications/Lists/Publications/Attachments/291/Copyright%20Matters%205th%20Edition%20FINAL%20EN.pdf
©2022 Council of Ministers of Education, Canada Canadian School Boards Association Canadian Teachers’ Federation. This document may be freely reproduced without obtaining the permission of the authors, provided that no changes whatsoever are made to the text. Available at www.cmec.ca, www.cdnsba.org, and www.ctf-fce.ca. ISBN: 978-0-88987-236-3
