Fair dealing decision tree

The Fair Dealing Decision Tree is a supplement to the Fair Dealing Guidelines to help you determine if your use of a copyright-protected work is fair, without requiring you to obtain permission from the copyright holder. Therefore, this Decision Tree does not need to be used for (a) works that are not protected by copyright (see Alternatives to copyright); works available under Creative Commons or open access licences (see Creative Commons and open access); or (c) works whose use falls under an exception to copyright other than fair dealing (e.g., education exception - see Instructor pages).

For what purpose is the work being used?

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy up to a full article from each issue of a periodical for the purpose of private study or research.

Note: If you are planning on publishing your research, in general, you may not include a copy of the article, or even a substantial portion, with your publication – doing so may not be considered fair dealing.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy up to a full article from each issue of a periodical as part of the research process, and include portions within your work. However, you should generally be discussing or analyzing the content of this article, as opposed to simply reproducing it within your work.

Note: As part of your critique, review or news report, you must mention the source and, if provided, list the author(s) or creator(s). If you are planning on publishing your work, it may be preferable to obtain permission from the owner of the copyright for the article.

» You are generally not permitted to use the copyright-protected work if it is:

a) Not for the purposed of education, research, private study, satire, parody, criticism, review, news reporting; OR
b) Intended to be used for commercial activity, profit, entertainment, or public distribution.

For instance, if you would like to use music for non-educational purposes, for example, as background music at a conference or in an athletic facility, licences should generally be obtained from the Society of Composers, Authors and Music Publishers of Canada (SOCAN) and Re:Sound.

How will it be distributed?

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy up to a full article from each issue of a periodical for the purpose of education. See Using copyrighted materials in class for more information.

If you are still unsure whether you satisfy the University’s Fair Dealings Guidelines, or would prefer to provide a persistent link to the students, see Linking to full-text articles and e-books for a safe alternative.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy up to a full article from each issue of a periodical for the purpose of education. See Using Virtual Campus for more information.

If you are still unsure whether you satisfy the University’s Fair Dealings Guidelines, or would prefer to provide a persistent link to the students, see Linking to full-text articles and e-books for a safe alternative.

Note: Learning management systems (such as Virtual Campus) must be password-protected and restricted to students of the University.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy up to a full article from each issue of a periodical for the purpose of education. See Creating print course packs for more information.

If you are still unsure whether you satisfy the University’s Fair Dealings Guidelines, or would prefer to provide a persistent link to the students, see Linking to full-text articles and e-books for a safe alternative.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy and email up to a full article from each issue of a periodical for the purpose of education.

» If the work is being distributed to an open audience (e.g., access is not restricted) or distributed in a way that is not well-defined (e.g., access is ongoing), consult the Fair Dealings Guidelines or contact the Copyright Office for more assistance.

For what purpose is the work being used?
How will the work be distributed?

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy approximately 10% or a full chapter, whichever is greater, from a book for the purpose of education. See Using copyrighted materials in class for more information.

If you are still unsure whether you satisfy the University’s Fair Dealings Guidelines, or would prefer to provide a persistent link to the students, see Linking to full-text articles and e-books for a safe alternative.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy approximately 10% or a full chapter, whichever is greater, from a book for the purpose of education. See Using Virtual Campus for more information.

If you are still unsure whether you satisfy the University’s Fair Dealings Guidelines, or would prefer to provide a persistent link to the students, see Linking to full-text articles and e-books for a safe alternative.

Note: Learning management systems (such as Virtual Campus) must be password-protected and restricted to students of the University.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy approximately 10% or a full chapter, whichever is greater, from a book for the purpose of education. See Creating print course packs for more information.

If you are still unsure whether you satisfy the University’s Fair Dealings Guidelines, or would prefer to provide a persistent link to the students, see Linking to full-text articles and e-books for a safe alternative.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy and email approximately 10% or a full chapter, whichever is greater, from a book for the purpose of education.

» If the work is being distributed to an open audience (e.g., access is not restricted) or distributed in a way that is not well-defined (e.g., access is ongoing), consult the Fair Dealings Guidelines or contact the Copyright Office for more assistance.

» Your responses suggest that this use is permitted under fair dealing.

You may copy approximately 10% or a full chapter from a book, whichever is greater, for the purpose of private study or research.

Note: If you are planning on publishing your research, in general, you may not include a copy of the book sections, or even a substantial portion, with your publication – doing so may not be considered fair dealing.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy approximately 10% or a full chapter from a book, whichever is greater, as part of the research process, and include portions within your work. However, you should generally be discussing or analyzing the content of the book sections, as opposed to simply reproducing them within your work.

Note: As part of your critique, review or news report, you must mention the source and, if provided, list the author(s) or creator(s). If you are planning on publishing your work, it may be preferable to obtain permission from the owner of the copyright for the book.

» You are generally not permitted to use the copyright-protected work if it is:

a) Not for the purposed of education, research, private study, satire, parody, criticism, review, news reporting; OR
b) Intended to be used for commercial activity, profit, entertainment, or public distribution.

For instance, if you would like to use music for non-educational purposes, for example, as background music at a conference or in an athletic facility, licences should generally be obtained from the Society of Composers, Authors and Music Publishers of Canada (SOCAN) and Re:Sound.

Is the work from a copyright-protected work containing other such works?
For what purpose is the work being used?
How will the work be distributed?

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy the entire artistic work for education. See Using copyrighted materials in class for more information.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy the entire artistic work for education. See Using Virtual Campus for more information.

Note: Learning management systems (such as Virtual Campus) must be password-protected and restricted to students of the University.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy the entire artistic work for education. See Creating print course packs for more information.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy and email the entire artistic work for the purpose of education.

» If the work is being distributed to an open audience (e.g., access is not restricted) or distributed in a way that is not well-defined (e.g., access is ongoing), consult the Fair Dealings Guidelines or contact the Copyright Office for more assistance.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy the entire artistic work for the purpose of private study or research.

Note: If you are planning on publishing your research, in general, you may not include a copy of the artistic work with your publication – doing so may not be considered fair dealing.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy the entire artistic work as part of the research process, and include it within your work. However, you should generally be discussing or analyzing the content of this artistic work, as opposed to simply reproducing it within your work.

Note: As part of your critique, review or news report, you must mention the source and, if provided, list the author(s) or creator(s). If you are planning on publishing your work, it may be preferable to obtain permission from the owner of the copyright for the artistic work.

» You are generally not permitted to use the copyright-protected work if it is:

a) Not for the purposed of education, research, private study, satire, parody, criticism, review, news reporting; OR
b) Intended to be used for commercial activity, profit, entertainment, or public distribution.

For instance, if you would like to use music for non-educational purposes, for example, as background music at a conference or in an athletic facility, licences should generally be obtained from the Society of Composers, Authors and Music Publishers of Canada (SOCAN) and Re:Sound.

» If the work of interest (e.g., a painting) is not taken from a copyright-protected work containing other such works (e.g., a book containing numerous paintings), you may not use more than 10% of the work. For example, if you wish to use a single painting by Pablo Picasso, you should retrieve it from a copyright-protected book that contains multiple paintings.

Is the work from a copyright-protected work containing other such works?
For what purpose is the work being used?
How will the work be distributed?

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy the entire poem or musical score for the purpose of education. See Using copyrighted materials in class for more information.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy the entire poem or musical score for the purpose of education. See Using Virtual Campus for more information.

Note: Learning management systems (such as Virtual Campus) must be password-protected and restricted to students of the University.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy the entire poem or musical score for the purpose of education. See Creating print course packs for more information.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy and email the entire poem or musical score for the purpose of education.

» If the work is being distributed to an open audience (e.g., access is not restricted) or distributed in a way that is not well-defined (e.g., access is ongoing), consult the Fair Dealings Guidelines or contact the Copyright Office for more assistance.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy the entire poem or musical score for the purpose of private study or research.

Note: If you are planning on publishing your research, in general, you may not include a copy of the poem or musical score with your publication – doing so may not be considered fair dealing.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy the entire poem or musical score as part of the research process, and include portions within your work. However, you should generally be discussing or analyzing the content of the poem or musical score, as opposed to simply reproducing it within your work.

Note: As part of your critique, review or news report, you must mention the source and, if provided, list the author(s) or creator(s). If you are planning on publishing your work, it may be preferable to obtain permission from the owner of the copyright for the poem or musical score.

» You are generally not permitted to use the copyright-protected work if it is:

a) Not for the purposed of education, research, private study, satire, parody, criticism, review, news reporting; OR
b) Intended to be used for commercial activity, profit, entertainment, or public distribution.

For instance, if you would like to use music for non-educational purposes, for example, as background music at a conference or in an athletic facility, licences should generally be obtained from the Society of Composers, Authors and Music Publishers of Canada (SOCAN) and Re:Sound.

» If the work of interest (e.g., a poem) is not taken from a copyright-protected work containing other such works (e.g., an anthology of numerous poems), you may not use more than 10% of the work. For example, if you wish to use a single poem by Edgar Allan Poe, you should retrieve it from a copyright-protected book or anthology containing multiple poems.

For what purpose is the work being used?
How will the work be distributed?

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy up to a full article from each issue of a newspaper for the purpose of education. See Using copyrighted materials in class for more information.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy up to a full article from each issue of a newspaper for the purpose of education. See Using Virtual Campus for more information.

Note: Learning management systems (such as Virtual Campus) must be password-protected and restricted to students of the University.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy up to a full article from each issue of a newspaper for the purpose of education. See Creating print course packs for more information.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy and email the full article from an issue of a newspaper for the purpose of education.

» If the work is being distributed to an open audience (e.g., access is not restricted) or distributed in a way that is not well-defined (e.g., access is ongoing), consult the Fair Dealings Guidelines or contact the Copyright Office for more assistance.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy up to a full article from each issue of a newspaper for the purpose of private study or research.

Note: If you are planning on publishing your research, in general, you may not include a copy of the article with your publication – doing so may not be considered fair dealing.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy the entire newspaper article as part of the research process, and include portions within your work. However, you should generally be discussing or analyzing the content of this article, as opposed to simply reproducing it within your work.

Note: As part of your critique, review or news report, you must mention the source and, if provided, list the author(s) or creator(s). If you are planning on publishing your work, it may be preferable to obtain permission from the owner of the copyright for the article.

» You are generally not permitted to use the copyright-protected work if it is:

a) Not for the purposed of education, research, private study, satire, parody, criticism, review, news reporting; OR
b) Intended to be used for commercial activity, profit, entertainment, or public distribution.

For instance, if you would like to use music for non-educational purposes, for example, as background music at a conference or in an athletic facility, licences should generally be obtained from the Society of Composers, Authors and Music Publishers of Canada (SOCAN) and Re:Sound.

For what purpose is the work being used?
How will the work be distributed?

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy an entire entry from a reference book for the purpose of education, so long that no more of the work is copied than is necessary to achieve the allowable purpose. See Using copyrighted materials in class for more information.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy an entire entry from a reference book for the purpose of education, so long that no more of the work is copied than is necessary to achieve the allowable purpose. See Using Virtual Campus for more information.

Note: Learning management systems (such as Virtual Campus) must be password-protected and restricted to students of the University.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy an entire entry from a reference book for the purpose of education, so long that no more of the work is copied than is necessary to achieve the allowable purpose. See Creating print course packs for more information.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy and email the entire entry from a reference book for the purpose of education, so long as no more of the work is copied than is necessary to achieve the allowable purpose.

» If the work is being distributed to an open audience (e.g., access is not restricted) or distributed in a way that is not well-defined (e.g., access is ongoing), consult the Fair Dealings Guidelines or contact the Copyright Office for more assistance.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy an entire entry from a reference book for the purpose of private study or research, so long that no more of the work is copied than is necessary to achieve the allowable purpose.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy the entire entry from a reference book and include portions within your work, so long that no more of the work is copied than is necessary to achieve the allowable purpose. However, you should generally be discussing or analyzing the content of this reference book, as opposed to simply reproducing it within your work.

Note: As part of your critique, review or news report, you must mention the source and, if provided, list the author(s) or creator(s). If you are planning on publishing your work, it may be preferable to obtain permission from the owner of the copyright for the reference book.

» You are generally not permitted to use the copyright-protected work if it is:

a) Not for the purposed of education, research, private study, satire, parody, criticism, review, news reporting; OR
b) Intended to be used for commercial activity, profit, entertainment, or public distribution.

For instance, if you would like to use music for non-educational purposes, for example, as background music at a conference or in an athletic facility, licences should generally be obtained from the Society of Composers, Authors and Music Publishers of Canada (SOCAN) and Re:Sound.

For what purpose is the work being used?
How will the work be distributed?

» Your responses suggest that this use is permitted under the fair dealing exception.

You may present an audiovisual or sound recording in class so long that the copy was obtained legitimately (e.g., owned, borrowed, rented) and your audience consists primarily of students, instructors, or any person who is directly responsible for setting curriculum at the University.

Contact the University’s Library if you need assistance finding or using audiovisual or sound recordings.

Note: If you are using an audiovisual or sound recording found on the internet, you may only show it in class if you reasonably think that the copyright holder permitted its use online (e.g., an episode of This Hour Has 22 Minutes is posted in the online catalogue at CBC.ca).

» Your responses suggest that this use is permitted under the fair dealing exception.

You may present, copy and/or distribute up to 10% of an audiovisual work or sound recording in Virtual Campus.

If you are using an audiovisual or sound recording found on the internet, you may also link to it in Virtual Campus if you know that the copyright holder permitted its use online (e.g., an episode of This Hour Has 22 Minutes is posted in the online catalogue at CBC.ca).

Note: Learning management systems (such as Virtual Campus) must be password-protected and restricted to students of the University. Contact the University’s Library if you need assistance finding or using audiovisual or sound recordings.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may present, copy and/or distribute up to 10% of an audiovisual work or sound recording to students by e-mail. Contact the University’s Library if you need assistance finding or using audiovisual or sound recordings.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy approximately 10% of an audiovisual or sound recording for the purpose of private study or research.

» Your responses suggest that this use is permitted under the fair dealing exception.

You may copy approximately 10% of an audiovisual or sound recording as part of the research process, and include portions within your work. However, you should generally be discussing or analyzing the audiovisual or sound recording, as opposed to simply reproducing it within your work.

Note: As part of your critique, review or news report, you must mention the source and, if provided, list the author(s) or creator(s). If you are planning on publishing your work, it may be preferable to obtain permission from the owner of the copyright for the audiovisual or sound recording.

» You are generally not permitted to use the copyright-protected work if it is:

a) Not for the purposed of education, research, private study, satire, parody, criticism, review, news reporting;
OR
b) Intended to be used for commercial activity, profit, entertainment, or public distribution.

For instance, if you would like to use music for non-educational purposes, for example, as background music at a conference or in an athletic facility, licences should generally be obtained from the Society of Composers, Authors and Music Publishers of Canada (SOCAN) and Re:Sound.

» For those works that are not listed above please consult the Fair Dealings Guidelines or contact the Copyright Office for more assistance.

chat loading...