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What is Fair Dealing?
Fair dealing is for everyone. You probably make use of fair dealing everyday without even realizing it, whether emailing a news article to a friend, using a clip from a song, using a copyrighted image on social media, or quoting passages from a book when writing an essay. Activities such as these are not considered to be copyright infringement - in fact, the ability for users to make copies for specific purposes is an integral part of the Canadian Copyright Act.
The fair dealing provision in the Copyright Act permits use of a copyright-protected work without permission from the copyright owner or the payment of copyright royalties. To qualify for fair dealing, two tests must be passed.
What is the Purpose of Fair Dealing?
Fair dealing recognizes that certain uses of copyright protected works are beneficial for society. By placing limits on instances where copyright owners can require payment, fair dealing leads innovation, to the creation of new works and new scholarship. The Supreme Court of Canada increasingly refers to copyright as providing a balance between the rights of users and of copyright owners.
Fair dealing has a large, positive impact, including for:
Fair Dealing Analysis
A fair dealing analysis can help you identify if your proposed use may be fair. It consists of two parts.
Attribution: This page has been adapted for MHC from Saint Mary's University Copyright Fair Dealing and Educational Exceptions webpage which was adapted from Universities Canada - Fair Dealing Policy for Universities and Fair Dealing Canada's About Fair Dealing webpage. All content is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike International license.