Fair Dealing Considerations
Here are some things to consider in general to see if your usage could fall under the general fair dealing defence.
- Is your usage commercial or educational in nature?
- Are you directly commenting or critiquing on the work?
- Did you attribute the copyright owner appropriately?
- Are you modifying the work for a different use?
- Is the copied work factual or creative?
- Is the copied work fiction or non-fiction?
- How much of the work have you copied?
- Did you use a key or significant part of the work?
Effect on market
- Would your usage affect the sales of the work?
- Is your usage publicly accessible or only in class?
- How often do you intend to use the copied work?
Obtaining the work
- Is the work available for purchase or licensing?
- Is the work sold for an exorbitant price?
- Is the work out of print?