Fair Dealing Considerations

Here are some things to consider in general to see if your usage could fall under the general fair dealing defence.

Purpose

• 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?

Nature

• Is the copied work factual or creative?
• Is the copied work fiction or non-fiction?

Amount

• 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?