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?
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