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Fair Dealing Week 2016

Fair Dealing Week 2016


Welcome to the University of Waterloo Library’s celebration of Fair Dealing Week. The Licensing and Copyright Librarian, and our co-op student are here to introduce you to Fair Dealing, what it is, why it matters, and the campus resources available to you. Fair Dealing Week is celebrated in Canada to help us draw attention to the benefits that the Fair Dealing exception in the Copyright Act provides for Canadian content users. Sections 29 through 29.2 of the Act outline the Fair Dealing exception. Use of this exception for the “purpose of research, private study, education, parody or satire…criticism or review… [or] news reporting…does not infringe copyright.” To use the Fair Dealing exception, your use must be for one of these purposes, and your use must be fair. What is fair, you ask? The Copyright Act does not define fairness. However, we do have guidance on evaluating fairness from the Supreme Court of Canada through landmark case law decisions. These decisions have resulted in a six factor test we can apply to our use. The six factor test involves evaluating: The purpose of the dealing – How are you using the work? The character of the dealing – How many copies are you making/how many people will have access to your copy? The importance/amount of the work copied – How much of the work are you copying; a paragraph, the entire work? The effect of the dealing on the original work – Will your use of the work be detrimental to the original? The nature of the work – What is the publication status of the work? Did the creator intend it to be shared? And the available alternatives – Is this the only work you can use for your purpose? Are there alternatives available in the public domain? Keep in mind that fairness is always on a continuum; think of your use in each case as being more or less fair. There are many resources on campus to help you in your use of the Fair Dealing exception. The Fair Dealing Advisory outlines how the exception can be used by “teachers, instructors, professors and staff members”. The Fair Dealing Flowchart provides assistance to the campus community in making Fair Dealing decisions. Use the flowchart to assess if your use is more or less fair. The Fair Dealing Week research guide provides detailed information about the exception and links to additional resources about Fair Dealing. If you have further questions about Fair Dealing feel free to be in touch with the Licensing and Copyright Librarian. If you have questions about Copyright on campus turn to the Copyright Contacts page Thanks for watching!

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