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In Canada, "fair dealing" is the permitted uses of protected works, without needing to have a license. Fair dealing is not the only type of use allowed without permission; more uses are listed on this page, below. Also, some works allow much greater access than these; see Open Access.
In the United States, the similar principle is called "Fair Use."
Is your intended use considered "fair dealing"?
Fair Dealing allows users to do quite a few things without needing special permissions or purchasing a license. It is particularly for copyright protected materials, even those which are not "Open Access".
In order to be fair to both users and creators, there are limits on fair dealing.
Check the purpose of use and the kind of use, below, to see if what you need is covered by fair dealing. The BC Cancer Library can help you cite a work properly, to give credit to the creator of it.
Fair dealing first looks at the purpose of the use; acceptable purposes under fair dealing include:
While BC Cancer is not specifically an educational institution, the "continuing and professional education" of our own staff is considered fair dealing for educational purposes. However, such educational use does not extend to education of "the public" or anyone not an employee. In general, educational use does not include sharing with colleagues outside of formal educational activities like classes and courses.
Fair dealing also considers the kind of use. Some factors in determining whether a use is legitimately "fair" include:
Many people have heard the "rule of thumb" that you can use up to 10% of a work, or a single article or single chapter, under Fair dealing. That guideline may not apply to all materials, formats, and works. The "amount used" may be a small quantity, but either of major importance, the most significant part of the work, or a major proportion - one article in an issue of three articles, is a third of the whole journal issue. One song, on an album containing only a single track, is not a minor part of the album.
In general, small amounts of a work may be copied for uses such as personal study, research, etc.
Sometimes the significance of the part is more important than the amount – such as an entire photograph, diagram, or table of data. The law generally looks at the “reasonableness” of the use. It is still important to cite the work, so it is clear who is the original author (copyright holder).
"Personal use" and "educational use" are different than displaying something publicly. For instance, you may watch a movie, but not rent a theatre and hold an open house to show it to a public audience. In addition, it may be fine to show something, for instance, bring up a website during a lecture or class, but not to "re-publish" the content from that website, on your own website, or make copies of it in a book that you sell.
There is a difference between quoting something with credit to the author, versus reproducing or re-using material in a new publication. Citation, summarizing, and quoting previous works or public statements is nearly always acceptable. Reproducing images, tables, or graphs entirely (even if re-formatted), for example in a textbook or a new journal article, probably requires explicit permission of the copyright holder. In particular, using someone else’s work to create a profit / raise money, is more likely to cross the line of “fair dealing.” Putting someone else’s work on the internet (when they have not done so) is also re-publishing.
Finally, fair dealing or fair use is for works protected by copyright. Fair dealing does not mean that works have no protection; it defines the limits of the protection, so that it is reasonable.
Not all materials are protected by copyright, and some copyright protected works have much greater permissions than Fair Dealing alone. For a list of other kinds of use, protection, and access, see Open Access.
In addition to "fair dealing", there is a rather long list of other kinds of allowable use:
These allowable uses of a copyrighted work simply permit users the reasonable use of the material. They clarify the kinds of normal usage for which copyright holders could not repeatedly demand payment.
Please note: This guide does not provide legal advice.
It is intended to educate staff about acceptable use of copyright protected materials. Specific legal questions should be directed appropriately.
The BC Cancer library system consists of a central library at Vancouver Centre, and branches in Abbotsford, Kelowna, Prince George, and Victoria where both patient and professional collections are available on site. Librarian staff are available at all centres, including Surrey.