Skip to Main Content

Copyright: NIC Library

Fair Dealing

The Copyright Act of Canada contains exceptions to its general prohibition on copying without permission. These exceptions are called “Fair Dealing”, and they allow limited and non-commercial copying for the purposes of research, private study, education, parody, satire, criticism, review, and news reporting.

In order to determine if use of a work qualifies as “fair”, the Supreme Court of Canada (in the CCH Canadian Ltd. v. Law Society of Upper Canada [2004] decision), proposed the following criteria must be considered:

  • the purpose of the dealing
  • the character of the dealing
  • the amount of the dealing
  • the nature of the work
  • available alternatives to the dealing
  • the effect of the dealing on the work

The purpose of the use, the amount to be used and alternatives available have to be considered, and must outweigh the nature and the effect of the dealing on the work.

North Island College has developed a Fair Dealing Policy that staff, faculty, and students should refer to when deciding if their use of copyrighted material is fair. Please be sure to read it carefully before copying a work or uploading it to LEARN