Fair dealing at UVic

Fair dealing image
credit: John Threlfall and UVic Photo Services

Watch this #Fairdealingworks video from the University of Winnipeg Library for a brief introduction to fair dealing in Canada

The fair dealing provision in the Copyright Act permits use of a copyright-protected work without permission from the copyright owner or the payment of copyright royalties. To qualify for fair dealing, two tests must be met:

  1. The “dealing” must be for a purpose stated in the Act:
  • research,
  • private study,
  • criticism,
  • review,
  • news reporting,
  • education,
  • satire,
  • parody.

2.  The dealing must be “fair.” The landmark Supreme Court of Canada decisions in CCH v Law Society of Upper Canada (2004) and Alberta v
Access Copyright (2012) provided guidance as to what this test means in educational institutions. These cases set out a six-factor test for determining if a dealing is fair.

UVic faculty, students and staff applying fair dealing may consult the copying guidelines, fair dealing statement and the six factor test.

Should you have any questions please contact the Copyright Office.

The Copyright Office makes every effort to provide accurate information but does not offer it as counsel or legal advice.