Six-factor test

When determining whether proposed copying falls within the Fair Dealing Exception, consider all of the relevant circumstances, including:

  1. the purpose of the proposed copying, including whether it is for research, private study, education, criticism, review, parody, satire or news reporting;
  2. the character of the proposed copying, including whether it involves single or multiple copies, and whether the copy is destroyed after it is used for its specific intended purpose;
  3. the amount of the dealing from the individual user's perspective, including the proportion of the work that is proposed to be copied and the importance of that excerpt in relation to the whole Work;
  4. alternatives to copying the Work, including whether there is a non-copyrighted equivalent available;
  5. the nature of the work, including whether it is published or unpublished; and
  6. the effect of the copying on the Work, including whether the copy will compete with the commercial market of the original Work.

Out of print works

Permission (including permission from a copyright holder) will be required where the copy falls outside of the fair dealing parameters.

If you have any further questions, please contact the Copyright Office.

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.