New: Fair Dealing Analysis Tool | Academic Newsletter | Seneca Polytechnic

in the September 2018 issue

Seneca Libraries has developed a Fair Dealing Analysis Tool to help you determine if your use of copyright-protected material is considered fair.

It consists of seven questions that will help you assess if your copying activity meets Fair Dealing guidelines. Your answer to each question will generate an analysis description and visual fair dealing analysis to indicate the risk level. You will also receive a final, cumulative analysis after answering all seven questions.

Fair Dealing is an exemption of user’s right in the Copyright Act that allows you to copy materials without permission under certain conditions.

There are two criteria that are used to assess if a dealing is Fair:

1. The copying must be for one of the following purposes: research, private study, education, parody, satire, criticism, review or news reporting. You must mention the following to claim fair dealing: source, author, maker, performer, broadcaster, etc.
2. The use must be considered fair. Six factors were established by the Supreme Court of Canada to determine if a use is fair.
   • Purpose – what is the purpose of the use? Is it for research, private study, education, parody, satire, criticism, review or news reporting?
   • Character – what is the character of the dealing? Is there one copy or multiple copies being made? How are they being distributed?
   • Amount – what is the amount of the work being copied? Is it an insubstantial portion or the complete work?
   • Alternative – is there an alternative work available that could be used?
   • Nature – is the work published or unpublished?
   • Effect – what is the effect on the original work? Does it compete with the sale of the original on the market?

The tool is licensed under CC BY-NC 4.0. The source (.story) file is available for download in Credits.

For more information on fair dealing, visit the Copyright Subject Guide from Seneca Libraries.

View the September 2018 issue of the Academic Newsletter.