Fair Dealing Flowchart

It can often be tricking to determine whether something you want to do falls within Fair Dealing. This quick guide sets out the steps you should take and the factors you should consider. Ultimately, it will depend on your particular circumstances and you have to make a judgment call as to whether your use can be classified as "fair." If you have any doubt, you should ask permission. If hte work is a library-licenced electronic resource, the permissibility of your use is determined by the terms of the licence.

Step 1: Check whether your purpose is a permitted purpose

Are you using the work for the purpose of:

  • Research
  • Private Study
  • Criticism
  • Review
  • News Reporting
  • Education
  • Satire
  • Parody

Yes? continue to Step 2

No? Check whether use is covered under:

  1. Any other Copyright Act exception
  2. Library licences or electronic journals and databases
  3. Cinematograph film licences
  4. Any other agreement

Step 2: Check whether your use is "fair"

Is the nature of the dealing....?