Board Policies & Administrative Procedures

Related Procedures: 1 – 28 Reproduction of Copyright / Protected Work

Fair Dealing Guidelines

1. Teachers, instructors, professors and staff members in non-profit educational institutions may communicate and reproduce, in paper or electronic form, short excerpts from a copyright/protected work for the purposes of research, private study, criticism, review, news reporting, education, satire and parody.
2. Copying or communicating short excerpts from a copyright/protected work under these Fair Dealing Guidelines for the purpose of news reporting, criticism or review should mention the source and, if given in the source, the name of the author or creator of the work.
3. A single copy of a short excerpt from a copyright protected work may be provided or communicated to each student enrolled in a class or course:
   1. As a class handout
   2. As a posting to a learning or course management system that is password protected or otherwise restricted to students of a school or post-secondary educational institution.
   3. As part of a course pack.
4. A short excerpt means:
   1. Up to 10% of a copyright/protected work (including a literary work, musical score, sound recording and an audiovisual work).
   2. One chapter from a book.
   3. A single article from a periodical.
   4. An entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan).
   5. An entire newspaper article or page.
   6. An entire single poem or musical score from a copyright/protected work containing other poems or musical scores.
   7. An entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work.
5. Copying or communicating multiple short excerpts from the same copyright/protected work with the intention of copying or communicating substantially the entire work is prohibited.
6. Copying or communicating that exceeds the limits in these Fair Dealing Guidelines may be referred to a supervisor or other person designated by the educational institution for evaluation. An evaluation of whether the proposed copying or communication is permitted under fair dealing will be made based on all relevant circumstances.
7. Any fee charged by the educational institution for communicating or copying a short excerpt from a copyright/protected work must be intended to cover only the costs.