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Copyright at Seneca

Fair Dealing is an exemption or user’s right in the Copyright Act that allows the copying of materials without permission under certain conditions. In order to claim dealing, the user must provide attribution/citation to the work and meet two criteria: 

  1. The copying must be for one of the following purposes: research, private study, education, parody, satire, criticism, review or news reporting.
  2. The use of the material must be considered fair. Six factors were established by the Supreme Court of Canada to determine if a use is fair: purpose, character, amount, alternative, nature, and effect.

 

Try our new Fair Dealing tool or review our Fair Dealing Factors chart below to help determine if your use is considered fair or visit the College's Fair Dealing Policy for guidelines on Fair Dealing usage.
If you are unsure if your use if fair contact us at copyright@senecacollege.ca

You must consider the following 6 factors in determining whether a dealing is fair:

 

 More Fair

 Less Fair

Purpose

Educational use may be seen as more fair

Commercial purposes may be seen as less fair

Character

Making one copy

Is it limited distribution?

Is the copying only going to be done once?

Making multiple copies

Is the distribution wide?

Is this repetitive copying?

Are you using multiple excerpts from one work?

 Amount

Copying an insubstantial or limited amount

 

Copying a significant portion of the work

Copying the complete work

*The greater the portion the less likely it would be fair

Alternatives

No alternatives available

Necessary for the purpose

Are alternative works available

Copying  is not necessary for the purpose

Nature

Is it unpublished? Use of an unpublished work may be  thought of as in the public interest and therefore may be more fair.

Is it confidential? Use of confidential material may be considered less fair.

Effect on the Original

No detriment to the original

Competes with the sale of the original work

 

 

Seneca College has adopted the Fair Dealing Policy (based on a draft policy from the Association of Canadian Community Colleges) which will help you to determine if your use is considered fair.

 
Copying or Display Allowed?
Explanation and Examples
Print Sources

If the portion is insubstantial

√ If the copying is fair (see Fair Dealing Factors)

√ For exams and testing

X Workbooks

X Materials obtained through personal contracts or licenses

One chapter or 10% from a 250 page book is likely insubstantial copying.

One short story, poem, article is likely insubstantial copying.

You should not reproduce/distribute material with a “personal use only” contract or license.

Distribution can be either: 

  • photocopies given out in class 
  • copies available at the library reserve desk 
  • a scanned file uploaded to Blackboard
 
Copying or Display Allowed?
Explanation and Examples
 Online Sources

√ Publicly available material

X Password-protected content

X Material with a “clearly visible notice” prohibiting educational use

You can use publicly available material from the Internet as long as the content has been legitimately posted and the source and author/creator is cited.

There is no technological protection measure preventing you from accessing or copying the material.

 
Copying or Display Allowed?
Explanation and Examples
 Images
 Tables
 & Figures

 From library databases or print sources

 From internet sites that do not have a “clearly visible notice” prohibiting educational use

Up to 10% of a work is insubstantial copying. It can be used in the classroom or in Blackboard.

There is no technological protection measure preventing you from accessing the material.

 
Copying or Display Allowed?
Explanation and Examples
 Music

 Playing of music in the classroom

X Uploading copyright protected music to Blackboard or burning copies for distribution

You can play a song in your classroom but you cannot upload it to Blackboard and you cannot burn copies to distribute.

There is no technological protection measure preventing you from accessing the material.

 
Copying or Display Allowed?
Explanation and Examples
 Videos & TV

 News programs

 TV series, documentaries, films (as long as you have a legal copy)

√ Seneca Libraries’ thousands of DVDs and online educational videos

X Videos from personal user accounts (e.g., Netflix, iTunes) 

Faculty can show a television program or play a radio broadcast while it is being aired.

News programs or news commentaries can be taped and shown in class. You cannot tape TV series, documentaries, or films and show them in class without permission from the copyright holder.

Videos from personal collections can be shown as long as the copy is legal.

You cannot copy a work (e.g. burn a copy, convert to streaming) without permission from the copyright holder.

There is no technological protection measure preventing you from accessing the material.

 
Copying or Display Allowed?
Explanation and Examples
 YouTube

 Videos uploaded by the copyright owner

X Illegally uploaded videos

YouTube and other video sharing sites may contain content not uploaded by the copyright owner. It is good professional practice to check the legitimacy of a YouTube video before using it in the classroom.

Many content creators like the CBC have channels on YouTube. The videos found on these channels can be used.

 
Copying or Display Allowed?
Explanation and Examples
 Mash-ups

 Copyright protected works used in the creation of a new work

An individual can use copyrighted works such as images, videos, music, text, etc. in the creation of a new work (e.g. modifying a mathematical table, creating an instructional video, creating slides or documents) as long as the original works are cited.

The derivative work must be transformative.

The work must not be used for promotion or commercial purposes.