Queen's University Library

Queen's University Library


Are there any viable alternatives that could be used in place of the reproduction?

Favoring fair dealing

  • [+] The reproduction could not be replaced by a non-copyright equivalent (no alternative works)
  • [+] Reproduction is necessary to achieve the intended (or ultimate) purpose

Opposing fair dealing

  • [-] There is a non-copyright equivalent that could be used instead of the copyrighted work
  • [-] Reproduction is not necessary to achieve the intented purpose
  • Note: According to the CCH case, the Court clearly states that "the availability of a licence is not relevant to deciding whether a dealing has been fair" (para. 70).