Alternatives
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).
