The Law:

• Fair dealing (Section 29 of the Copyright Act) is an exemption in the Copyright Act provides parameters for the legal use of copyrighted material without the permission of the copyright holder.
• While the Copyright Act in Canada does not include specific criteria for determining fair dealing, the CCH v. Law society of Upper Canada Supreme Court decision layed out a number of criteria that represent the most authoritative test available for determining fair dealing in Canada. They are:
  • Purpose of the Dealing
  • Character of the Dealing
  • Amount of the Dealing
  • Alternatives to the Dealing
  • Nature of the Work
  • Effect of the Dealing on the Work