Fair Dealing Policy on the Use of Copyright-Protected Works

AC-LRC-POL-034 Fair Dealing Policy on the Use of Copyright-Protected Works
Department	Registrar's Office - Learning Resource Centre
Creation Date	February 12, 2013
Approval Date	August 8, 2023
Effective Date	September 5, 2023

Organizational Scope

The Policy applies to all staff and faculty in all programs in all settings offered in The Michener Institute of Education at UHN (“Michener”).

Purpose

The purpose of this policy is to outline the regulations for staff and faculty at The Michener Institute when using copyrighted material for education purposes as stated by the Copyright Act.

Policy

The fair dealing provision in the Copyright Act permits use of a copyright-protected work without permission from the copyright owner or the payment of copyright royalties. To qualify for fair dealing, the following must occur:

• The “dealing” must be for a purpose stated in the Copyright Act.  Use of a copyright-protected work for teaching or research will typically pass this first test.
• The dealing must be “fair”.

 Definitions: Guidelines to define “fair” and “dealing”:

1. Teachers, instructors, professors and staff members 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 this Fair Dealing Policy 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, and/or
   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), NOTE: per Michener’s licence agreement with Access Copyright, the licence provides for copying up to 20% of a work from Access’ repertoire
   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) from a copyright-protected work containing other artistic works,
   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, and
   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 this Fair Dealing Policy must be referred to the Learning Resources Centre.
7. Any fee charged by the Michener Institute for communicating or copying a short excerpt from a copyright-protected work must be intended to cover only Michener’s cost of reproduction.

Associated Documentation

• Fair Dealing Procedure on the Use of Copyright-Protected Works
• Copyright Act of Canada