These Fair Dealing Guidelines were prepared by the Copyright Coordinator, in collaboration with the Copyright Advisory Committee and adopted by the University of Saskatchewan (USask) in November 2012. The guidelines below (the "Guidelines") are based on recommended fair dealing guidelines created by Universities Canada (formerly the Association of Universities and Colleges of Canada).
These Guidelines only apply to copying by faculty members, teaching staff and other staff within the fair dealing exception to copyright in the Copyright Act (the “Fair Dealing Exception”). These Guidelines do not apply to copying done by students. These Guidelines apply to fair dealing in post-secondary educational institutions and provide reasonable safeguards for the holders of copyright-protected works in accordance with the Copyright Act, as interpreted by the Supreme Court of Canada.
Faculty, teaching staff and other staff may copy, in paper or electronic form, Short Excerpts (defined below) from a copyright-protected work, which includes literary works, musical scores, sound recordings and audiovisual works (collectively, a “Work”) within the university environment for the purposes of research, private study, criticism, review, news reporting, parody, satire, or education in accordance with these Guidelines. Other sources of permission (including permission from a copyright holder) will be required where the copy falls outside of these Guidelines (See the USask Getting Permission from a Copyright Owner page).
- A single copy of a Short Excerpt (defined below) from a Work may be provided to each student registered or engaged in a course, unit or program of academic, continuing, professional or vocational study administered or hosted by USask, including a person who is granted deferred standing in a course:
- as a class handout;
- as a posting to a learning or course management system (e.g., PAWS, Blackboard) or e-reserve that is password protected or otherwise restricted to and accessible only by, students in the specific course, unit or program; or
- as part of a course pack.
- A Short Excerpt includes:
- 10% or less of a Work or
no more than:
- one chapter from a book;
- a single article from a periodical;
- an entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart and plan) from a copyright-protected Work containing other artistic works;
- an entire newspaper article or page;
- an entire single poem or musical score from a Work containing other poems or musical scores; or
- an entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work;
whichever is greater (in each case, a “Short Excerpt”).
For example, if a copy request is for one chapter of a book, the total pages copied may exceed 10% of the book. If a copy request is for 60 pages out of a 1,000-page book (6%), that 60 pages could be made up of multiple chapters of that book.
Any fee charged by USask for copying must not exceed the costs, including overhead costs, of the making of the copy.
Copies of Short Excerpts made 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.
- Where the Fair Dealing Exception allows the copying of only a portion of a Work, no member of the faculty, teaching staff or other staff may make copies of multiple Short Excerpts with the effect of exceeding the copying limits set out in section 3 of these Guidelines.
- The circumstances that qualify within the Fair Dealing Exception may vary from case to case. The Fair Dealing Exception will cover copying that you undertake in accordance with these Guidelines and may also cover certain instances of copying that are not described under these Guidelines. If you have a request for copying that you believe should be covered by the Fair Dealing Exception but is not explicitly permitted by these Guidelines, please contact the Copyright Coordinator. A determination will be made as to whether the proposed copies fall within the Fair Dealing Exception, considering all of the relevant circumstances, including:
- the purpose of the proposed copying, including whether it is for research, private study, criticism, review, news reporting, parody, satire or education;
- the character of the proposed copying, including whether it involves single or multiple copies and whether the copy is destroyed after it is used for its specific intended purpose;
- the amount of the dealing from the individual user’s perspective, including the proportion of the Work that is proposed to be copied and the importance of that excerpt in relation to the whole Work;
- alternatives to copying the Work, including whether there is a non-copyrighted equivalent available;
- the nature of the Work, including whether it is published or unpublished; and
- the effect of the copying on the Work, including whether the copy will compete with the commercial market of the original Work.
To help apply the above Fair Dealing Guidelines in the many, varied situations we encounter on our campus, a series of Application Documents have been developed. These Application Documents have been developed to help interpret the Fair Dealing Guidelines in various contexts and circumstances. The documents were developed by Universities Canada, in consultation with experts across the country.
- General Application of Fair Dealing Guidelines
- Application of the Fair Dealing Guidelines to Teaching and Research
- Fair Dealing Guidance for Students
- Application of the Fair Dealing Guidelines to Library Copying
- Application of the Fair Dealing Guidelines to Learning Management Systems (e.g., Blackboard, Moodle)
- Application of the Fair Dealing Guidelines to Administrative Copying
- Application of the Fair Dealing Guidelines to Musical Works and Sound Recordings
- Application of the Fair Dealing Guidelines to Audiovisual Works