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Educational and Research Exceptions

Exceptions are specific provisions of the Copyright Act that allow copying or use of a work without seeking permission or paying a license fee, provided certain conditions are met.
They balance creators’ rights with the public interest in education, research, and access to knowledge.

Note: Exceptions are limited and purpose-specific — if your situation does not fit clearly within an exception, use the Request Permission process or contact copyright@uwo.ca instead.

Key Educational and Research Exceptions

Exception What It Allows Conditions / Notes

Classroom Display (s.29.4)

Instructors may display a work in a live class (in person or via secure LMS).

The copy used must be legally obtained; not permitted if access circumvents a digital lock.

Reproduction for Instruction or Exams (s.29.4(2))

Copying for classroom use, tests, exams, or assignments.

Must be for educational purposes; not for commercial distribution.

Public Performance in Class (s.29.5)

Showing a film, video, or broadcast for instructional purposes.

Must be legally obtained, on school premises (or equivalent virtual setting) and for a non-profit audience.

Interlibrary Loan (s.30.2)

Libraries may send a copy of an article or short excerpt for research/study.

The copy must include a copyright notice and be for individual use only.

Library Maintenance Copy (s.30.1)

Libraries may make copies for preservation or replacement.

Permitted only if a replacement cannot be bought at a reasonable price.

Persons with Perceptual Disabilities (s.32)

Making accessible copies for individuals with disabilities.

Must be non-commercial and specifically for accessibility purposes.

Temporary Reproduction for Technical Processes (s.30.71)

IT systems may make transient copies as part of a technical process.

Must have no independent economic value and exist only temporarily.

Applying Exceptions in Practice

  • Confirm the purpose aligns with fair dealing, education, research, or accessibility.
  • Use only the amount necessary to achieve that purpose.
  • Include attribution wherever feasible.
  • Avoid circumventing digital locks (e.g., paywalls, DRM).
  • Keep copies within secure university systems (e.g., OWL, OneDrive, library platforms).

If uncertainty remains, apply the Fair Dealing analysis tool or contact Copyright Services.

Relationship to Fair Dealing and Licenses

Exceptions work in addition to, not instead of, Fair Dealing. When more than one pathway could apply, choose the option that:

  1. Provides clear legal basis; and
  2. Minimizes administrative burden.

For example:

  • Using a small portion of a work for a course reading → Fair Dealing
  • Showing an entire documentary in class → Educational Performance Exception (s.29.5)
  • Uploading an article through a library link → Licensed Content

Common Misunderstandings

  • “It’s for teaching, so anything goes.”
    Incorrect. The exception must be one specifically listed in the Act, and usage must remain within its boundaries.
  • “If it’s on the internet, it’s free to use.”
    Not necessarily. Only material that is clearly licensed for reuse or in the public domain is free to copy.
  • “Fair Dealing covers all classroom copying.”
    Fair Dealing is broad but still subject to fairness analysis; exceptions like s.29.5 can be simpler when they fit.

Best Practices

  • Keep a record of how the exception applies (especially for recurring uses).
  • Provide attribution wherever possible.
  • Link rather than upload full copies when feasible.
  • Check with Western Libraries if a licensed version is available.

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