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Fair Dealing Guidelines
What is Fair Dealing?
Fair Dealing is an important user right in Canadian copyright law that allows the use of copyrighted material without permission or payment, under certain conditions.
At Western University, Fair Dealing enables instructors, researchers, and students to copy limited portions of works for specific purposes such as research, private study, education, criticism, review, news reporting, parody, or satire.
These guidelines help Western’s faculty, staff, and students understand how to apply Fair Dealing responsibly and lawfully.
You may rely on Fair Dealing only if your use fits one of the following purposes recognized by the Copyright Act:
- Research
- Private study
- Education
- Parody or satire
- Criticism or review
- News reporting
If your purpose does not fit one of these categories, Fair Dealing does not apply.
If the purpose qualifies, assess whether the amount and manner of copying are fair.
The Supreme Court of Canada has identified six factors to help make this judgment:
- Purpose of the dealing – Why is the material being copied?
- Character of the dealing – How is it being used or distributed?
- Amount of the dealing – How much of the work is copied?
- Alternatives to the dealing – Could a non-copyrighted source be used instead?
- Nature of the work – Is the work published or confidential?
- Effect of the dealing – Would this use harm the market for the original work?
No single factor determines fairness — consider all six together.
How Much Can I Copy?
When copying or distributing copyrighted material for research, private study, education, or teaching, the following limits apply:
- Up to 10% of a work, OR
- One chapter from a book, OR
- A single article from a periodical issue, OR
- An entire artistic work (e.g., photograph, diagram, chart) from a work containing multiple such works, OR
- An entire newspaper article or page, OR
- An entire poem or musical score provided it is short and from a collection, OR
- An entire entry from a reference work (e.g., encyclopedia, dictionary).
These thresholds are designed to balance access to information with respect for creators’ rights.
Note: Copying multiple short excerpts from the same source, with the effect of reproducing a substantial part of the work, is not considered fair.
Sharing with Students
You may distribute fair excerpts to students in several approved ways:
- Include readings or excerpts in a learning management system (LMS) that is password-protected and restricted to enrolled students.
- Print and distribute copies for classroom use.
- Include excerpts in presentation slides, lecture notes, or course packs prepared for educational use.
Each excerpt should include a citation and a copyright notice (see Attribution Library).
What You Should Avoid
The following practices fall outside Fair Dealing and are not permitted:
- Posting copyrighted material publicly online (outside password-protected systems).
- Copying or distributing an entire textbook or journal issue.
- Circumventing digital locks (e.g., DRM, paywalls).
- Copying material for commercial gain or redistribution.
- Using unlicensed or pirated copies.
When in doubt, contact copyright@uwo.ca for guidance.
Responsibilities of Faculty and Graduate Students
Western’s community members share responsibility for ensuring that copyright use aligns with both Canadian law and University policy.
Faculty and graduate students should:
- Review course materials for copyright compliance before posting.
- Respect license terms for library e-resources.
- Seek permission when use exceeds Fair Dealing limits.
- Refer students to the Copyright @ Western website for guidance.