Fair Use / Fair Dealing Disclaimer

*This not-for-profit educational/ informational website and all relevant content is for educational purposes only and to the best of our knowledge is being used under Fair Dealing/Fair Use Act guidelines and within Canadian and United States standards of fair dealing/fair use*

What is fair dealing?

Fair dealing is for everyone.  You probably make use of fair dealing every day without even realizing it, whether emailing a news article to a friend, using a clip from a song, using a copyrighted image on social media, or quoting passages from a book when writing an essay.  Activities such as these are not considered to be copyright infringement – in fact, the ability for users to make copies for specific purposes is an integral part of the Canadian Copyright Act.

The Canadian Copyright Act allows the use of material from a copyright protected work (literature, musical scores, audiovisual works, etc.) without permission when certain conditions are met. People can use fair dealing for  research, private study, education, parody, satire, criticism, review, and news reporting. In order to ensure your copying is fair, you need to consider several factors such as the amount you are copying, whether you are distributing the copy to others, and whether your copying might have a detrimental effect on potential sales of the original work.

What is the purpose of fair dealing?

Fair dealing recognizes that certain uses of copyright protected works are beneficial for society. By placing limits on instances where copyright owners can require payment, fair dealing leads innovation, to the creation of new works and new scholarship. The Supreme Court of Canada increasingly refers to copyright as providing a balance between the rights of users and of copyright owners.

Fair dealing has a large, positive impact, including for:

  • Educators and students at all levels,
  • Creative professionals (journalists, authors, filmmakers, musicians, etc.),
  • Individuals who want to use, copy or share portions of copyright protected works in their daily lives.

Useful Readings and Resources:

Relevant Supreme Court Decisions:

Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), [2012] 2 S.C.R. 345, 2012 SCC 37 – see decision

Society of Composers, Authors and Music Publishers of Canada v. Bell Canada, [2012] 2 S.C.R. 326, 2012 SCC 36 – see decision

CCH Canadian Ltd. v. Law Society of Upper Canada, [2004] 1 S.C.R. 339, 2004 SCC 13 – see decision

Théberge v. Galerie d’Art du Petit Champlain inc., [2002] 2 S.C.R. 336, 2002 SCC 34 – see decision

THE UNITED STATES CALLS THIS “Fair Use”

Copyright Disclaimer under section 107 of the Copyright Act of 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research.

Fair use is a use permitted by copyright statute that might otherwise be infringing.

Fair Use Definition:

Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as commentary, criticism, news reporting, research, teaching or scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test.

FAIR DEALING / USE NOTICE:
http://www.copyright.ualberta.ca/UofA_FairDealing.pdf

Fair dealing is a statutory exception to copyright infringement. It is a defence, with the burden of proof upon the defendant. To qualify under the fair dealing exception, the dealing must be for a purpose enumerated in sections 29, 29.1 or 29.2 of the Copyright Act of Canada (research, private study, education, parody, satire, criticism or review and news reporting), and the dealing must be fair. The Copyright Act allows a FAIR DEALING exception that permits the use of a substantial portion of a copyright work for the purpose of research, private study, criticism or review, or news reporting. We work to adhere to the guidelines set forth under the fair dealing sections by providing information related to education and research as well as news reporting related directly to ocean awareness, health and ocean plastic pollution.  This non-profit foundations use of content is in accordance with “Fair Dealing” guidelines.

https://www.mcmaster.ca/policy/AdminAcad/AcadAdmin/Fair%20Dealing%20Policy%20Nov%202013.pdf

This non-profit user interactive website, may contain copyrighted material; either added by public users or administrators; however this is not generally intended, nor encouraged without proper source citation. Such relevent material is made available for research and educational purposes, for ocean awareness purposes, to advance understanding of human rights, democracy, scientific, moral, ethical, and social justice issues, etc. This constitutes a ‘fair use’ of any such copyrighted material as provided for in Title 17 U.S.C. section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes and for direct purpose of cleaning the ocean of plastic debris, creating awareness of other organizations doing the same, connecting a global community of concerned individuals and organizations all for free for the betterment of our ocean and it’s future wellbeing. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner, this includes our own expedition photos without watermarks. May we all work together towards a better planet for all beings who call this home.

The Ocean Legacy Foundation
oceanlegacy.ca
MAILING ADDRESS:
Box 30082 Parkgate
North Vancouver, BC
V7H 2Y8

The Ocean Legacy Foundation is a federally registered Canadian non-profit, certificate of Incorporation number:  907885-1

Note: All grievances or comments regarding copyrighted content on our website are taken very seriously. We endeavour to uphold copyright laws in our continent of residence North America, specifically Canada and the United States.  Please use the contact form if you wish to have your copyrighted material removed from our website we will comply within 48 hours of written/email notice. We will not provide compensation for previous use as these fees are detrimental to the operation of our important environmental non-profit organization. Thank you for your understanding and patience.