General fair dealing
There are some factors (non-exhaustive) that are taken into account when deciding whether copying in a certain situation is a ‘fair-dealing’:
- The purpose and nature of the dealing, including whether such dealing is of a commercial nature or is for non-profit educational purposes
- The nature of the work
- The amount and significance of the work copied, in relation to the whole ;
- The effect of the dealing upon the potential or value of the work
- The possibility of obtaining the work within a reasonable time at an ordinary commercial price
If you copy works for a specific purpose of research and study, it is considered fair dealing so long copying limits are observed. For a published work of at least 10 pages, the copying limit is 10% of the total number of or one chapter of the work, whichever is greater.
Specific Fair Dealing Defences
There are also specific fair dealing scenarios where use of a work would not constitute infringement:
- Fair dealing for purpose of criticism or review
Where the work is used for the purpose of criticism or review, of that work or another work, and is accompanied by a sufficient acknowledgement of the work
- Fair dealing for purpose of reporting current events
Where the work is used for the purpose of reporting current events in newspapers, magazines or periodicals and is accompanied by sufficient acknowledgement of the work.