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Copyright Exceptions

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Copyright Exceptions

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What Are Copyright Exceptions?

Some uses of copyrighted works are permitted by the Copyright Act without securing permission from the copyright holder. These uses are known as Exceptions to Copyright Infringement.

Fair Dealing
Under Canadian law, copying done for research, private study, criticism, review, or for news reporting does not infringe copyright because it is a legal exception called "fair dealing". However, there is little agreement on the scope of fair dealing. In the event of a dispute, the courts consider many factors, including how commercial the use is; the proportion of the work that's used; and the effect of the use on the potential market for the work.

Non-Profit Institutions
In addition to fair dealing, the Copyright Act has exceptions for certain categories of users. Non-profit educational institutions are permitted to make copies of and perform works free of charge in the classroom subject to certain restrictions. There is an exception for copyright works used at an educational institution for educational or training purposes when there are no commercial alternative works available.

Educational institutions can make copies of broadcast news and news commentary (excluding documentaries) and keep the copy on site for up to one year. All other radio and television broadcasts can be copied by educational institutions and evaluated for up to 30 days, after which a royalty set by the Copyright Board must be paid.

Non-profit libraries, archives and museums may copy copyright works in order to maintain and manage their collections, for insurance purposes, or to preserve a rare work that is deteriorating.

Perceptually Handicapped
Persons with perceptual difficulties (hearing, seeing) or their agents may copy a protected work to alternate formats such as braille, talking books or sign language without infringement if the work is not commercially available in the alternate format.For a complete list of exceptions to infringement, refer to the Copyright Act Fair Dealing and Other Exceptions

The Exceptions Wizard
The Exceptions Wizard lets you quickly determine if a work (content) that you're interested in is covered by a copyright exception.

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