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