Skip to main content

Copyright Guide: Fair Dealing Copying Guidelines

Copying Guides - Excerpt From NSCAD's Fair Dealing Policy

I.                   Copying Guidelines

1.  Except where otherwise stated, these guidelines apply to a university making a single copy from a work protected by copyright for the purposes of research, private study, review, criticism, parody, satire, or news reporting in circumstances in which the consent of the owner of copyright has not been secured and is not required by reason of the fair dealing exception in the Copyright Act. Permission from a copyright holder may be required where the copy falls outside of these guidelines.

2.  Single copies that are permitted to be made pursuant to this policy must be made only from publications in which copyright subsists, such as, books, journals and other periodical publications, newspapers and magazines ("Published Works"). A copy may only be made from a lawful copy of the work in the possession of the university, and if the lawful copy is in electronic form, there is no restriction against making a copy under the contractual terms relating to the Published Work.

3. No copying may exceed 10 per cent of a Published Work, other than a textbook produced primarily for the post secondary education market, or the following, whichever is greater:

(a)  an entire chapter from a book provided that it does not exceed 20 per cent of the book
(b)  an entire article from a periodical publication;
(c)  an entire short story, play, poem or essay from a book or periodical publication;
(d)  an entire entry from an encyclopedia, dictionary, annotated bibliography or similar reference book;
(e)  an entire reproduction of an artistic work from a book or periodical publication; and
(f)   a single musical score from a book or periodical publication.

4.  No copying may exceed 5 per cent of a textbook produced primarily for the post secondary education market, or the following, whichever is greater:

(a)  an entire chapter from a textbook provided that it does not exceed 10 per cent of the textbook;
(b)  an entire short story, play, poem or essay from the textbook provided that it does not exceed 10 per cent of the textbook; and
(c)  an entire reproduction of an artistic work or a single musical score from the textbook provided that it does not exceed 10 per cent of the textbook.

5.  Notwithstanding any of the other provisions of these guidelines, no copies may be made of the following:

(a)  any of the works referred to in paragraphs 3(b) to 3(f) of these guidelines where the publication containing the work does not contain other works. For example, no copy may be made of a play from a publication containing the play but no other work;
(b)  unpublished works, subject to the provisions of paragraph 10 below;
(c)  proprietary workbooks, work cards, assignment sheets, tests and examination papers;
(d)  instruction manuals;
(e)  newsletters with restricted circulation intended to be restricted to a fee paying clientele; or
(f)   business cases which are made available for purchase.

6.  Each paper copy made pursuant to Parts II, III and IV of these guidelines shall contain, on at least one page, the name of the author or artist (where known), the title of the publication from which the copy was made, the name of the publisher of that publication and the following statement:

This copy is made solely for the use by a student, staff member, faculty member or library patron for research, private study, review, criticism, satire, parody, or news reporting. Any other use may be an infringement of copyright if done without securing the permission of the copyright owner.

7.  Each electronic copy made pursuant to Parts II, III and IV of these guideline shall have the information and statement referred to in paragraph 6 on at least one page, except for an electronic copy made available from a server pursuant to these guidelines, where that information and statement could instead be associated with the copy such that notice of that information and statement would come to the attention of the person who accesses the copy.   

8.  If a fee is charged for making a copy the fee is set no more than an amount representing a reasonable approximation of the actual cost of making and delivering the copy.

9.  University staff shall use reasonable efforts to guard against systematic, cumulative copying from the same work which in total exceeds the portion of the work that may be copied pursuant to these guidelines and to ensure that the number of copies made complies with this policy. If university staff suspects that a student, other staff member or faculty member is engaged in systematic, cumulative copying, the matter must be referred to the university staff member responsible for administering this policy or his or her delegate for review, and any further requests from that student, staff member or faculty member for a copy may be refused.

10.  Requests for the making of copies which fall outside these copying guidelines and requests for making of copies of unpublished works may be referred to the university staff member responsible for administering this policy or to his or her delegate for evaluation. A determination will be made as to whether the proposed copies are permissible in all the circumstances relating to the requests and may ultimately be refused. The evaluation will examine all relevant circumstances, including:

(a)  the purpose of the proposed copying, including whether it is for research, private study, review, criticism or news reporting;
(b)  the character of the proposed copying, including whether it involves single or multiple copies, and whether the copy is destroyed after it is used for its specific intended purpose;
(c)  the amount or proportion of the work which is proposed to be copied and the importance of that work;
(d)  alternatives to copying the work, including whether there is a non-copyrighted equivalent available;
(e)  the nature of the work, including whether it is published or unpublished; and
(f)  the effect of the copying on the work, including whether the copy will compete with the commercial market of the original work.