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What is fair dealing?

The Copyright Act deems certain activities known as "fair dealing" to be non-infringing. In order for an activity to be a fair dealing it must occur in the context of research, private study, criticism, review or news broadcasting and it must also qualify as fair pursuant to the test outlined by the Supreme Court of Canada. For greater clarity Memorial University, along with other members of the Association of Universities and Colleges of Canada (AUCC) has interpreted what qualifies as fair dealing in the university context, and has created and endorsed a Fair Dealing Policy. In order to clarify the provisions of this policy, it has also adopted, in common with some AUCC universities, a Fair Dealing FAQ that answers common questions arising from the Fair Dealing Policy.

The Quick Reference Tables provide some examples of activities that qualify as fair dealing. When the tables indicate the Fair Dealing Policy as the source of permission, no further permission is needed as long as Memorial's policy is followed. Anytime a work, or a portion of a work, is copied in accordance with fair dealing full attribution should be given to the copyright holder.

For questions regarding fair dealing please refer to Memorial's Fair Dealing Policy and FAQ or contact the Copyright Office. It is your responsibility to avoid infringement under the Copyright Act. Memorial University is not responsible for any acts that infringe copyright.

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