Fair dealing is a legal provision in copyright law that permits the use of copyright-protected material without permission from the copyright holder under specific circumstances and for particular purposes, provided the use is "fair."
This exception allows individuals to use other people's copyright-protected material for purposes such as research, private study, education, satire, parody, criticism, review, or news reporting. The concept of "fairness" is crucial and typically involves considering factors like the purpose and character of the dealing, the amount and substantiality of the portion used, the availability of alternatives, and the effect of the dealing upon the original work.
Common Fair Dealing Scenarios
Understanding fair dealing often comes down to recognizing its application in everyday situations. Here are some practical examples categorized by their purpose:
| Purpose of Use | Example Scenario | Explanation and Practical Insight |
|---|---|---|
| Research | A university student quotes a few paragraphs from an academic journal article in their thesis to support an argument. | The student is using the material to contribute to new knowledge or analysis, not to republish the original work. The amount used is limited and properly attributed. |
| Private Study | An individual makes a single digital copy of a chapter from an e-book for their personal notes and learning. | The use is for individual, non-commercial learning and development. It's for personal consumption, not for sharing or distribution. |
| Education | A teacher shows a short clip from a documentary in a classroom to illustrate a historical event. | The clip is directly relevant to the lesson, used for instructional purposes, and typically a small portion of the entire work. It enhances learning without replacing the need to purchase the original. |
| Satire | A comedian creates a skit that humorously imitates a popular song's melody and lyrics to poke fun at a public figure. | The purpose is to ridicule or comment on something, often by exaggerating or twisting the original. The original work is used as a vehicle for the comedic comment, not as the primary subject. |
| Parody | A YouTuber re-creates a famous movie scene with their own actors, adding comedic twists to mock the original film's clichés. | Parody uses an original work to create a new, distinct work that humorously critiques or comments on the original, or something else entirely. It generally requires taking enough from the original to be recognizable. |
| Criticism | A film critic includes a few still images from a movie in their online review to analyze the cinematography. | The images serve to illustrate points made in the review, providing evidence for the critic's analysis and opinion. The use is secondary to the critique itself. |
| Review | A book blogger quotes a short passage from a new novel in their blog post to discuss its writing style and plot. | Similar to criticism, a review uses excerpts to help readers understand the merits or demerits of a work. The quoted material supports the reviewer's assessment. |
| News Reporting | A news organization broadcasts a brief excerpt from a public speech during a news segment about a political event. | The use is for informing the public about current events. The clip is contextual, factual, and essential to reporting on the speech or event. |
Key Considerations for "Fairness"
While the examples above illustrate common applications, determining if a use is truly "fair" is a case-by-case assessment. Courts often look at several factors, including:
- Purpose and Character of the Dealing: Is the use for one of the permitted purposes (e.g., research, criticism)? Is it non-commercial or transformative (meaning it adds new expression or meaning)?
- Amount and Substantiality of the Dealing: How much of the copyrighted work was used? Was the "heart" or most significant part of the work taken? Generally, using less is more likely to be fair.
- Availability of Alternatives: Could the user have achieved their purpose without using the copyrighted work, or by using a non-copyrighted alternative?
- Effect of the Dealing on the Work: Does the use compete with the original work or harm its market? Fair dealing should not significantly undermine the economic interests of the copyright holder.
It's important to remember that fair dealing is a defense against copyright infringement, not a blanket permission. Always consider attribution and use the minimum amount necessary to achieve your legitimate purpose.
[[Copyright Exceptions]]
