Understanding Copyright

The Copyright Decision Tool helps teachers decide whether or not “fair dealing” allows educational use of artistic works, audiovisual materials, etc. without getting copyright permission. The tool helps educators determine whether a specific intended classroom use is allowed by the Fair Dealing Guidelines.

Case #1

With published works like poems and musical scores, the process is very straight forward. If the work is from a copyright-protected work containing other works, and is used for educational purposes as a handout, the use is permitted under Fair Dealing. This allows for the entire poem or musical score to be copied for the purpose of education.

Case #2

With published artistic works, including paintings, prints, photographs, etc. The process is slightly more specific. If the work is from a copyright-protected work containing other works, and is to be used for a private study or research, the use will be permitted under Fair Dealing, and you may use the entire work. However, if you are planning on publishing your research, you may not include a copy of the artistic work with your publication, as doing so may not be considered fair dealing.

Case #3

The use of the copyright decision tool is also useful for published works like audiovisual works. If it is being used for educational purposes, and is to be distributed in class, the use is permitted under fair dealing. Presenting an audiovisual or sound recording in class is permitted as long as the copy was obtained legitimately and the audience consists primarily of students, instructors, or any person who is directly responsible for setting curriculum for the school. However, if you are using an audiovisual or sound recording found on the Internet, you may show it in class only if you reasonably think that the copyright holder permitted its use online.

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