New Fair Dealing Guidelines

PDAD&C#26, 2012-13

To: PDAD&C
From: Cheryl Misak, Vice-President & Provost
Date: November 5, 2012

RE: New Fair Dealing Guidelines

Copyright is an evolving legal concept, and recent developments have accelerated that evolution. This week, Bill C-11, the federal legislation that amends the Copyright Act, is expected to be proclaimed in force. Also of importance, during the summer the Supreme Court of Canada issued significant copyright decisions, including one involving the K-12 education sector. One component of copyright that continues to evolve is the concept of "fair dealing". These are activities involving copyrighted material that do not require the permission of the person or entity holding copyright, but that are considered to be "fair" in the circumstances.

As has been discussed in various fora, in recent months the University has been working diligently at updating its Fair Dealing Guidelines, with the aim of using them as part of its approach to copyright compliance. Those new Guidelines are attached. They, combined with existing licenses of various kinds, will assist our faculty and staff in their use of material that is subject to copyright. The next stage will be to develop practices (and practical guidance), in consultation with faculty and students, on specific topics and questions with respect to fair dealing.