Fair Dealing Policy
I. Copying Guidelines
II. Interlibrary Loan
III. University Library Reserve
IV. Document Delivery
V. Faculty Member Fair Dealing
Version 2, Approved by the President and Vice-Chancellor, January 2011; Revised March 2011
Based upon the Fair Dealing Policy developed in cooperation with the Association of Universities
and Colleges of Canada.
The Fair Dealing Policy is also available as a PDF document.
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 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
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 Librarian, 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 Librarian, 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.
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II. Interlibrary Loan
11. This policy on interlibrary loan applies to a loan from one university library in Canada at the request of another university library in Canada for delivery to that library or for transmission to a student, staff member or faculty member of that other university. This policy does not apply to a loan from a university library to a public or commercial library or to a library located outside of Canada. Depending on the circumstances surrounding the request for the loan, this policy may apply by analogy. Specific consideration of all the circumstances would have to be given to determine whether this policy would apply by analogy.1
Paper Copies
12. A single copy may be made onto paper pursuant to the Copying Guidelines for interlibrary loan, subject to the following safeguards:
(a) the library making the copy has received written confirmation in
paper or electronic form from the library requesting the copy or from
the patron of that library that the patron requires the copy for
research, private study, review, criticism or news reporting, and that
the patron is a student, staff member or faculty member of the
university requesting the copy;
(b) where the patron requires the copy for review, criticism or news
reporting, the library making the copy advises that, in using the copy
for any of those purposes, the patron mentions:
(i) the source; and
(ii) if given in the source, the name of the author of the work; and
(c) where the purpose of making the paper copy is to use it to make
an electronic copy for use in interlibrary loan, the paper copy is
promptly destroyed after the electronic copy is made.
Electronic Copies
13. A single copy may be made in electronic form pursuant to the Copying Guidelines for interlibrary loan and may be transmitted to the library requesting the copy using Ariel or similar technology, subject to the following safeguards:
(a) the library making the copy has received written confirmation in
paper or electronic form from the library requesting the copy that the
patron of that library requires the copy for research, private study,
review, criticism or news reporting, that the patron requiring the copy
is a student, staff member or faculty member of the university
requesting the copy, and that once that library received the electronic
copy and makes a copy onto paper it will delete the electronic copy;
(b) where the patron requires the copy for review, criticism or news
reporting, the library making the copy advises that, in using the copy
for any of those purposes, the patron mentions:
(i) the source; and
(ii) if given in the source, the name of the author of the work;
(c) the library making the copy has received written acknowledgement
from the library requesting the copy that it will only use the
electronic copy transmitted to it for the purpose of making a copy onto
paper for the patron of that library that required the copy and will
delete the electronic copy once it has furnished the paper copy to its
patron; and
(d) the Ariel or similar technology used to transmit the copy is set
or configured so that the copy is deleted once the transmission is
completed.
14. A single copy may be made in electronic form pursuant to the Copying Guidelines for interlibrary loan and may be transmitted to a patron of the library requesting the copy in electronic form by desktop delivery, subject to the following safeguards:
(a) the library making the copy has received written confirmation in
paper or electronic form from the library requesting the copy that the
patron of that library is a student, staff member or faculty member of
the university requesting the copy;
(b) where the patron requires the copy for review, criticism or news
reporting, the library making the copy advises the patron of the library
requesting the copy that, in using the copy for any of those purposes,
the patron mentions:
(i) the source; and
(ii) if given in the source, the name of the author of the work;
(c) the library making the copy has, before transmitting the copy,
received written confirmation in paper or electronic form from the
patron of the library requesting the copy that the patron requires the
copy for research, private study, review, criticism or news reporting,
that the patron will only use that copy for research, private study,
review, criticism or news reporting, and that the patron will not
transmit the copy to any third party;
(d) the electronic copy is made available to the patron requesting
the copy either by email sent directly to the patron, or from a secure
server protected by a technological protection measure that ensures that
the copy is only made available to the patron requesting the copy;
(e) the electronic copy is transmitted to the patron requesting the
copy in PDF format or a similar format that restricts the copy from
being altered by the patron; and
(f) if transmitting the copy by email, the library deletes its sent
email once the email has been transmitted, and if making the copy
available from a secure server, the library deletes the copy stored on
its server once the patron requesting the copy has downloaded one copy
from the server and is not transmitted to another patron requesting a
copy.
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1 This policy has been written to clarify fair dealing for access to university library resources. Fair dealing, of course, has wider application and is legitimately and reasonably called upon in other contexts and circumstances. While this particular policy does not specifically address all such circumstances it can, as noted in clause 11 of the policy, apply by analogy in certain situations. It is not unreasonable to expect for example that, subject to a consideration of the facts, fair dealing would apply in the context of an interlibrary loan request from a local public library to a university library.
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III. University Library Reserve
15. This policy applies to paper copies made by a staff or faculty member for library reserve, and to electronic copies made by a staff member of the university library or other administrative unit from Published Works for a student of the university. This policy does not permit the making of copies for library reserve by a faculty member who is a course instructor.
Paper Copies
16. One paper copy for each 30 students in a course of instruction up to a maximum of 3 may be made onto paper pursuant to the Copying Guidelines for library reserve, subject to the following safeguards:
(a) the paper copies are made by or at the request of a faculty
member in respect of a specific course of instruction offered by the
university;
(b) the paper copies are made as an optional and supplementary source
of information for students and must be a small proportion (no more
than 25 per cent) of the required reading for a particular course, and
the university library has received, from the faculty member requesting
the copies, a written acknowledgement in paper or electronic form
confirming that the copies are intended as an optional and supplementary
source of information for students and that the copies amount to no
more than 25 per cent of the required reading for the course;
(c) the use of library reserve must not substitute for the purchase of books, course packs or other published materials;
(d) prior to loaning the paper copy to a student, the library has
received from the student a written acknowledgement in paper or
electronic form that he or she is a student enrolled in a course of
instruction at the university, that the student requires the copy for
research, private study, review, criticism or news reporting, and that
the student will not use the copy for any other purposes;
(e) where the student requires the copy for review, criticism or news
reporting, the library advises the student that, in using the copy for
any of those purposes, the student mentions:
(i) the source; and
(ii) if given in the source, the name of the author of the work;
(f) the paper copy is loaned to the student for a period of limited duration;
(g) the paper copy is destroyed within a reasonable time once the
course of instruction or series of courses it pertains to comes to an
end; and
(h) where the purpose of making the paper copy is to use it to make
an electronic copy for library reserve, the paper copy is promptly
destroyed after the electronic copy is made.
Electronic Copies
17. A single copy in electronic form may be made available to a student for library reserve from a university server pursuant to the Copying Guidelines, subject to the following safeguards:
(a) the electronic copy is made at the request of a faculty member in
respect of a specific course of instruction offered by the university;
(b) the electronic copy is made as an optional and supplementary
source of information for students and must be a small proportion (no
more than 25 per cent) of the required reading for a particular course,
and the university library has received, from the faculty member
requesting the copies, written acknowledgement in paper or electronic
form confirming that the copies are intended as an optional and
supplementary source of information for students and that the copies
amount to no more than 25 per cent of the required reading for the
course;
(c) the use of library reserve must not substitute for the purchase of books, course packs or other published materials;
(d) prior to providing a student with access to the electronic copy,
the library has received from the student a written acknowledgement in
paper or electronic form that he or she is a student enrolled in the
course of instruction at the university for which the copy was made,
that the student requires the copy for research, private study, review,
criticism or news reporting, that the student will not use the copy for
any other purpose, that the student will not transmit the copy to any
third party and that the student will only print out one paper copy from
the electronic copy;
(e) the electronic copy is made available to the student from a
secure server protected by a technological protection measure that
ensures that the copy is only made available to the students enrolled in
the course of instruction for which the copy was made;
(f) the electronic copy is made available to the student on a
read-only basis in PDF format or a similar format that prevents the copy
from being altered by the student; and
(g) the electronic copy made by the university is deleted once the
course of instruction or the series of courses it pertains to has come
to an end.
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IV. Document Delivery
18. This policy on document delivery applies to copies made by the university library from Published Works for a patron of the library.
Paper Copies
19. A single copy may be made onto paper pursuant to the Copying Guidelines for document delivery for a patron of the university library who is a student, staff member or faculty member of the university, subject to the following safeguards:
(a) the library has received written confirmation in paper or
electronic form from the patron that is a student, staff member or
faculty member of the university, and that the patron requires the copy
for research, private study, review, criticism or news reporting;
(b) where the student requires the copy for review, criticism or news
reporting, the library advises the student that, in using the copy for
any of those purposes, the student mentions:
(i) the source; and
(ii) if given in the source, the name of the author of the work; and
(c) where the purpose of making the paper copy is to use it to make
an electronic copy to provide to the patron, the paper copy is promptly
destroyed after the electronic copy is made.
20. A single copy may be made onto paper pursuant to the Copying Guideline for document delivery, for a patron who is not a student, staff member or faculty member of the university, subject to the following safeguards:
(a) the library has permitted the patron to have access to its
premises and the patron requests the copy while on the premises of the
library;
(b) the library has received written confirmation in paper or
electronic form from the patron that the patron requires the copy for
research, private study, review, criticism or news reporting; and
(c) where the patron requires the copy for review, criticism or news
reporting, the library advises the patron that, in using the copy for
any of those purposes, the patron mentions:
(i) the source; and
(ii) if given in the source, the name of the author of the work.
Electronic Copies
21. A single copy may be made in electronic form pursuant to the Copying Guidelines for document delivery for a patron of the university library, subject to the following safeguards:
(a) the library has received written confirmation in paper or
electronic form from the patron that the patron is a student, staff
member or faculty member of the university, that the patron requires the
copy for research, private study, review, criticism or news reporting,
that the patron will only use that copy for research, private study,
review, criticism or news reporting, and that the patron will not
transmit the copy to any third party;
(b) where the patron requires the copy for review, criticism or news
reporting, the library advises the patron that, in using the copy for
any of those purposes, the patron mentions:
(i) the source; and
(ii) if given in the source, the name of the author of the work;
(c) the electronic copy is made available to the patron requesting
the copy either by email sent directly to the patron, or from a secure
server protected by a technological protection measure that ensures that
the copy is only made available to the patron requesting the copy;
(d) the electronic copy is transmitted to the patron requesting the
copy in PDF format or a similar format that restricts the copy from
being altered by the patron; and
(e) if transmitting the copy by email, the library deletes its sent
email once the email has been transmitted, and if making the copy
available from a secure server, the library deletes the copy stored on
its server once the patron requesting the copy has downloaded one copy
from the server.
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V. Faculty Member Fair Dealing
22. This policy on faculty fair dealing applies to paper and electronic copies made from Published Works by a faculty member, or by a staff member of the university for a faculty member.
Paper Copies
23. A single copy may be made by a faculty member pursuant to the Copying Guidelines, subject to the following safeguards:
(a) the faculty member requires the copy for the faculty member’s
personal research, private study, review, criticism or news reporting;
and
(b) where the faculty member uses the paper copy for review, criticism or news reporting, the faculty member mentions:
(i) the source; and
(ii) if given in the source, the name of the author of the work.
24. A single paper copy may be made by a staff member of the university for a faculty member pursuant to the Copying Guidelines, subject to the following safeguards:
(a) the faculty member advises the staff member that the faculty
member requires the copy for the faculty member’s personal research,
private study, review, criticism or news reporting;
(b) the faculty member uses the copy for the faculty member’s
personal research, private study, review, criticism or news reporting;
and
(c) where the faculty member uses the paper copy for review, criticism or news reporting, the faculty member mentions:
(i) the source; and
(ii) if given in the source, the name of the author of the work.
Electronic Copies
25. A single copy in electronic form may be made by a faculty member pursuant to the Copying Guidelines, subject to the following safeguards:
(a) the faculty member requires the copy for the faculty member’s
personal research, private study, review, criticism or news reporting;
(b) where the faculty member uses the electronic copy for review, criticism or news reporting, the faculty member mentions:
(i) the source; and
(ii) if given in the source, the name of the author of the work; and
(c) the faculty member does not transmit the electronic copy to a
third party, except where the transmission is pursuant to the purpose of
review, criticism or news reporting.
26. A single copy in electronic form may be made by a staff member of the university for a faculty member pursuant to the Copying Guidelines, subject to the following safeguards:
(a) the faculty member advises the staff member that the faculty
member requires the copy for the faculty member’s personal research,
private study, review, criticism or news reporting;
(b) the faculty member uses the copy for the faculty member’s
personal research, private study, review, criticism or news reporting;
(c) where the faculty member uses the electronic copy for review, criticism or news reporting, the faculty member mentions:
(i) the source; and
(ii) if given in the source, the name of the author of the work.
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Sources
The Mount Fair Dealing Policy draws upon the following documents:
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