Tuesday, June 4, 2013

Use of excerpts of copyright material on radio - Fair Dealing

There is a fairly comprehensive article about Fair Dealing on Wikipedia:  http://en.wikipedia.org/wiki/Fair_dealing_in_Canadian_copyright_law

This section is especially useful:

Sections 29, 29.1 or 29.2 of the Copyright Act of Canada create the fair dealing exception to copyright:
Research, private study, etc.
s.29 Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright.
Criticism or review
s.29.1 Fair dealing for the purpose of criticism or review does not infringe copyright if the following are mentioned:
(a) the source; and
(b) if given in the source, the name of the
(i) author, in the case of a work,
(ii) performer, in the case of a performer’s performance,
(iii) maker, in the case of a sound recording, or
(iv) broadcaster, in the case of a communication signal.
News reporting
s.29.2 Fair dealing for the purpose of news reporting does not infringe copyright if the following are mentioned:
(a) the source; and
(b) if given in the source, the name of the
(i) author, in the case of a work,
(ii) performer, in the case of a performer’s performance,
(iii) maker, in the case of a sound recording, or
(iv) broadcaster, in the case of a communication signal.[12]
To qualify under the fair dealing exception, the dealing must be for a listed purpose and the dealing must be fair.[13]

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