Fair dealing exceptions

The fair dealing exceptions in the Copyright Act allow you to copy limited amounts of copyright material without the permission of the copyright owner for the following purposes:

  • research or study – this exception allows you to copy for your research or study. This exception is relevant to the University community and is it is discussed in the section Copying for research or study.
  • criticism or review - this exception allows you to can copy material to make a critical analysis of or judgement about a work. There must be a serious attempt to review or critique the work.
  • parody or satire - this is a new exception and has not been tested in the courts. The Act does not specify particular meanings for parody and satire and it is anticipated that the usual dictionary definitions of the terms will apply. It is important that the moral rights of the creators of the works be taken into account when relying on this exception.
  • reporting the news - under this exception you can copyright material when reporting news in a newspaper or magazine, film or a radio or TV broadcast provided your primary purpose is to report news not simply to provide entertainment.
  • judicial proceedings or professional advice – under this provision you can copy material to be used fin judicial proceedings, reporting judicial proceedings or the giving of professional advice by a legal practitioner

In each of these cases your use of the material must be ‘fair’ and you must acknowledge the author or creator of the work under the Moral Rights clauses of the Copyright Act.