Fair Dealing Policy
The legal counsel for the Association of Universities and Colleges of Canada has prepared, and
recommends for adoption by each AUCC member outside Quebec that intends to operate under
the Access Copyright Post-secondary Educational Institution Tariff, 2011 to 2013 (the "Proposed
Tariff'), the attached fair dealing policy.
The fair dealing policy outlines the copying of published works that can be made in print or
electronic format by a university through its staff and faculty members under the exception for
fair dealing in sections 29 to 29.2 of the Copyright Act, without seeking permission of the
copyright owner. The policy does not apply to audio or video recordings.
The fair dealing policy does not address exceptions in the Copyright Act other than fair dealing.
Depending on the circumstances, other exceptions in the Act may also permit the copying of
works without the permission of the copyright owner. One example of an exception is section
29.4(1). It provides that it is not an infringement of copyright for an educational institution to
make a manual reproduction of a work onto a dry-erase board, flip chart or other similar surface
intended for the display of handwritten material. Another example is section 30.2 which provides
that it is not an infringement of copyright for a library to do anything on behalf of any patron that
the patron could do herself under fair dealing. Your institution may wish to include the fair
dealing policy in copyright guidelines or a copyright compliance policy that addresses other