Does Fair Dealing apply to online materials? Last Updated: Mar 23, 2023 Views: 53
Materials found on the Internet are afforded the same copyright protection as print materials. This includes all text, graphics, images, sound, video, news and games, as well as postings to newsgroups and e-mail messages.
Before copying something found on a website (the work also needs to be fully cited), you must consider the Six Fair Dealing Factors below and you should only use a legally-posted copy.
Fair Dealing Factors
The purpose of the copying
- Is the copying for one of the following purposes: education, research, private study, criticism or review, news reporting, parody or satire?
- The copy is not meant to replace your course text
The amount of the copying
- How much is being copied? One chapter from a book or one article from a journal may be considered fair.
The character of the copying
- How broadly will the work be distributed?
- Will it be accessible only to eligible students?
Alternatives to copying the work
- Is the same or equivalent work available in the library databases?
- Is there a non-copyrighted alternative?
The nature of the work
- Including whether it is published or unpublished
The effect of the copying on the work
- Will the copying undermine the market for the work?
Content retrieved from password-protected websites cannot be reproduced without consent, though there are some exceptions:
Ideas
- Copyright protects the way in which information is presented, it does not protect facts, ideas or information. Taking information from another website and expressing it in your own words does not infringe copyright.
Public Domain
- Material in the public domain is not protected by copyright and can be copied freely. Works typically become public domain 70 years after the death of the author or creator, but this can be tricky to determine as other factors come into play.
- An author may also choose to place an item in the public domain by including a notice which grants permission for copying. In this case, there are often conditions on the use of the material, including credit to be given to the author.
Titles, names & slogans
- Short combinations of words, such as titles, names and slogans, are not generally protected by copyright.
Need assistance? The Fair Dealing Analysis Tool from Seneca Libraries can help you determine if your copying falls under Fair Dealing.
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