Fair dealing refers to the practice of conducting business with integrity and transparency, particularly when an individual in a leadership position is involved. It also entails disclosing any personal benefits that may be derived from a transaction when handling other people’s finances. In Canada, fair dealing is akin to fair use, which entails utilizing someone else’s work in a reasonable and lawful manner.
Fair dealing is the practice of conducting business with complete transparency, typically by a corporate officer within the company. It is a legal term that refers to the behaviour of a fiduciary who engages in business transactions while ensuring that all parties involved are fully informed about the potential benefits and any other relevant information regarding the transaction. For instance, if a corporate officer is contemplating a business deal that could personally benefit them, they must disclose this information to all interested parties, such as shareholders or board members. This ensures that everyone involved is aware of any potential conflicts of interest and can make an informed decision on whether to proceed with the deal. In Canadian law, fair dealing is similar to the concept of fair use in the United States. It allows for the use of copyrighted material for specific purposes, such as research, private study, criticism, review, or news reporting, without obtaining permission from the copyright holder. An example of fair dealing in action would be a student using a small excerpt from a copyrighted book in their research paper. As long as the use serves a specific purpose and does not negatively impact the market value of the original work, it is considered fair dealing.
Fair dealing is a legal concept that allows for the use of copyrighted material without permission from the copyright holder under certain circumstances.
The criteria for fair dealing vary by jurisdiction, but generally include factors such as the purpose of the use, the nature of the copyrighted work, the amount of the work used, and the effect of the use on the market for the original work.
Examples of fair dealing may include using copyrighted material for the purpose of criticism, review, news reporting, research, private study, or education.
The amount of copyrighted material that can be used under fair dealing varies by jurisdiction and depends on the specific circumstances of the use.
Using copyrighted material for commercial purposes is less likely to be considered fair dealing, as the purpose of the use is a key factor in determining whether it is fair.
While giving credit to the copyright holder is not a requirement for fair dealing, it is generally considered good practice to do so.
The commercial nature of the use is just one factor in determining fair dealing, so not making money from the use does not automatically make it fair.
Students and educators may be able to use copyrighted material under fair dealing for the purpose of research, private study, or education, but the specific circumstances of the use will determine whether it is fair.
Using copyrighted material for the purpose of creating a parody or satire may be considered fair dealing, as these uses are often protected as forms of criticism or review.
If you are unsure whether your use of copyrighted material qualifies as fair dealing, it is best to seek legal advice or permission from the copyright holder to avoid potential infringement.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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