Title: Section 29: Fair Dealing

Learning Objectives:

- Identify the eight purposes for fair dealing
- Recognize the limitation of relying on only the Copyright Act for understanding fair dealing
- Understand the difference between an illustrative list of fair dealing purposes and an exhaustive list

Q: Which of the following purposes are found both in the fair dealing exceptions in Canada and the fair use exceptions in the United States:
- Research, News Reporting, and Criticism (correct)
- Research, World Domination, Education
- Research, Scholarship, Comedy
- Research, The Common Good, Art

Q: Which of the following is not a purpose covered under the fair dealing exceptions in s. 29?
- Parody
- Research
- Private Study
- Informational Analysis (correct)

Q: To fully grasp the concept of fair dealing all you need is:
- The Copyright Act
- The Copyright Act and an understanding of how the applicable sections of the Act have been interpreted by the courts (correct)
- An omniscient Genie and at least one remaining wish

Q: In the Supreme Court of Canada cases SOCAN v Bell and CCH v. LSUC the court expressed that:
- There should be a generous interpretation of the fair dealing purposes (correct)
- There are four factors that need to be assessed when determining if a dealing is fair
- The fair dealing purposes are illustrative and are open to interpretation
- The purpose of the dealing is the only important factor in a fair dealing assessment

Q: The list of U.S. fair use purposes is illustrative rather than exhaustive because it includes the following before the list of purposes:
- “Like”
- “Such as” (correct)
- “Whatever”
- “Gag me with a spoon”

Q: In the Statutory Review of the Copyright Act the INDU committee recommended amending the list of fair dealing purposes to be:
- Illustrative (correct)
- Illustrious
- Exhaustive
- The opposite of the United States, whatever that is

Choose the correct statement.

Credits: Section 29: Fair Dealing; by University of Alberta; 2020; licence CC BY 4.0