Fair Dealing

Policy Number
3109
Responsibility
VP Academic
Approved
Board of Governors
Effective Date
November 02, 2012
Amended
March 24, 2022
Context/Purpose

The purpose of this Policy is to affirm that the Justice Institute of British Columbia (“JIBC” or the “Institute”) has adopted Colleges and Institute Canada’s (“CICan”) Fair Dealing Policy and its guidelines in order to ensure that JIBC complies with Canadian copyright law.

Policy Statement

In 2012, CICan created a Fair Dealing Policy with guidelines to help colleges and institutes across Canada work in accordance with the Copyright Act and the Supreme Court of Canada’s copyright decisions.

The Institute adopts CICan’s Fair Dealing Policy and its guidelines to ensure that JIBC complies with the Copyright Act and observes the fair dealing provisions of the Copyright Act.

Guidelines for fair dealing are available in the JIBC Library’s Copyright Guide

Scope

This Policy applies to all Institute employees, students, and contractors who reproduce and use copyright protected works in all media and formats in the course of Institute teaching, learning, research, and administrative activities.

Definitions

Copyright – Copyright is the legal right to produce, reproduce, publish or perform an original literary, artistic, dramatic or musical work. In Canada, copyright law is governed by the Copyright Act and is a balance between owner’s rights and user’s rights.

Employees – For the purpose of this policy, employees are defined as faculty (including sessional and seconded personnel) and staff.

Fair Dealing – A user’s right in the Copyright Act that allows copying of short excerpts of copyright protected materials without payment or permission from the copyright owner. There are eight allowable purposes under fair dealing including research, private study, education, criticism, review, parody, satire, or news reporting.

Works – Published and unpublished creative works such as:

  • Literary works including manuscripts, tables, and computer programs;
  • Dramatic works including recitation, choreography, mime, play, cinematography with dramatic elements;
  • Musical works including a musical composition; and
  • Artistic works including paintings, drawings, maps, charts, plans, photographs, engravings, sculptures, works of artistic craftsmanship and architectural works.

Procedures 

Alleged violations of this Policy are addressed through Policy 3108 Copyright Compliance.

Student Awareness 

Students are required to make themselves aware of all JIBC policies and procedures. Lack of awareness of this or any other JIBC policy does not excuse a student from responsibility for their actions. 

Employee Awareness 

Employees are required to make themselves aware of all JIBC policies and procedures. Lack of awareness of this or any other JIBC policy does not excuse an employee from responsibility for their actions. 

Related Policies and Procedures

Documents and Forms