Fair dealing

Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations.

Fair dealing is an enumerated set of possible defences against an action for infringement of an exclusive right of copyright. Unlike the related United States doctrine of fair use, fair dealing cannot apply to any act which does not fall within one of these categories, although common law courts in some jurisdictions are less stringent than others in this regard.[1] In practice, however, such courts might rule that actions with a commercial character, which might be naïvely assumed to fall into one of these categories, were in fact infringements of copyright, as fair dealing is not as flexible a concept as the American concept of fair use.

There are similar limitations and exceptions to copyright, such as the right to quote, also in the Berne Convention and in the laws of civil law jurisdictions.

  1. ^ "The Fair Use/Fair Dealing Handbook" (PDF). infojustice.org. American University Program on Information Justice and Intellectual Property.

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