Case law supports fair dealing for education
Fair dealing has always been part of Canadian copyright law. In 2012, fair dealing for education was added to the other kinds of fair dealing to clarify that, as the Supreme Court said, teachers and professors could share short excerpts with their students.
Canadian courts have affirmed educators’ use of fair dealing. Landmark Supreme Court of Canada decisions have:
- recognized fair dealing as essential for “the long-term interests of society” and as a “right” – a term with important legal significance
- created a legal method to determine when/how to use fair dealing
- ruled in five combined decisions that fair dealing was much broader than how the education sector had been using it up to that point, before Parliament added “education” to the Act