What is a Fair Dealing

posted Jul. 25, 2008



In Canada, the principal exception to the exclusive rights of copyright holders is called fair dealing. Fair dealing creates a limited number of exceptions, including private study, research, criticism, review and news reporting. This list is exhaustive, such that fair dealing applies only to those categories of dealings that are specifically mentioned.
Things that are legal in the United States under fair use but not clearly legal in Canada under fair dealing?
Sadly in Canada, unlike the Unites States, parody is not a specifically recognized defence to infringement. The United States, in contrast, has clearly identified parody as falling within the ambit of fair use. The precise degree of protection in the United States is unclear, with courts drawing a fuzzy line that separates parody, which is protected, and satire, which, arguably, is not. However, though its precise limits are unclear, parody is afforded at least some protection in the USA.
Sadly this video by JibJab called Time For Some Campaignin' would not be legal in Canada!
Doesn't Seem Fair!!!