Fair Use

Fair use is not a concept recognized in Canadian law.

It is a doctrine in U.S.-style copyright law that is similar to the Canadian system of fair dealing. But it is open-ended system, meaning it adopts a non-exhaustive set of uses, and focuses on principles for determining whether a use strikes an equitable balance between user and copyright holder interests.

Fair use is a more permissive system than fair dealing, and allows for the transformative use of copyrighted works. Transformative use means that new expression or meaning has been added to a work, giving it a character of originality.

The term “fair use” is more expansive than “fair dealing” and the terms should not be used interchangeably.

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