Fair dealing
How BC law treats it
Copyright is federal law, so the same rules apply in BC as everywhere in Canada. Fair dealing is set out in the Copyright Act, RSC 1985, c C-42: section 29 covers research, private study, education, parody and satire; section 29.1 covers criticism and review; and section 29.2 covers news reporting. For the last two, the user must mention the source and, if given in the source, the author or performer. Fair dealing is not a defence of last resort. The Supreme Court of Canada describes it as a user's right that must be interpreted generously (CCH Canadian Ltd v Law Society of Upper Canada, 2004 SCC 13). A fair dealing for an allowable purpose is not infringement. A use is analyzed in two steps. First, is it for an allowable purpose? Second, is it fair? CCH lists the factors: the purpose of the dealing, its character, the amount taken, alternatives to the dealing, the nature of the work, and the effect on the work. Later cases applied these to consumer song previews (SOCAN v Bell Canada, 2012 SCC 36) and to university copying guidelines (York University v Canadian Copyright Licensing Agency (Access Copyright), 2021 SCC 32). Canada has no general US style fair use defence. A commercial purpose does not rule out fair dealing, but it weighs in the analysis. Unfair use is infringement, and for commercial infringement a copyright owner may elect statutory damages of $500 to $20,000 per work under section 38.1.
What it means for your business
Businesses quote, excerpt and reuse content every day in marketing, training, product reviews and internal research. Fair dealing permits some of this without a licence, but only for the listed purposes and only if the use is fair. Copying a whole image or article for advertising is unlikely to qualify. Because statutory damages for commercial infringement can be awarded per work without proof of loss, a business with many uses of unlicensed content can face significant exposure. Example: A Vancouver tech blog publishes a critical review of a new app and includes two short screenshots with the developer's name. This is likely fair dealing for review. Using the same screenshots in a paid ad campaign would not be.
Risks and common mistakes
Assuming the US fair use doctrine applies in Canada. Believing any use for an education or research purpose is automatically fair, without considering the amount taken and the effect on the work. Omitting the source and author when relying on criticism, review or news reporting. Assuming that crediting the creator alone makes a use fair. Treating content found online as free to use in commercial marketing.
Key authorities
- Copyright Act, RSC 1985, c C-42, ss. 29, 29.1, 29.2
- Copyright Act, RSC 1985, c C-42, s. 38.1
- CCH Canadian Ltd v Law Society of Upper Canada, 2004 SCC 13
- Society of Composers, Authors and Music Publishers of Canada v Bell Canada, 2012 SCC 36
- York University v Canadian Copyright Licensing Agency (Access Copyright), 2021 SCC 32
Frequently asked questions
Does Canada have fair use?
No. Canada has fair dealing, which is narrower than US fair use. The use must be for a purpose listed in the Copyright Act, such as research, education, parody, satire, criticism, review or news reporting, and it must also be fair.
How do courts decide if a dealing is fair in Canada?
Courts consider the purpose and character of the dealing, the amount taken, alternatives available, the nature of the work, and the effect on the work. No single factor decides the case, and commercial purposes weigh against fairness without ruling it out.
What are statutory damages for copyright infringement in Canada?
For commercial infringement, a copyright owner may elect statutory damages of $500 to $20,000 per work instead of proving actual loss. Lower amounts apply to non-commercial infringement.
Related terms
Copyright | Infringement | Moral rights | Public domain | Intellectual property | Licence
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice; get advice on your own situation.
