Fair use
Fair use is a United States copyright doctrine and does not apply in Canada. The nearest Canadian concept is fair dealing, an exception under the Copyright Act that allows use of a copyrighted work without permission if it is for an allowable purpose, such as research, education, criticism or news reporting, and the dealing is fair.
How BC law treats it
Fair dealing is set out in ss. 29 to 29.2 of the Copyright Act, RSC 1985, c C-42. A use must first fall within an allowable purpose, and then be fair, assessed under factors from CCH Canadian Ltd v Law Society of Upper Canada, 2004 SCC 13, including the purpose, character and amount of the dealing.
What it means for your business
A business should not rely on US fair use guidance when using others' content in Canada.
Risks and common mistakes
Using copyrighted material for commercial marketing rarely fits within a fair dealing purpose.
For the full explanation, see our entry on Fair dealing.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
