The Many Histories of Fair Dealing

Abstract

Seeking to fill a gap in scholarly literature, the presenters have compiled a detailed account of fair dealing’s development through the twentieth and into the twenty-first century. Three streams of influence exerted on fair dealing are addressed: i) government analyses and statutory changes; (ii) the postsecondary sector’s concerns regarding use of copyright-protected materials; and (iii) judicial decisions having some affinity to educational copying practices. The authors hope this 40+ years of history can contribute to a better understanding of fair dealing and place the exception on more solid ground in the years to come.