Fair dealing in the UK is a legal term used to establish whether a specific use of copyright material is lawful or whether it infringes copyright. There is no statutory definition of fair dealing – it will always be a matter of fact, degree, impression and interpretation in each case.
The amount should be as much as a fair-minded and honest person would consider just, and it is not an excuse to infringe copyright.
Relevant factors in determining whether a particular dealing with a work is fair include:
- Does using the work affect the market for the original work? If the use of a work acts as a substitute for it, causing the owner to lose revenue, then it is not likely to be fair.
- Is the amount of the work taken reasonable and appropriate? Was it necessary to use the amount that was taken? Usually, only part of a work may be used.
‘Fair dealing’ is not to be confused with ‘Fair use’, a doctrine in the law of the United States.
Other countries’ copyright laws may refer to similar variations to the concept: fair use, fair dealing, free use and fair practice all allow some lawful use or reproduction of work without having to seek permission from the copyright owner(s) or infringing their interest.
Fair dealing and the reuse of Creative Commons licensed works
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The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.
