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Copyright and Related Issues: Fair Use/Dealing

This Libguide is a useful guide on international, regional and South African copyright and related issues.

Fair Use - Around the World

Australia - Moving towards Fair Use

Canada - Fair Dealing - Shift to Fair Use?

Fair Use - Compatibility with Berne 3 Step Test

Best Practices / Guidelines on Fair Use

Explaining Fair Use (YouTube)

Fair Use in South Africa (Video)

Useful quotes on fair use

"A well-recognized strength of the fair use doctrine is the considerable flexibility it provides in balancing the interests of copyright owners in controlling exploitations of their works and the interests of subsequent authors in drawing from earlier works when expressing themselves, as well as the interests of the public in having access to new works and making reasonable uses of them". (Source:  Pamela Samuelson. Unbundling Fair Uses, 77 Fordham L. Rev. 2537 (2008)  


"Fair use does not “free ride” on original copyright as it neither reduces the economic value of the work nor does it substitute the original. Thus, it does not affect the return on the work and therefore, the incentive. Rather, it lowers the social cost as it allows others to use the work". (Source: Pankhuri Agarwal,  SpicyIP Fellowship 2019-20: Article 13 (of the EU Directive) and The Economics of Copyright Enforcement in the Digital Age, SpicyIp, April 25, 2019 -

Why a Fair and Balanced Copyright law is necessary in the digital environment


Fair use and text and data mining

Michael Geist on the Impact of Copyright and Fair Use on Innovation