Broadly, yes there is a difference. Both fair dealing and fair use allow you to use other copyrighted work in your own without breaking the law. Fair use allows for a lot more flexibility when it comes to using other works. Fair dealing, on the other hand, is more restrictive.
Fair use can mainly be distinguished from fair dealing because it applies more broadly than fair dealing. This is because fair use does not require the copyright material to be used for one of the five purposes listed above (review and critique, research and study, parody and satire, reporting and legal advice).
Under fair dealing for research and study, you can copy: 10% of the total number of pages or words (if the work is not paginated) or 1 chapter of the work, whichever is greater. You may be able to copy more than 10% or 1 chapter under certain circumstances. 1 article from a journal issue, magazine or newspaper.
The fair dealing exception in the Copyright Act allows you to use other people's copyright material for the purpose of research, private study, criticism, review, news reporting, education, satire or parody provided that what you do with the work is "fair".
Under the fair dealing provision, reasonable portions of copyright material can be copied for the purpose of research or study. A reasonable portion of literary, dramatic or musical works is generally considered to be: 10% of the pages or one chapter from a print book (whichever is greater)
Though the two terms fair dealing and fair use may seem synonymous, there is a difference in their scope and meaning. Fair dealing applies only to those uses or exceptions mentioned in the law. However, under fair use, the list is illustrative and very subjective.
Fair dealing is a user's right in copyright law permitting use of, or “dealing” with, a copyright protected work without permission or payment of copyright royalties.
Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use.
Text and Data
You can use up to 10%, but no more than 1000 words, of essays, articles, or stories, of a single copyrighted work. You can use up to 250 words of an entire poem, or a portion of a poem. You may not use more than 3 poems or portions of poems by one poet, or by different poets in the same book.
Section 107 of the Copyright Act gives examples of purposes that are favored by fair use: “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, [and] research.” Use for one of these “illustrative purposes” is not automatically fair, and uses for other purposes can be ...
Fair Dealing exceptions are provisions in The Copyright Act 1968 which allow individuals to reproduce some limited works for free - without obtaining permission from the copyright owner.
If your use of copyrighted material is not permitted under “fair use” provisions, you must obtain permission from the copyright holder. For example: Your use would borrow from the work of others beyond purposes of review, criticism, or help in making a point.
the purpose and character of your use. the nature of the copyrighted work. the amount and substantiality of the portion taken, and. the effect of the use upon the potential market.
Implied covenant of good faith and fair dealing (often simplified to good faith) is a rule used by most courts in the United States that requires every party in a contract to implement the agreement as intended, not using means to undercut the purpose of the transaction.
Copying and Fair Dealing
For convenience 5-10% is sometimes recommended as a reasonable proportion, but what is more important is to make a judgement about the amount you would consider as fair to be copied if it was your work.
'Fair dealing' is a legal term used to establish whether a 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 and impression in each case.
From Longman Business Dictionary ˌfair ˈdeal an arrangement or agreement between two or more people that is reasonable and treats all the people involved equallyTo get a fair deal you need to be fully aware of your legal entitlements. → deal.
Fair dealing for the reporting of current news events
Section 30(2), (3) of the Copyright, Designs and Patents Act 1988 lists the permitted conditions of using copyright material for the purposes of reporting current events: The material is not a photograph. The source of the material is “sufficiently acknowledged”
Fair use is the right to use a copyrighted work under certain conditions without permission of the copyright owner. The doctrine helps prevent a rigid application of copyright law that would stifle the very creativity the law is designed to foster.
4.8 Fair use is a statutory provision that provides that a use of copyright material does not infringe copyright if it is 'fair', and that when considering whether the use is fair, certain principles or 'fairness factors' must be considered. The provision also includes a list of 'illustrative purposes'.
How much of someone else's work can I use without getting permission? Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports.
You do not need to obtain any permissions where: the item was never protected by copyright. copyright has been waived, such as by the author marking their work with a Creative Commons' CCO - 'No Rights Reserved' open licence. copyright has expired and the work is in the public domain.
Moral Rights aim to create incentive, while fair dealing aims to provide access. Since these two concepts are on the opposite sides of this incentive-access balance scale, they are bound to create friction.