Guidelines for Fair Dealing in Education and Research
While the South African Copyright Act of 1978 does not specify precise limits, generally accepted practices have established the following benchmarks:
- Books: Up to 10% of the total content or one full chapter.
- Journal Articles: One complete article from a single journal issue.
- Case Studies and Law Reports: Reproduction of an entire case study or law report is typically allowed, as these are often considered complete and self-contained works.
These thresholds aim to balance the rights of the copyright holder with the needs of educators, researchers, and students. They ensure that the use is proportionate and does not negatively impact the market for the original work.
Take a look at the following YouTube video which looks at "Creativity, Copyright, and Fair Use"
Acknowledgment of Source:
- Proper citation of the source and author is a critical component of fair dealing, especially in academic and research settings. This not only respects the moral rights of the copyright holder but also aligns with scholarly integrity.
Contextual Discretion:
Fair dealing requires the user to consider the purpose, nature of the work, amount used, and effect of the use on the market value of the original work. For instance:
- Purpose: Copying for educational use in a classroom is more likely to fall under fair dealing than copying for commercial use.
- Nature: Works meant for educational or informational purposes (e.g., textbooks) may have more restrictive considerations than fictional or creative works.
- Market Impact: Extensive reproduction that could replace the need for purchasing the original work is unlikely to qualify as fair dealing.
