Principle of Fair Dealing in Education

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2011-06

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University of Cape Town. OpenUCT


University of Cape Town

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Educators are allowed to use copyrighted materials in the classroom for illustrative purposes but are limited in that they cannot share these materials in an online space. Fair dealing only governs use in the classroom and sharing copyrighted materials online may well be infringing copyright and fair dealing as a defence is likely to fail. What constitutes fair dealing (known as fair use in USA) differs from country to country and from case to case and therefore is unclear. In South Africa, fair dealing is not well defined and there currently exists no case law that I am aware of that addresses the definition or guidelines for fair dealing.
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