The fair dealing exception within the Canadian Copyright Act allows for the use of others copyright protected material for the purpose of research, private study, education, satire, parody, criticism, review or news reporting, provided that the endeavour is deemed 'fair".
Four factors of the fair use exception to copyright include:
1) The purpose and character of the use. Commercial/Non-Profit Educational/Transformative Use (add something new and do not substitute for the original use).
2) Nature of the Copyrighted Work. When the copyright work being used is a work of fiction this factor favors the copyright owner, but when the work is factual in nature, a fair use finding is favourable.
3) The Amount Used. The amount of copyrighted work that was used in relation to the entire copyrighted material. Where the amount used is very small in relation to the entire copyrighted work, a finding of fair use would be favourable.
4) Effect the Use on the Market. Is the use deemed "transformative"? Considers whether the defendant’s activities may harm current and potential markets of the copyright owner via widespread dissemination.
Boomslang Analytics Inc has abided by the fair use exception throughout product production.