Copyright

July 30, 2021

Supreme Court of Canada judgement in the York University v. Canadian Copyright Licensing Agency (Access Copyright) [2021 SCC 32] case is rendered. 

• Visit the full judgement on the Supreme Court of Canada website. 
• Read the Case in Brief. 

Summary:

The Supreme Court of Canada (SCC), in a unanimous decision, dismisses both appeals brought forward from the decision at the Federal Court of Appeal. The SCC rules that copyright tariffs proposed and certified through the Copyright Board, in this case by Access Copyright, are voluntary in nature. Users have a choice to accept a license. York is not required to pay the tariff.

In addition, the SCC stated that the case was not an infringement claim, since Access Copyright, not owning the copyright, cannot sue for infringement. Therefore, York's fair dealing guidelines were not addressed further. However, statements were included that further legitimize fair dealing for education and as an important user right.

This decision is encouraging for the balance of copyright for users, and education. It conveys the importance of choice for managing copyright at an institution, the rights of users, actualization of fair dealing, and the role of collective agencies in the licensing landscape. 

Commentary & Further Reading:

• Canadian Association of Research Libraries (CARL). (July 30, 2021) "CARL Applauds Supreme Court’s Copyright Ruling on the Application of Tariffs and Fair Dealing." (News Release).

• Canadian Association of University Teachers (CAUT). (August 4, 2021). "Supreme Court ruling a victory for students and post-secondary education." (News Release).

• Geist, M. (August 3, 2021). "Copyright Vindication: Supreme Court Confirms Access Copyright Tariff Not Mandatory, Lower Court Fair Dealing Analysis Was “Tainted”." Michael Geist (Blog Post). 

• Knopf, H. (August 3, 2021). "Victory and Vindication from Justice Abella and the Supreme Court of Canada for Canadian Educators." Excess Copyright (Blog Post)

• Authors Alliance. (July 30, 2021). "Authors Alliance Applauds Today's Decision in Access Copyright v. York University." (News Release).

Lower Court Rulings:

• Appeal (Federal Court of Appeal): York University v. Canadian Copyright Licensing Agency, 2020 FCA 77

• Judgement (Federal Court): Canadian Copyright Licensing Agency v. York University, 2017 FC 669 

November 7, 2012
The majority of the Copyright Modernization Act came into force today. 
Canada Gazette, Part II, Official Regulations, Vol.146,  No. 23, November 7, 2012.
See Michael Geist's blog for commentary.
Canadian Copyright Reform in Force: Expanded User Rights Now the Law

November 1, 2012
It is anticipated that most sections of Bill C-11 (Copyright Modernization Act) will come into force on November 7 when they are published in
the Canada Gazette, Part II.
These sections include the reform to the Fair Dealing provision and the educational use of the Internet amendment.
This is a link to the Privy Council Order with details.

September 4, 2012
Centennial announces that it has decided not to extend its license with Access Copyright, in accordance with recommendations from ACCC legal counsel.  COPYRIGHT UPDATE

August 30, 2012
A revised Fair Dealing Policy is released by the Association of Canadian Community Colleges (ACCC).

July 12, 2012 -
The Supreme Court of Canada rules on fair dealing cases.

• Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37 (July 12, 2012)
• Entertainment Software Association v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 34 (July 12, 2012)
• Re:Sound v. Motion Picture Theatre Associations of Canada, 2012 SCC 38 (July 12, 2012)
• Rogers Communications Inc. v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 35 (July 12, 2012)
• Society of Composers, Authors and Music Publishers of Canada v. Bell Canada, 2012 SCC 36 (July 12, 2012)

For an intrepretation of the Supreme Court decisions, see Michael Geist's blog.
Michael Geist - Supreme Court of Canada Stands up for Fair Dealing in Stunning Sweep of Cases

June 29, 2012
The Copyright Modernization Act (Bill C-11) receives royal assent.

Revised November 7, 2012.