Access Copyright and Fair Dealing

Today’s litigation started against York University listed below is apparently one part of three measures started today by Access Copyright: a) the litigation in the Federal Court challenging York University’s fair dealing guidelines; b) an application with the Copyright Board for an interim elementary and secondary school education tariff; and c) a proposed post‐secondary tariff also filed with the Copyright Board for 2014-2017.

Access Copyright issued a press release today outlining today’s activities. Howard Knopf has published copies of the two Copyright Board applications. I would be interested in a copy of the Statement of Claim if someone has a copy they can share.

The scope of Access Copyright’s licenses and fair dealing have been at issue before the Copyright Board and the courts, including as part of the Supreme Court’s “Copyright Pentalogy” (Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37). Also, a number of post-secondary institutions, including York University have decided to opt-out or stop renewing Access Copyright’s license, taking the position that other copyright licenses and fair dealing cover their activities.

Update: A copy of the Statement of Claim in the copyright action started yesterday (T-578-13) against York University is now available (PDF of SoCSchedule B). The claim seeks a declaration that York is obligated to pay tariffs under the Access Copyright Interim Post-Secondary Educational Institutions Tariff, 2011-2013, and payment of royalties under the Tariff.

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