Société québécoise de gestion collective des droits de reproduction (Copibec) c. Université Laval, 2016 QCCS 900


Read full decision. Summary prepared by Alan Macek:

Copibec sought certification of a class proceeding on behalf of authors, publishers and copyright management companies against Laval University for copying done at the university. The court reviewed the licenses between authors and Copibec as well as the history of the Copibec license with Laval until it was no longer renewed in 2014 after the SCC's copyright pentalogy and the amendments to the Copyright Act. The court held that individual authorizations and the fairness of specific reproductions did not lend themselves to a collective determination. It also held that Copibec did not own the copyright at issue, any moral rights nor rights as a publisher. The motion for certification was dismissed. Copibec has indicated it will appeal this decision. (summary based on a translation)


Canadian Intellectual Property