The Canadian Copyright Licensing Agency v. York University, 2017 FC 669

Justice Phelan - 2017-07-12

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This was an action by Access Copyright against York University to enforce an Interim Tariff first issued by the Copyright Board in respect to copying activities engaged in by York's employees. York counterclaimed, seeking a declaration that any reproductions made fell within the Fair Dealing Guidelines it issued constitute the exception for “fair dealing” under s 29 of the Copyright Act. The declaration sought covered all reproductions of all copyright-protected works regardless of whether such works were part of Access’s repertoire. In the final analysis, the Court found that the Interim Tariff is mandatory, not voluntary. The Court also found that York’s Fair Dealing Guidelines were not fair in either their terms or their application and therefore the "fair dealing" exception did not apply.

Decision relates to:


Canadian Intellectual Property