Decision

Société québécoise de gestion collective des droits de reproduction (Copibec) c. Universite Laval, 2017 QCCA 199

2017-02-08

Read full decision. Summary prepared by Alan Macek:

The Quebec Court of Appeal granted the appeal (see 2016 QCCS 900) regarding Copibec's proposed class action again Laval regarding copyright infringement. Laval had not renewed the license agreement after the Copyright pentalogy and amendments to the Copyright Act in 2014. The Court considered the necessary level of commonality between the proposed class members to certify the class and found the trial court had put too high a burden on the plaintiff. The Court found that it will be up to the University to establish fair dealing and shouldn't detract from the commonalities. The Court also found that collective action appropriate in view of the small amount of each authors' claim and to facilitate access to justice and was also appropriate for moral rights claims. The Court concluded that Copibec was an appropriate representative plaintiff. (Summary based on a translation)

 

Canadian Intellectual Property