Alberta v. Canadian Copyright Licensing Agency, 2024 FC 292
Justice Aylen - 2024-02-22
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The court case involved a dispute between a group of educational entities and a copyright collective agency regarding overpaid royalties under an interim tariff. The educational entities sought a refund for amounts overpaid from 2010 to 2012 when the final tariff was set lower. The copyright agency argued that it should retain the refund due to the entities holding a statutory license from 2013 to 2015. The court ruled that the entities were not licensees during the specified period and were not liable to pay the agency. The court also held that the agency was not entitled to keep the overpayment. The case highlighted the complexities of copyright licensing agreements and the legal mechanisms governing royalty payments under the Copyright Act.
Decision relates to:
- T-326-18 - THE PROVINCE OF ALBERTA ET AL v. THE CANADIAN COPYRIGHT LICENSING AGENCY