The Federal Court of Appeal’s judgement supports the argument that tariffs are not mandatory, but also finds fair dealing guidelines problematic. Updated to add: Both parties have now filed applications to appeal the decision to the Supreme Court of Canada [more via Howard Knopf]
“On April 22, 2020 the Federal Court of Appeal (FCA) in a unanimous judgment by Pelletier, J.A., released its long-awaited decision in the appeal of the Federal Court’s July 12, 2017 decision of Phelan, J. Here’s the judgment of the FCA: York University v. The Canadian Copyright Licensing Agency (Access Copyright)” Via Howard Knopf April 22, 2020 and June 4, 2020
See our blog post on the original case 2017 decision.
Re: Copyright infringement class action by CopIbec against the University of Laval
via @kimnayyer @InbaKehoe
Since 2014, legal action has been taking place – in the form of a class action suit brought forth by Copibec, Quebec’s non-profit copyright collective, against Laval University. At issue is Laval’s choice not to renew a license agreement with Copibec, or pay tariffs, for educational use of copyrighted materials.
Some history on the case, Via Howard Knopf at Excess Copyright Nov. 17, 2014
This case has made its way through the court of appeal, and parties have reached a settlement, available on Copibec’s website. Amounts owing are in the range of $2M.
For those following the 2018 review of the Canadian Copyright Act.
Here is Michael Geist’s commentary so far: Making Sense of the Spending
and part two: The Declining Value of the Access Copyright License
and part three: Exploring the Impact of Site Licensing at Canadian Universities
The Parliamentary Standing Committee on Industry, Science and Technology met with stakeholders from the post-secondary education sector yesterday as part of the 2018 Copyright Act review. Representatives from Universities Canada, the Canadian Federation of Students, the Canadian Association of University Teachers, and Campus Stores Canada spoke with the committee about Indigenous knowledge, fair dealing, library consortia licensing, Access Copyright v York University, open access and public domain, among other issues.
Watch a replay here.
Via Michael Geist’s blog March 27, 2018
The Federal Court of Appeal has upheld a Copyright Board decision regarding provincial government copying. This is significant because the board is upholding the development of a “standard as a reasonable approximation of what constitutes insubstantial copying”, whereas Access Copyright had argued against “bright-line standards” [such as those standards embedded in many institutional fair dealing guidelines].
Howard Knopf’s thoughts on the upcoming Copyright Act review, associated regulations, and current cases.
Via Policy Options, June 19, 2017
As reported by the New York Times.
A California production company is challenging Warner Music’s famous copyright claim to the “Happy Birthday” song. The latest discoveries suggest that the song may have been in the public domain already. The court battle continues, and Warner has a lot to lose with this one very popular song.
The Supreme Court and Lexum have now extended their database of Supreme Court decisions back to 1876. This makes for greater access for historical legal research.
(Via National Post)