Category: Litigation

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Georgia State e-Reserves case appeal (U.S.) reaches final decision in favour of GSU

This trial, Cambridge University Press et al v. Patton et al ,  also known as the Georgia State University e-Reserves Case, is too complex to summarize here, but largely involves fair dealing use in University course reserve, and has implications specifically as a U.S. educational “fair use” precedent. Final appeal has been decided in favour of Georgia State.

Via Georgia State University Law Library Sept. 29, 2020: https://libguides.law.gsu.edu/gsucopyrightcase

and Publishers Weekly Oct. 2, 2020:

https://www.publishersweekly.com/pw/by-topic/digital/copyright/article/84514-publishers-escape-fee-award-as-gsu-e-reserves-case-finally-ends.html

 

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Results of Appeal: Access Copyright v. York University Federal Court case decision

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.

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Copibec v Université Laval reaches a settlement

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.

 

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Federal Court upholds Copyright Board decision regarding Access Copyright and provincial government copying

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].

Read more

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Project Gutenberg blocks German visitors

Via Plagiarism Today, and via techdirt March 07, 2018

Project Gutenberg, the not-for-profit host of public domain books online, is tired of getting sued by German copyright-holders, because the German public domain guidelines do not align with the U.S. copyright law. They have blocked German IP adresses as a simple solution. This is one example of how complex copyright can become when we deal with the international nature of online distribution, and why some trade negotiations are including discussion around harmonizing some copyright terms.

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Access Copyright v. York University Federal Court case decision

The July 12, 2017 Decision regarding Fair Dealing:

http://cas-cdc-www02.cas-satj.gc.ca/rss/T-578-13%20reasons%20for%20judgment%20July%2012-2017.pdf

A collection of statements and commentary below:

Continue reading “Access Copyright v. York University Federal Court case decision”

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Google required by Supreme Court to block website from global search engine

Update to this – Google has filed a suit in California court attempting to block this order, citing First Amendment rights and more:

http://www.michaelgeist.ca/2017/07/google-files-suit-u-s-court-block-enforcement-canadian-global-takedown-order/

Via Michael Geist’s blog July 26, 2017.

 

 

Supreme Court of Canada, in Google v. Equustek decision, requires Google to block a website from their worldwide search engine because of IP issues

https://arielkatz.org/google-v-equustek-unnecessarily-hard-cases-make-unnecessarily-bad-law/#more-3730

Via Ariel Katz’s blog, June 29, 2017

 

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Notice and Notice policy

The “notice-and- notice policy for ISPs goes went into effect on January 2, 2015. Canadian internet providers will be required to forward copyright infringement notices to their subscribers. Providers who do not comply face up to $10,000 in damages.The law caps damages, for internet users, at $5,000 on non-commercial infringements.

See Michael Geist blog of a discussion on this issue: http://www.michaelgeist.ca/2014/12/notice-difference-new-canadian-internet-copyright-rules-isps-set-launch/

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Malak’s lawsuit against Avatar screenplay dismissed

CBC New | March 20, 2014

“The B.C.-based copyright infringement lawsuit against James Cameron and the creators of the 2009 blockbuster movie Avatar was dismissed in Canada’s Federal Court Thursday.

In a news release sent Thursday morning, 20th Century Fox Film said that after the first day of hearings, the complainant, Emil Malak, approached Cameron’s counsel and said he no longer wanted to pursue his lawsuit.”

For more on the story see: http://www.cbc.ca/news/canada/british-columbia/emil-malak-s-avatar-screenplay-copyright-lawsuit-dismissed-1.2580748