October 15, 2020
By Martin Brandsma
On October 15, 2020, the Supreme Court of Canada granted applications brought by both York University and Access Copyright for leave to appeal the Federal Court of Appeal in York University v. Canadian Copyright Licensing Agency (“Access Copyright”), 2020 FCA 77 (the “York Decision”).
As we reported, the Federal Court of Appeal determined in the York Decision, dated April 22, 2020, that: (1) Access Copyright’s interim tariff was not mandatory; and (2) York’s Fair Dealing Guidelines were not fair dealing. The outcome of the Supreme Court of Canada appeal has implications beyond the education sector, and is anticipated to canvass issues in copyright licensing and fair dealing.
Updates on the status and timing of the hearing, including motions for intervention, will be provided as they become available. Further details on this matter can be found in our web posts from June 23, 2020 “York University v. The Canadian Copyright Licensing Agency (Access Copyright)”, April 27, 2020 “Federal Court of Appeal Finds That Tariffs Certified by the Copyright Board are not Mandatory, and Fair Dealing Guidelines are Not a Shield”, and July 13, 2017 “Federal Court Finds University’s Fair Dealing Guidelines Are Not So Fair. When is Fair Foul, and Foul Fair?”.
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