Access Copyright cannot force tariffs on York, says Supreme Court

August 4, 2021
The Supreme Court of Canada has ruled that the Access Copyright collective does not have the legal power to force York University to pay fees for the use of published works in the classroom after bowing out of a formal arrangement with the collective. Access Copyright and York had a license agreement until 2010, after which license renewal negotiations between the two parties “hit a stalemate” and York withdrew from the agreement. When York later introduced its own fair dealing guidelines, Access Copyright took legal action against the university to enforce an interim tariff. In this most recent ruling, Supreme Court Justice Rosalie Abella reportedly made the conclusion that tariffs are not mandatory for users who choose not to be licensed on the approved terms. York has issued a statement indicating that it is “pleased that the Court affirmed the voluntary nature of the tariff and the ability of educational institutions to obtain license rights from other sources.” Times Colonist | iPolitics | York (ON)