Federal Court copyright ruling has different outcomes for students, educators, creators

April 28, 2020

The Federal Court of Appeal has reversed a lower court’s decision in favour of York University, stating that the collective licensing agency Access Copyright cannot enforce tariffs against the school or any non-licensed user. The court did, however, rule that York’s own guidelines for use of copyrighted materials did not meet Supreme Court of Canada guidelines. Access Copyright said the decision presents a mixed outcome for Canadian creators and publishers. “Educational institutions that are following the education sector’s fair-dealing guidelines are copying unfairly, but the collective that has been authorized by thousands of rights holders to administer and protect their copyright has no avenue to enforce their rights in their work,” said Access Copyright president Roanie Levy. CAUT | Time’s Colonist (ON, National)