YorkU battle over copyright fees could have far-reaching effects on Canadian PSE

July 14, 2017

York University has lost a legal battle with Access Copyright after the Federal Court of Canada found that the university’s use of intellectual property did not constitute “fair dealing.” YorkU ended its relationship with Access Copyright in 2011 over rising costs, opting instead to implement guidelines that were intended to ensure materials copied for course packs and online class materials only used a portion of any protected work that was small enough to be considered “fair dealing” and exempt from copyright fees. Yet in a decision released this week, the court found that YorkU’s guidelines, which permitted copying up to 10% of a protected work, did not constitute fair dealing. Experts say that the ruling with have far-reaching effect on other Canadian universities, a number of which have implemented principles similar to YorkU’s. Globe and Mail