Alberta education v canadian copyright licensing agency access copyright

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Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37

alberta education v canadian copyright licensing agency access copyright

What is Access Copyright?

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This website is in beta. Let us know what you think! This observation was written by Sarah Milligan. Access Copyright is a non-profit collective organization that licenses materials to copyright users and distributes the proceeds to copyright holders. Phelan, found the interim tariff to be mandatory and enforceable against York. This judgement on the Fair Dealing Guidelines could have repercussions on fair dealing in higher education institutions across Canada.

Fair dealing provides a statutory exception to copyright infringement, allowing users to engage in activities that would otherwise be considered copyright infringement. In , amendments were made to the Copyright Act through the enactment of Bill C, 6 and the SCC released five cases related to copyright. In order to rely on fair dealing, the party claiming fair dealing must first demonstrate the dealing is for an allowable purpose, including research, private study, education, parody, or satire. The Access Copyright decision arguably departed from SCC precedent on fair dealing in the second step of the fairness analysis in several areas. However, there are ambiguities and vulnerabilities in that precedent which allow for misinterpretation.

Alberta (Education) v Canadian Copyright Licensing Agency (Access Copyright), SCC 37, is a Supreme Court of Canada case that considered whether the.
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At the time I remember internally questioning this artificial distinction and how it really protected copyright since in either case I was responsible to read the required material at the direction of the professor. When reading the case I wondered what impact this decision might have for professors posting digital copies to Blackboard. The case concerns a dispute between Access Copyright and a coalition of provincial education ministries and school boards regarding the photocopying of copyrighted material for use in elementary and secondary school education programs. Access Copyright is an organization that represents certain authors and publishers of original works in printed materials. Access Copyright may enter into licensing agreements with others to use and reproduce its repertoire of works and subsequently collects and distributes royalties to its affiliated copyright owners. When a licensing agreement is not in place Access Copyright may apply to the Copyright Board [the Board] to certify a royalty in the form of a tariff. After failing to reach a licensing agreement with the Coalition, Access Copyright applied to the Copyright Board for a tariff for the disputed copies.

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice. Deeth Williams Wall Home. Facebook Twitter Linkedin. Royalties were paid on a per-student basis, rather than the number of pages or works copied. To determine the terms of renewal of the royalty agreements, a study of four different categories of copying was conducted.

A separate InHouse Edition is delivered every two weeks, providing targeted news and information of interest to in-house counsel. By Sandra Shutt. The organization is battling tough challenges in Copyright Board proceedings. It faces the prospect of dwindling revenues from post-secondary institutions, and as it moves ahead with a lawsuit against York University, copyright experts wonder if the organization will have much of a business among the ivory towers in the future. Major changes since Until a few years ago, post-secondary institutions routinely bought licences from Access Copyright.



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Alberta Education v Canadian Copyright Licensing Agency Access Copyright , SCC 37 , is a Supreme Court of Canada case that considered whether the photocopying of textbook excerpts by teachers, on their own initiative, to distribute to students as part of course materials is fair dealing pursuant to the provisions of the Copyright Act. Thus, it allowed the appeal and remitted the matter back to the Copyright Board for reconsideration. Access Copyright represents authors and publishers of literary and artistic works. The entity administers the reproduction of such works by issuing licences and collecting and distributing royalties to affiliated copyright owners. When licensing or royalty agreements with users of the printed works cannot be reached, Access Copyright has the option to apply to the Copyright Board the "Board" to certify a royalty in a form of a tariff. Teachers in elementary and secondary schools across Canada frequently make photocopies of excerpts from textbooks and other published works that form Access Copyright's collection.

In Canadian Copyright Licensing Agency v. The Act authorizes the purpose. No enforcement. How this case is different from the CCH case. The Final Tally. The Court also retained jurisdiction to settle the calculation of amounts owing, if necessary. To Appeal or Not to Appeal.

This judgment, upholding the fair dealing assessment made by the Board, is the latest addition to the series of fair dealing challenges lost by this collecting agency over the years. The finding of non-fair dealing was upheld by the Federal Court of Appeal in but quashed by the Supreme Court in July in Alberta v. Canadian Copyright Licensing Agency , a landmark decision that we covered here. Law Society of Upper Canada and remitted the matter to the Board. After hearing the arguments of both parties, the Board issued its decision in February finding that The royalty rates were fixed by the Copyright Board by first determining the volume of compensable copying and then excluding from it the copying that fell within the scope of fair dealing under the Copyright Act. AC challenged the findings made by the Board at each of these steps before the Federal Court of Appeal.

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