Education is the key : discussion of Access Copyright v. York University (2020 FCA 77)

Last week, the Federal Court of Appeal (FCA) released its decision in the Access Copyright v York University appeal from the Federal Court (FC). My discussion of the trial judgment can be found here.

Michael Geist’s analysis of the FCA’s decision is here.

In summary, the FCA ruled that the interim tariff requested by Access Copyright, and granted by the Copyright Board, is not mandatory; and that copies made under York’s fair dealing guidelines (“Guidelines”) are not necessarily fair dealing. (para. 4) Continue reading

Federal Court of Appeals decision in Access Copyright v. York

The Federal Court of Appeals has released its decision in the appeal of the Access Copyright v. York case. Howard Knopf has helpfully provided links to the order and reasons in his blog Excess Copyright.

Long story short: The interim tariff is not mandatory, but York’s fair dealing guidelines cannot be declared as representative of fair dealing.

A more in-depth discussion of the decision will be posted on this blog sometime during the week.

Here is Michael Geist’s post on the decision.