This blog originated over 10 years ago with the intention of talking about the Access Copyright v. York University case that was brought in April 2013, and which moved through the appeals system until the Supreme Court finally published their decision in August 2021.

However, since that time there have been a couple of developments that I will be discussing here that are related to fair dealing and education:

1. The recent Alberta v. Access Copyright (2024 FC 292) case, in which the Federal Court ruled that the plaintiff Ministries of Education and school boards were not statutory licensees (i.e. not automatically subject to tariff) and thus were not liable to pay royalties under statute nor equity to Access Copyright. (Howard Knopf has provided an assessment of the case in his blog.)
   
2. The increasing use of artificial intelligence (AI) in everyday life (including in education) and its implications for copyright policy. I am in the midst of researching copyright issues in AI, specifically the application of a fair dealing / fair use right to the incorporation of copyrighted works into generative AI programs such as ChatGPT and Midjourney, and how such application might differ between the U.S. and Canadian law.

Watch this space for updates as my research proceeds!