York University’s Statement of Defence

York University has filed its Statement of Defence in response to Access Copyright’s Statement of Claim that York owes royalties under the Interim Tariff. The document is in fact both a statement of defence and a counterclaim against Access Copyright.

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Review of Canadian University Fair Dealing Policies

Update: I have made some revisions to the paper, adding Grant MacEwan University to the sample, correcting Queen’s University’s Access Copyright relationship, and removing typographical errors. Much thanks to Scott Day and Mark Swartz for bringing these oversights to my attention. (May 17, 2013)

I have recently made available the results of a project I have been working on since January. I analyzed the fair dealing policies of the top 40 Canadian universities by student enrollment (excluding Quebec) for content and to determine whether there is consistency among the universities, and any relationship between the content in the schools’ copyright web sites and whether they have signed an Access Copyright licence.

The paper is available at the following link: http://ssrn.com/abstract=2263034

This research is particularly timely because of the recent lawsuit brought by Access Copyright against York University, the basis of which is York’s allegedly ineffective fair dealing policy.

Abstract:

The past three years have seen a number of changes in the area of copyright law, particularly in the area of education. As a result, Canadian universities have had to make policy decisions to account for these changes and the resulting expansion of fair dealing rights. The content and consistency of the resulting policies may have a significant effect on the future interpretation of fair dealing rights. In this paper I analyze the current state of fair dealing policies and supporting information found on university web sites. I conclude that an ideal fair dealing policy is open ended and flexible, and incorporates mention of the significant elements of copyright legislation, court decisions, and other areas of law, in a way that is accessible to its intended audience of faculty and instructors.

Access Copyright v. York University: The statement of claim.

A copy of Access Copyright’s Statement of Claim against York University can be found here. It was filed in Federal Court on April 8, 2013 (see Court Docket). It is important to note that Access Copyright is not suing York merely because York is operating outside the Interim Tariff and outside of any licence with the collective. Rather, the allegation is that York educators reproduced copyrighted works that are within Access Copyright’s repertoire, and that this reproduction is not fair dealing. This reproduction causes York to be subject to the Interim Tariff, and obliges them to pay all royalties associated with the tariff. Continue reading