ARTICLE · 20 JUNE 2024

Another Resounding Victory For The Educational Sector Against Access Copyright

Richards Buell Sutton LLP

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In another recent positive decision for the educational sector, Alberta v. Canadian Copyright Licensing Agency (Access Copyright), 2024 FC 292, the Federal Court of Canada (the "Court")...

CanadaIntellectual Property

Douglas Cottier

In another recent positive decision for the educational sector, Alberta v. Canadian Copyright Licensing Agency (Access Copyright), 2024 FC 292, the Federal Court of Canada (the "Court") delivered a significant judgment favouring various Ministries of Education across Canada, along with Ontario school boards, in a protracted copyright dispute with Access Copyright ("AC"). The Court not only granted these plaintiffs a full refund of tariff overpayments made to AC from 2010 to 2012 inclusive, but also emphatically rejected AC's contentions that the plaintiffs were licensees under the statutory tariff licensing regime from 2013 to 2015 or were liable to AC in equity during that period.

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