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ARTICLE · 10 JUNE 2020

The York University v. Access Copyright Decision And Copyright In The Education Sector

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In the dominant part of the decision, the Federal Court of Appeal found that tariffs set by the Copyright Board are not mandatory, thus overruling the lower court's decision in the Federal Court.

CanadaIntellectual Property
Aidan O'Neill
Aidan O'Neill
Stacey Smydo
Stacey Smydo
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The Federal Court of Appeal recently released its highly anticipated decision in York University v. The Canadian Copyright Licensing Agency (Access Copyright) in which it found that the payment of tariffs set by the Copyright Board is not mandatory.

The dispute between York University and Access Copyright is representative of a broader discussion about copyright in the educational context and specifically "fair dealing" rights that has been ongoing within the education community for many years. Although this decision is confined to its specific facts, the questions at issue, including the Fair Dealing Guidelines implemented by York University, are relevant to the education community in Canada as a whole.

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