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ARTICLE · 18 AUGUST 2017

University's Infringing Reproductions Fall Short Of Fair Dealing

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The fair dealing user right, as an exception to copyright infringement, has its limits.

CanadaIntellectual Property
Dominique Hussey
Dominique Hussey
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The fair dealing user right, as an exception to copyright infringement, has its limits. The fact that a use falls within an enumerated purpose under the Copyright Act is no guarantee of immunity from infringement. To avoid liability, internal photocopying policies should be reviewed for compliance, refined, and consistently enforced.

Case

The Canadian Copyright Licensing Agency v. York University, 2017 FC 669

IP Type

Copyright

Summary

Access Copyright ("Access") is known as a "collective society". Its mandate under the Copyright Act is to license the right to reproduce written works and collect royalties on behalf of authors and publishers. The Copyright Board issued an interim tariff establishing the applicable royalties. York is the third largest university in Canada. As is typical of universities, York sells textbooks and coursepacks to students. Coursepacks are compilations of materials used for teaching, and contain written works for which

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