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ARTICLE · 10 MAY 2013

Compliance Not Optional: Crown Not Immune From Copyright Act

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A discussion on whether the Crown is immune from paying tariffs under the Copyright Act.

CanadaLitigation, Mediation & Arbitration
Helen Burnett
Helen Burnett
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Is the Crown immune from paying tariffs under the Copyright Act? On March 31, 2004 and March 31, 2009, the Canadian Copyright Licensing Agency, operating as Access Copyright, filed proposed tariffs claiming royalties for the reproduction of published works by employees of the provincial and territorial governments other than Quebec. The provinces and territories objected to the tariffs and, as a preliminary matter, challenged the ability of the Copyright Board of Canada to consider the proposed tariffs claiming they were immune from the Copyright Act. The Board dismissed this challenge on January 5, 2012, and some of the Applicants sought judicial review of the Board's decision.

The Federal Court of Appeal Decision

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