The Supreme Court of Canada brought a lengthy legal battle between Access Copyright and York University to an end last week, issuing a unanimous verdict written by retiring Justice Rosalie Abella that resoundingly rejected the copyright collective’s claims that its tariff is mandatory, finding that it had no standing to file a lawsuit for copyright infringement on behalf of its members, and concluding that a lower court fair dealing analysis that favoured Access Copyright was tainted with “a fairness assessment that was over before it began.” The decision removes any doubt that the Supreme Court remains strongly supportive of user’s rights in copyright and vindicates years of educational policy in shifting away from Access Copyright toward alternative means of ensuring compliance with copyright law.
Archive for August 3rd, 2021

Law Bytes
Episode 131: The Bill C-11 Clause-by-Clause Review – What “An Affront to Democracy” Sounds Like
byMichael Geist

June 20, 2022
Michael Geist
June 13, 2022
Michael Geist
May 2, 2022
Michael Geist
Search Results placeholder
Recent Posts
CRTC Chair Ian Scott Confirms Bill C-11 Can Be Used To Pressure Internet Platforms to Manipulate Algorithms
My Appearance Before the Senate Transport and Communications Committee on Bill C-11: The Senate Starts Review As Bill Receives House Approval
The Law Bytes Podcast, Episode 131: The Bill C-11 Clause-by-Clause Review – What “An Affront to Democracy” Sounds Like
Bill C-11 Enters a Danger Zone: Government Shifts from Ignoring Witnesses on User Content Regulation to Dismissing Criticisms as “Misinformation”
The Groundhog Day Privacy Bill: The Government Waited Months to Bring Back Roughly the Same Privacy Plan?!