Last week’s Supreme Court of Canada copyright decision in Access Copyright v. York University has unsurprisingly been applauded by the education community, which having faced years of litigation launched by the copyright collective, now finds its position vindicated. With the court resoundingly rejecting Access Copyright’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 the copyright collective was tainted with “a fairness assessment that was over before it began”, there is little doubt about which party prevailed. Yet Access Copyright has returned to its longstanding playbook of downplaying Supreme Court decisions and misleading its own members in the process.
Archive for August 5th, 2021
Recent Posts
The Law Bytes Podcast, Episode 280: A Fall Update on Where Things Stand on Canadian Digital Policy Reforms 
The Wrong Ban: The Heritage Committee Backed a Targeted Ad Ban for Kids and Stopped Short of a Social Media Ban, Yet the Government Chose the Reverse 
Regulator First, Rules Later: Bill C-34 Debate Shows the Government Wants a Digital Safety Commission Before It Figures Out What It Will Do 
Making the Case Against Its Own Bill: What the Government’s Bill C-34 Charter Statement Reveals About the Constitutional Vulnerability of the Social Media Ban 
“Position Has Not Changed”: The Canadian Government Reaffirms That Antisemitism Includes Anti-Zionism
