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

Law Bytes
Episode 278: Ben Waldman on Gander Social and the Challenges of Building a Sovereign Social Network
byMichael Geist

August 10, 2026
Michael Geist
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Michael Geist on Substack
Recent Posts
What If the U.S. Demanded This? The Cloud Provider Conditions Behind Canada’s EU Digital Pivot
Ontario is Done Waiting for Universities to Act on Campus Antisemitism
Is Compromise on Encryption Possible? Why Bill C-22’s “Minor Opening” Leaves the Central Question Unanswered
The Wrong Target: Why the CBC Should Be Asking About the Yom Kippur Protesters, Not the Journalist Who Reported on Them
Buried in Bill C-39: The Enabling Digital Trade Act Brings Canada Its First Federal Electronic Trade Documents Law

