The Federal Court of Appeal delivered its long-awaited copyright ruling in the York University v. Access Copyright case last month. This latest decision effectively confirms that educational institutions can opt-out of the Access Copyright licence since it is not mandatory and that any claims of infringement will be left to copyright owners to address, not Access Copyright. The decision is a big win for York University and the education community though they were not left completely happy with the outcome given the court’s fair dealing analysis.
The decision also represents a major validation for University of Toronto law professor Ariel Katz, whose research and publications, which made the convincing case that a ‘mandatory tariff’ lacks any basis in law”, was directly acknowledged by the court and played a huge role in its analysis. Professor Katz joins me on the podcast this week to talk about the case, the role of collective licensing in copyright law, and what might come next for a case that may force Access Copyright to rethink the value proposition of its licence.
The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod.
Show Notes:
Spectre: Canadian Copyright and the Mandatory Tariff – Part I
Credits:
Standing Committee on Industry, Science and Technology, May 24, 2018
Very interesting podcast. I was writing about copyright rules some time ago, and with help of http://essaypapers.reviews/ the paper turned out to be interesting and valuable.
In general, I understand why the university is against it, it will become a problem for them and they do not want to burden themselves with this. I’m currently thinking about getting an online degree and often face various nuances. Also, I read an article – https://tullisfarmschool.org/how-to-earn-an-online-nursing-degree/ which tells me some tips on this
https://www.michaelgeist.ca/podcast/episode-50-ariel-katz-on-the-long-awaited-york-university-v-access-copyright-ruling/
This podcast is so interesting