Post Tagged with: "fair dealing"

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The Law Bytes Podcast, Episode 98: Kim Nayyer on the Supreme Court of Canada’s Landmark Access Copyright v. York University Copyright Ruling

The Supreme Court of Canada recently brought a lengthy legal battle between Access Copyright and York University to an end, 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. The decision removes any doubt that the Supreme Court remains strongly supportive of user’s rights and vindicates years of educational policy in shifting away from Access Copyright toward alternative means of ensuring compliance with copyright law.

Kim Nayyer is the Edward Cornell Law Librarian, Associate Dean for Library Services, and Professor of the Practice at Cornell Law School. She appeared before the Supreme Court in this case, representing the Canadian Association of Law Libraries as an intervener. She joins the Law Bytes podcast to talk about the case and its implications for the future of copyright, education, and collective rights management.

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August 16, 2021 5 comments Podcasts
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Same Old Spin: Why Access Copyright Needs a Reality Check on Canadian Copyright

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.

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August 5, 2021 13 comments News
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Copyright Vindication: Supreme Court Confirms Access Copyright Tariff Not Mandatory, Lower Court Fair Dealing Analysis Was “Tainted”

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.

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August 3, 2021 13 comments News
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The LawBytes Podcast, Episode 52: Fair Dealing for Film Makers – Bob Tarantino on the Copyright Implications of the Room Full of Spoons Case

Dubbed by some as the worst film ever made, The Room has become a cult-like film classic. Written, directed, produced and starring Tommy Wiseau, the movie was the subject of the 2017 film The Disaster Artist and a documentary titled Room Full of Spoons by Canadian documentary filmmakers who wanted to tell the story of the film and its popularity. The documentary has been the subject of years of litigation with Wiseau at one point obtaining an injunction to stop its release.

The Ontario Superior Court of Justice recently released an important decision in the case with significant implications for creators involving copyright, fair dealing, moral rights, and a host of other legal issues. Bob Tarantino, Counsel at Dentons Canada LLP, joins me on the podcast this week to discuss why the decision will be welcome news for documentary filmmakers.

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May 25, 2020 2 comments Podcasts
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The LawBytes Podcast, Episode 50: Ariel Katz on the Long-Awaited York University v. Access Copyright Ruling

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.

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May 11, 2020 Comments are Disabled Podcasts