Post Tagged with: "katz"

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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
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Federal Court of Appeal Deals Access Copyright Huge Blow As It Overturns York University Copyright Decision

The Federal Court of Appeal delivered its long-awaited decision the York University v. Access Copyright case yesterday, setting aside the lower court ruling that I had described as “a complete victory” for Access Copyright. The latest ruling will not leave York University and the education community completely happy given the court’s fair dealing analysis, but winning on the mandatory tariff issue removes both the threat of mandated payments to Access Copyright as well as the possibility of a copyright infringement lawsuit by the copyright collective. That represents an enormous win both for York and for a fair approach to copyright licensing that ensures users have licensing choice.

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April 23, 2020 11 comments News

Eviscerated or Not: Katz on Access Copyright

Ariel Katz has a must-read post on the implications of the Supreme Court of Canada’s decisions for Access Copyright. The post notes that though Barry Sookman and Access Copyright have tried to minimize the importance of the decisions and suggested that it only applies to a small amount of copying, […]

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September 20, 2012 3 comments News

Katz Shreds McMaster’s Access Copyright Q & A

Ariel Katz has posted an important document that takes apart McMaster University’s Q & A on the Access Copyright model licence.

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June 19, 2012 Comments are Disabled News

Why an Access Copyright Tariff is Unlikely to be Mandatory

Ariel Katz has a must-read post exploring why even if the Copyright Board approves an Access Copyright tariff, its application to institutions that opt-out of the model licence is unlikely to be mandatory.

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June 11, 2012 Comments are Disabled News