Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Copyright

Coursepacks by Jason Jones (CC BY 2.0) https://flic.kr/p/27cQjXR

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 6 comments Podcasts
Spin by Rex Dingler (CC BY-NC 2.0) https://flic.kr/p/3nyyzk

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
copyright by Erich Ferdinand (CC BY 2.0) https://flic.kr/p/eixmi

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 14 comments News
Little and large by Matthew G (CC BY 2.0) https://flic.kr/p/oYU1ra

The Law Bytes Podcast, Episode 96: More Harm Than Good – My Appearance Before the Senate Transport Committee on a Copyright Bill to Support Media Organizations

Bill S-225, Senator Claude Carignan’s copyright bill, would create a new compensation scheme for media organizations by establishing a new collective rights system for the use of news articles on digital platforms. It may not become law, but it has sparked considerable discussion within the Senate on the issue of media and Internet platforms. In fact, while the digital policy world was focused on Bill C-10, last month the Senate Standing Committee on Transport and Communications held hearings on the bill with a wide range of witnesses that included News Media Canada, Facebook and Google. I was invited to appear in their last hearing of the session alongside Jamie Irving from News Media Canada and Kevin Chan from Facebook. This week’s Law Bytes podcast episode goes inside the virtual committee hearing room with my opening statement and exchanges with several Senators.

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July 26, 2021 5 comments Podcasts
Newspapers by Allan Foster (CC BY-NC-ND 2.0) https://flic.kr/p/2uxm9t

My Appearance Before the Senate Committee on Transport and Communications: Why Copyright Reform Isn’t the Answer to the Challenges Faced by the News Media Sector

Yesterday I took a break from talking about Bill C-10 to appear before the Senate Standing Committee on Transport and Communications as part of its study on Bill S-225, Senator Claude Carignan’s bill that proposes copyright reform as a mechanism to address the challenges faced by the news media sector (the bill is the focus of this week’s Lawbytes podcast, featuring a conversation with Senator Paula Simons). I was joined by representatives from News Media Canada and Facebook, which made for an engaging discussion. My opening statement is posted below:

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June 17, 2021 9 comments Committees, News