By Canadian Press

Copyright collective can’t force tariffs on university, Supreme Court rules

Jul 30, 2021 | 9:38 AM

OTTAWA — The Supreme Court of Canada says a copyright collective cannot force York University to pay specific tariffs for the use of published works in the classroom.

In its unanimous decision today, the high court says the law does not empower the Access Copyright collective to enforce royalty payments set out in a tariff approved by a federal board if a user chooses not to be bound by a licence. 

The Supreme Court heard the case in response to appeals on distinct aspects from both York and Access Copyright, which administers reproduction rights for published works, collects royalties and distributes them to copyright holders. 

After licence renewal negotiations between York and Access Copyright hit a stalemate, the university briefly complied with an interim tariff approved by a federal board but then opted out, introducing its own “fair dealing” guidelines. 

Under the guidelines, York faculty and staff paid no licence fees for a significant amount of material. 

Meaningful Mementos

Remembering Someone You've Lost at Christmas

Dec 03, 2024

Seasonal Sorrow

How Do You Get Through The Holidays When You're Grieving?

Nov 01, 2024

Upcoming Events at Oliver's

Grief & Loss and Estate Planning Seminars

Oct 02, 2024

The Federal Court of Canada allowed Access Copyright’s action to enforce the interim tariff, but York successfully contested the point in the Federal Court of Appeal.

This report by The Canadian Press was first published July 30, 2021.

The Canadian Press