Canadian Publishing Industry News
4 March 2024,     OTTAWA
Court Decision Allows Royalty Free Copying For Universities
Represents publishers and writers on copyright use .
Represents publishers and writers on copyright use .
 The Federal Court of Canada’s decision in the legal action launched by the Ontario school boards and Ministries of Education (excluding British Columba and Quebec) (the “Plaintiffs”) against Access Copyright reinforces the urgent need for the federal government to repair Canada’s broken copyright regime. This reform is long overdue. In its decision, the Federal Court declined to find that the Plaintiffs were voluntary licensees under the Access Copyright Elementary and Secondary Schools Tariff, 2010-2015, requiring Access Copyright to return amounts overpaid under a continuation tariff by the Plaintiffs between 2010 to 2012. This is an unfortunate result, given that, before the Copyright Board of Canada in respect of this same tariff, the Plaintiffs admitted that between 2010 and 2015 their schools made compensable copies of works within Access Copyright’s repertoire, for which they have never made payment to rights holders. The Copyright Board concluded that this compensable copying totalled more than 150 million copies per year, even after accounting for fair dealing and other copyright exceptions. The current ambiguity in the Copyright Act, as well as the inability for Access Copyright to enforce tariffs approved by the Copyright Board, have created a veritable “free zone” for unlicensed educational copying in Canada. In this case, the Federal Court found that the extent of copying in the schools was completely unmonitored, and the Plaintiffs were in no position to know what licenses or other permissions they needed to clear copyright other than under a collective license from Access Copyright. Unlicensed copying continues to have a devastating impact on Canadian creators’ and publishers’ ability to create the Canadian stories that enrich classrooms, inspire students, and support academic achievement.
 
Story Tools
Most Recent News Comment
Jaded says:
Wow, Torstar really seems to be on a mission to bankrupt one magazine after another....
Most Recent Blog Comment
Lorene Shyba says:
Full of terrific information, Thanks!...
Special Reports
Masthead Web Edition Archives
More Archives