If the Appellants are successful in this case and you decide that copying short excerpts for students is permitted under fair dealing, the tariff will go from five dollars and sixteen cents to four dollars and eighty-four cents. So that is the dollar amount that is in issue here.
Since the Board came to not only incorrect but “unreasonable” conclusions about application of the CCH factors to determine what constitutes fair dealing for the purpose of, at least, “private study” and “research”, it would appear that the many of the assumptions that informed the volume survey, the parties’ framing of the case, and the Board’s reasons can and likely should now be questioned. Application of the CCH factors to the discussion of “criticism” and “review” may also need revisiting. After all, there are not only tens of millions of dollars a year on table here. There are profound questions of access, dissemination, and innovation involved. There is no place for copyright “chill” in Canadian academia at any level.