Tuesday, April 09, 2013

Access Copyright v. York University - Statement of Claim including Schedule "B"

Here is Access Copyright’s Statement of Claim against York University.

There are three schedules including the Interim tariff approved by the Copyright Board 18 hours before Christmas (here is a link to the Board version), 2010 (Schedule "A"). Here is Schedule "B", courtesy of Alan Macek.

 Schedule "C" is the York U fair dealing guidelines dated 11/13/12, available here.

AC seeks to enforce this interim tariff and get paid in full for it and get an injunction against York U operating outside the tariff, among other things.

So, the "mandatory tariff" issue is now front and centre.

Suffice it to say for the moment that this is a very interesting attempt to enforce the interim tariff, which is referred to as the "Approved Tariff". It is not framed as an infringement action.

HPK

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1 comment:

  1. mhandscoMay 01, 2013 7:00 pm

    I was informed today that in an educational environment copyright freedoms under the new legislation can be trumped by vendor policies. If the vendor says explicitly that personal use sales prohibit other uses then you can’t invoke the legislation and claim "fair use".

    Is this the crack into which AC can insert a tool and twist? Or am I getting poor information?

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