Access Copyright v York University: York Wins re "Mandatory Tariff" and Loses re Fair Dealing Guidelines

Very big news today from Federal Court of Appeal:

• Victory on "mandatory tariff" issue for York
• Loss for York on fair dealing guidelines.

Here's the formal judgment:

https://www.scribd.com/document/457774992/A-259-17-20200422-J-E-O-OTT-20200422122454-PLT-pdf

Here's the Reasons:

https://www.scribd.com/document/457774994/A-259-17-20200422-R-E-O-OTT-20200422130400-PLT-DE2-WDS-2020-FCA-77-pdf

Analysis to follow. 

Very likely both sides will try to get leave to appeal in Supreme Court of Canada.

HPK

UPDATE ON THE “MANDATORY TARIFF” ISSUE, FAIR DEALING AND COPYRIGHT ADVOCACY IN CANADA

This seems like such a long time ago - but it was on February 26. 2020 in Edmonton. We were hoping to have heard from the Federal Court of Appeal by then on the Access Copyright v. York U. case, but that did happen and still hasn't happened.

UPDATE ON THE “MANDATORY TARIFF” ISSUE,

FAIR DEALING AND COPYRIGHT ADVOCACY IN

CANADA

February 26, 2020

UNIVERSITY OF ALBERTA

CHATHAM HOUSE RULE

HOWARD P. KNOPF, M.S., LL.M.

Counsel

MACERA & JARZYNA, LLP

OTTAWA, CANADA

(some of this material has appeared before on my blog and/or in presentations elsewhere)

(views are personal and not necessarily those of my firm or clients and are not legal advice)

Here's the slide show.