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Access Copyright v. York University, and the Friends of Intellectual Property

Last summer, York University declared that it will appeal the July 12, 2017 ruling of the Federal Court of Canada that was made in favor of Access Copyright, whose tariff on course materials, approved by Copyright Board of Canada, the university refused to pay. Instead of paying a set fee per student, York had relied on its interpretation of fair dealing to guide its faculty’s use of course readings. The court’s decision, delivered by Justice Michael L. Phelan, has been much commented upon, and I seek to add but a late footnote’s worth of further context as an educator and student of the law, given that the case is not yet settled.

Read the complete article on SLAW: Canada’s online legal magazine.

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