York University v. Canadian Copyright Licensing Agency (Access Copyright)

York University v. Canadian Copyright Licensing Agency (Access Copyright)

An approved tariff under s.70.15 does not make royalties mandatory against a user who elects not to accept a licence; s.68.2(1) provides a remedy to collect defaulted payments from voluntary licensees but does not create a collective infringement remedy against non-consenting users; consequently Access Copyright cannot enforce the interim tariff against York and York's request for a broad declaratory declaration was inappropriate absent a live dispute and proper parties.

Citation
2021 SCC 32
Parties
Appellant/respondent: York University; Respondent/appellant: Canadian Copyright Licensing Agency (Access Copyright)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
30 July 2021
Procedural Posture
Appeal / Final Judgment by Supreme Court of Canada on Appeal From Federal Court of Appeal
Outcome
Appeals dismissed
Legal Topics
Collective Administration, Tariff Enforcement, Fair Dealing, Declaratory Relief, Statutory Interpretation, Standing
Source Language
English
Intellectual Property Copyright Law Administrative Law Collective Administration Tariff Enforcement Fair Dealing Declaratory Relief Statutory Interpretation +1 more

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Parties

York University

Appellant/respondent

Canadian Copyright Licensing Agency (Access Copyright)

Respondent/appellant

Procedural Posture

Appeal / Final Judgment by Supreme Court of Canada on Appeal From Federal Court of Appeal

Legal Issues

  1. 1 Whether s.68.2(1) of the Copyright Act empowers a collective society to enforce royalties in a Board-approved tariff against a user who declines to be licensed on the approved terms
  2. 2 Whether a court should grant declaratory relief that a university's fair dealing guidelines render all copying under them fair absent a live dispute and proper parties
  3. 3 Proper legal test and perspective for assessing fair dealing in the educational context

Ratio Decidendi

An approved tariff under s.70.15 does not make royalties mandatory against a user who elects not to accept a licence; s.68.2(1) provides a remedy to collect defaulted payments from voluntary licensees but does not create a collective infringement remedy against non-consenting users; consequently Access Copyright cannot enforce the interim tariff against York and York's request for a broad declaratory declaration was inappropriate absent a live dispute and proper parties.

Court Disposition

Appeals dismissed

Orders

  • Both appeals dismissed by the Supreme Court of Canada
  • Declaration sought by York University that its Fair Dealing Guidelines render all copying under them fair is denied