Canadian Copyright Licensing Agency v. York University

Canadian Copyright Licensing Agency v. York University

The Copyright Board interim tariff issued December 23, 2010 is mandatory and enforceable against York University; York is vicariously liable for unauthorized copying by its employees/agents; York’s Fair Dealing Guidelines are not fair under the CCH factors (character, amount, alternatives, nature, effect) and the declaratory relief sought by York is denied; plaintiff entitled to declaration of entitlement to royalties and ancillary relief with calculation of amounts deferred to Phase II.

Citation
2017 FC 669
Parties
Plaintiff/defendant by Counterclaim: The Canadian Copyright Licensing Agency (Access Copyright); Defendant/plaintiff by Counterclaim: York University
Court
Federal Court
Jurisdiction
Canada
Judgment Date
12 July 2017
Procedural Posture
Copyright Enforcement Action to Recover Royalties Under a Copyright Board Interim Tariff and Counterclaim for Declaratory Relief of Fair Dealing / Judgment on Liability; Phase II Reserved for Calculation of Amounts Owing (damages)
Outcome
Interim Tariff held mandatory and enforceable; Access Copyright awarded declaration of entitlement to royalties and ancillary relief; York’s counterclaim declaring its Fair Dealing Guidelines to render copying lawful dismissed; Phase II to quantify amounts owing; costs and pre- and post-judgment interest granted to...
Legal Topics
Interim Tariff Enforceability, Fair Dealing Exception, Vicarious Liability, Statutory Interpretation of Tariff Scheme, Market Impact and Damages Estimation
Source Language
English
Copyright Law Administrative Law Civil Procedure Interim Tariff Enforceability Fair Dealing Exception Vicarious Liability Statutory Interpretation of Tariff Scheme Market Impact and Damages Estimation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

The Canadian Copyright Licensing Agency (Access Copyright)

Plaintiff/defendant by Counterclaim

York University

Defendant/plaintiff by Counterclaim

Procedural Posture

Copyright Enforcement Action to Recover Royalties Under a Copyright Board Interim Tariff and Counterclaim for Declaratory Relief of Fair Dealing / Judgment on Liability; Phase II Reserved for Calculation of Amounts Owing (damages)

Legal Issues

  1. 1 Whether the Copyright Board interim tariff of December 23, 2010 is mandatory and enforceable against York University
  2. 2 Whether York University’s Fair Dealing Guidelines render York’s reproductions fair dealing under s.29 of the Copyright Act
  3. 3 Whether York is vicariously liable for unauthorized copying by professors and external copy shops (Keele)

Ratio Decidendi

The Copyright Board interim tariff issued December 23, 2010 is mandatory and enforceable against York University; York is vicariously liable for unauthorized copying by its employees/agents; York’s Fair Dealing Guidelines are not fair under the CCH factors (character, amount, alternatives, nature, effect) and the declaratory relief sought by York is denied; plaintiff entitled to declaration of entitlement to royalties and ancillary relief with calculation of amounts deferred to Phase II.

Court Disposition

Interim Tariff held mandatory and enforceable; Access Copyright awarded declaration of entitlement to royalties and ancillary relief; York’s counterclaim declaring its Fair Dealing Guidelines to render copying lawful dismissed; Phase II to quantify amounts owing; costs and pre- and post-judgment interest granted to...

Orders

  • Declaration that the Interim Tariff of December 23, 2010 is mandatory and enforceable against York University
  • Declaration that York University is not entitled to the broad declaratory relief sought that its Fair Dealing Guidelines render all reproductions fair; York’s counterclaim denied