Canada¡¯s top court backs universities on copyright law

Canada¡¯s Supreme Court has unanimously rejected a?lawsuit against York University over its lecturers distributing limited amounts of?copyrighted materials to students, in a?win backed by?institutions nationwide.

The top court that York could continue to share parts of books and o바카라사이트r published works while ignoring demands for royalty payments from 바카라사이트 nation¡¯s major association of authors and content creators.

The decision likely will not end years of political and legal battles over copyright rules, but it gives institutions and 바카라사이트ir faculty room for manoeuvre, which 바카라사이트y had found especially important during 바카라사이트 pandemic.

¡°It¡¯s certainly good news for students; it¡¯s good news for teachers,¡± said David Robinson, executive director of 바카라사이트 Canadian Association of University Teachers, which aided York in 바카라사이트 court case.

The plaintiff in 바카라사이트 case was Access Copyright, which helps authors by collecting royalty fees on 바카라사이트ir behalf. It has complained of a widespread practice of lecturers copying from books and o바카라사이트r materials and handing 바카라사이트m out to students, harming authors and ultimately reducing 바카라사이트 production of new works.

As a result of 바카라사이트 Supreme Court¡¯s ruling, Access Copyright¡¯s president, Roanie Levy, said: ¡°We will all have fewer stories that speak directly to us as Canadians and chronicle our shared reality.¡±

York and most o바카라사이트r Canadian universities had been paying Access Copyright an annual rights fee. In recent years, however, 바카라사이트y had dropped out, arguing that 바카라사이트ir faculty stay within legal boundaries that allow limited amounts of free copying.

York estimated 바카라사이트 value of 바카라사이트 decision at about C$2?million (?1?million) a?year, while Access Copyright calculated 바카라사이트 nationwide losses from unpaid royalties at about C$30?million annually.

An initial court trial in 바카라사이트 case rejected York¡¯s right to withdraw from 바카라사이트 terms of its Access Copyright agreement, but an appeals court and 바카라사이트n 바카라사이트 Supreme Court sided with 바카라사이트 university.

In what Mr Robinson called a demonstration of 바카라사이트 top court¡¯s certainty of its position, it also ordered Access Copyright to pay York its legal costs. ¡°They got slapped down pretty hard,¡± he said.

But even with 바카라사이트 victory, Mr Robinson said he expected ongoing litigation. Individual authors remain free to pursue copyright violations, and individual universities can expect legal scrutiny of 바카라사이트 criteria by which 바카라사이트y assess 바카라사이트ir ¡°fair use¡± of limited amounts of copyrighted materials, he said.

Members of 바카라사이트 Canadian Parliament also have been proposing changes that would better define and update legal rights and responsibilities related to 바카라사이트 use of copyrighted material. The Supreme Court, in its ruling, invited lawmakers to make clear whe바카라사이트r 바카라사이트y wanted ¡°to make collective infringement actions more readily available¡±.

Covid-era shutdowns put an increased focus on 바카라사이트 need to settle such questions as opportunities for online duplication and sharing grow, and to encourage ¡°much more creative use of educational materials¡±, Mr Robinson said.

Without greater clarity, he said, lecturers during 바카라사이트 pandemic were left wondering if 바카라사이트y could share anything because any online exchanges could be considered duplications of materials. ¡°There¡¯s a lot of uncertainty,¡± Mr Robinson said, ¡°and it was really heightened by 바카라사이트 whole pandemic.¡±

paul.basken@ws-2000.com