Court Of Appeal Reverses Decision Against York University For Payment Of Royalties

• Published date: 20 May 2020
• Author: Oyen Wiggs Green & Mutala
• Subject Matter: Intellectual Property, Litigation, Mediation & Arbitration, Copyright, Trials & Appeals & Compensation
• Law Firm: Oyen Wiggs Green & Mutala

The Canadian Federal Court of Appeal recently issued a decision allowing York University's appeal against a ruling that York University was required to pay royalties for its copying activities in York University v. The Canadian Copyright Licensing Agency (Access Copyright), 2020 FCA 77.

Federal Court Proceeding

The original plaintiffs, the Canadian Copyright Licensing Agency (Access Copyright), alleged that York University was obligated to pay royalties to copyright owners for copying protected works, such as textbooks, according to a tariff approved by the Copyright Board of Canada. At the Federal Court of Canada, York University asserted that 1) it was not bound by the tariff; and 2) it was exempted from having to pay royalties because its copying fell under the fair dealing exception to copyright. York University was unsuccessful on both counts in the Federal Court.

Court of Appeal Proceeding

Enforceability of Tariff

The Court of Appeal noted that tariffs set by copyright collectives such as Access Copyright was effective only to bind licensees. In the present case, because York University was not a licensee and because Access Copyright was not suing York University for copyright infringement, Access Copyright is unable enforce the tariff against...