Canadian Copyright Licensing Agency v. York University, 2017 FC 669

CourtFederal Court (Canada)
Case DateJuly 12, 2017
JurisdictionCanada (Federal)
Citations2017 FC 669
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24 practice notes
  • York University v. Canadian Copyright Licensing Agency (Access Copyright),
    • Canada
    • Supreme Court (Canada)
    • July 30, 2021
    ..., 448 D.L.R. (4th) 456 , [2020] F.C.J. No. 509 (QL), 2020 CarswellNat 1294 (WL Can.), setting aside in part a decision of Phelan J., 2017 FC 669, [2018] 2 F.C.R. 43 , 149 C.P.R. (4th) 375 , [2017] F.C.J. No. 701 (QL), 2017 CarswellNat 3226 (WL Can.). Appeals dismissed.   ......
  • Canadian Copyright Licensing Agency c. Université York,
    • Canada
    • Federal Court (Canada)
    • July 12, 2017
    ...jusqu’à ce qu’elle dé-cide de s’y soustraire — Elle a soutenu que le Tarif provisoire T-578-132017 FC 669The Canadian Copyright Licensing Agency (“Access Copyright”) (Plaintiff/Defendant by Counterclaim)v.York University (Defendant/Plainti......
  • York University v. The Canadian Copyright Licensing Agency (Access Copyright), 2020 FCA 77
    • Canada
    • Court of Appeal (Canada)
    • April 22, 2020
    ...action and dismissed York’s counterclaim, which gave rise to this appeal: see Canadian Copyright Licensing Agency v. York University, 2017 FC 669, [2018] 2 F.C.R. 43 (Reasons). [4] For the reasons that follow, I would dismiss York’s appeal on the basis that a tariff approved by the Copyri......
  • Copyright - 2017 Year In Review
    • Canada
    • Mondaq Canada
    • April 5, 2018
    ...the underlying work, and alternatives to the dealing. Fair Dealing Guidelines In Canadian Copyright Licensing Agency v. York University (2017 FC 669), York University pointed to its Fair Dealing Guidelines to argue that staff who followed the Guidelines were fairly dealing when making copie......
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4 cases
  • York University v. Canadian Copyright Licensing Agency (Access Copyright),
    • Canada
    • Supreme Court (Canada)
    • July 30, 2021
    ..., 448 D.L.R. (4th) 456 , [2020] F.C.J. No. 509 (QL), 2020 CarswellNat 1294 (WL Can.), setting aside in part a decision of Phelan J., 2017 FC 669, [2018] 2 F.C.R. 43 , 149 C.P.R. (4th) 375 , [2017] F.C.J. No. 701 (QL), 2017 CarswellNat 3226 (WL Can.). Appeals dismissed.   ......
  • Canadian Copyright Licensing Agency c. Université York,
    • Canada
    • Federal Court (Canada)
    • July 12, 2017
    ...jusqu’à ce qu’elle dé-cide de s’y soustraire — Elle a soutenu que le Tarif provisoire T-578-132017 FC 669The Canadian Copyright Licensing Agency (“Access Copyright”) (Plaintiff/Defendant by Counterclaim)v.York University (Defendant/Plainti......
  • York University v. The Canadian Copyright Licensing Agency (Access Copyright), 2020 FCA 77
    • Canada
    • Court of Appeal (Canada)
    • April 22, 2020
    ...action and dismissed York’s counterclaim, which gave rise to this appeal: see Canadian Copyright Licensing Agency v. York University, 2017 FC 669, [2018] 2 F.C.R. 43 (Reasons). [4] For the reasons that follow, I would dismiss York’s appeal on the basis that a tariff approved by the Copyri......
  • Stross v. Trend Hunter Inc., 2020 FC 201
    • Canada
    • Federal Court (Canada)
    • February 6, 2020
    ...whether the dealing is “fair” is a question of fact to be assessed on the circumstances of each case (Access Copyright v. York University 2017 FC 669 at para 252 (“York University”)) bearing in mind the following six relevant factors: (i) the purpose of the dealing; (ii) the character of th......
20 firm's commentaries
  • Copyright - 2017 Year In Review
    • Canada
    • Mondaq Canada
    • April 5, 2018
    ...the underlying work, and alternatives to the dealing. Fair Dealing Guidelines In Canadian Copyright Licensing Agency v. York University (2017 FC 669), York University pointed to its Fair Dealing Guidelines to argue that staff who followed the Guidelines were fairly dealing when making copie......
  • Federal Court Finds University's Fair Dealing Guidelines Are Not So Fair. When Is Fair Foul, And Foul Fair?
    • Canada
    • Mondaq Canada
    • July 24, 2017
    ...Federal Court yesterday ruled in Canadian Copyright Licensing Agency (Access Copyright) v York University, 2017 FC 669, that York University's “Fair Dealing Guidelines” do not excuse it from having to pay royalties to Access Copyright—a collective that administers the rights of authors and ......
  • York University V The Canadian Copyright Licensing Agency (Access Copyright) (2020 FCA 77)
    • Canada
    • Mondaq Canada
    • November 24, 2020
    ...Court concluded that the tariffs imposed by Access Copyright were mandatory, and that York's guidelines did not constitute fair dealing (2017 FC 669). This decision is an appeal from the Federal Court's Fair Dealing Fair dealing is an exception to copyright infringement, and is permitted by......
  • Canadian Copyright Law Updates
    • Canada
    • Mondaq Canada
    • July 27, 2018
    ...that the Board's assessment of the compensable exposure was reasonable. In The Canadian Copyright Licensing Agency v. York University, 2017 FC 669, Access brought an action against York University ("York") to enforce its Interim Tariff issued by the Copyright Board for the period of time be......
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