Episode 50: Ariel Katz on the Long-Awaited York University v. Access Copyright Ruling

October 28, 2021 00:34:59
Episode 50: Ariel Katz on the Long-Awaited York University v. Access Copyright Ruling
Law Bytes
Episode 50: Ariel Katz on the Long-Awaited York University v. Access Copyright Ruling

Oct 28 2021 | 00:34:59

/

Show Notes

The Federal Court of Appeal delivered its long-awaited copyright ruling in the York University v. Access Copyright case last month. This latest decision effectively confirms that educational institutions can opt-out of the Access Copyright licence since it is not mandatory and that any claims of infringement will be left to copyright owners to address, not Access Copyright. The decision is a big win for York University and the education community though they were not left completely happy with the outcome given the court’s fair dealing analysis.

The decision also represents a major validation for University of Toronto law professor Ariel Katz, whose research and publications, which made the convincing case that a ‘mandatory tariff’ lacks any basis in law”, was directly acknowledged by the court and played a huge role in its analysis. Professor Katz joins me on the podcast this week to talk about the case, the role of collective licensing in copyright law, and what might come next for a case that may force Access Copyright to rethink the value proposition of its licence.

The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod.

Show Notes:

Spectre: Canadian Copyright and the Mandatory Tariff – Part I

Credits:

Standing Committee on Industry, Science and Technology, May 24, 2018

Other Episodes

Episode 0

October 22, 2021 00:42:44
Episode Cover

Episode 24: A Tribute to Ian Kerr

The first episode of the new season of the Lawbytes podcast is dedicated to my good friend and colleague Ian Kerr, a giant in...

Listen

Episode 0

June 12, 2023 00:28:08
Episode Cover

Episode 170: The Bill C-18 End Game - What the Senate Heard About the Online News Act

Bill C-18, the Online News Act, heads to clause-by-clause review this week at the Senate Transport and Communications Committee. The committee’s study of the...

Listen

Episode 0

January 31, 2022 00:25:14
Episode Cover

Episode 115: Reuven Avi-Yonah on the Past, Present and Future of Digital Services Taxes

There has been mounting concern over the past few years over whether some of the world’s largest companies – primarily big tech – pay...

Listen