Episode 98: Kim Nayyer on the Supreme Court of Canada's Landmark Access Copyright v. York University Copyright Ruling

October 19, 2021 00:37:47
Episode 98: Kim Nayyer on the Supreme Court of Canada's Landmark Access Copyright v. York University Copyright Ruling
Law Bytes
Episode 98: Kim Nayyer on the Supreme Court of Canada's Landmark Access Copyright v. York University Copyright Ruling

Oct 19 2021 | 00:37:47

/

Show Notes

The Supreme Court of Canada recently brought a lengthy legal battle between Access Copyright and York University to an end, issuing a unanimous verdict written by retiring Justice Rosalie Abella that resoundingly rejected the copyright collective’s claims that its tariff is mandatory, finding that it had no standing to file a lawsuit for copyright infringement on behalf of its members, and concluding that a lower court fair dealing analysis that favoured Access Copyright was tainted. The decision removes any doubt that the Supreme Court remains strongly supportive of user’s rights and vindicates years of educational policy in shifting away from Access Copyright toward alternative means of ensuring compliance with copyright law.

Kim Nayyer is the Edward Cornell Law Librarian, Associate Dean for Library Services, and Professor of the Practice at Cornell Law School. She appeared before the Supreme Court in this case, representing the Canadian Association of Law Libraries as an intervener. She joins the Law Bytes podcast to talk about the case and its implications for the future of copyright, education, and collective rights management.

The podcast can be downloaded here, accessed on YouTube, 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:

Access Copyright v. York University

Credits:

Supreme Court hearing, Access Copyright v. York University

Other Episodes

Episode 0

October 20, 2021 00:02:24
Episode Cover

Episode 1: Welcome to LawBytes

In recent years the intersection between law, technology, and policy has exploded as digital policy has become a mainstream concern in Canada and around...

Listen

Episode 0

July 10, 2023 00:45:37
Episode Cover

Episode 173: Tom Cardoso on Access to Information and the Globe and Mail’s Secret Canada Initiative

Canada’s Access to Information system is now widely viewed as a failure, marked by extensive delays and processes that can be difficult to navigate....

Listen

Episode 0

October 28, 2021 00:26:15
Episode Cover

Episode 56: Eloïse Gratton on Quebec's Plan to Overhaul its Privacy Law

The state of Canadian privacy law has been ongoing source of concern with many experts concluding that the law is outdated and no longer...

Listen