Alberta V Canadian Copyright Licensing Case Study

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The case of “Alberta (Education) v Canadian Copyright Licensing Agency (Access Copyright) was brought before the Supreme Court of Canada on July 12, 2012. At issue was whether the Copyright Board’s conclusion regarding the copying of material as being unfair according to Canadian Copyright law. Specifically, the issue focused on teachers making photocopies excerpts of textbooks, with the intent to distribute the material to students as part of course materials. The question raised was whether this action applied to the ‘fair dealing” specifications laid out in the Canadian Copyright Act. Common practice throughout schools across Canada (from elementary to post-secondary institutions), include teachers and professors making photocopies of segments of copyrighted materials for distribution to students for various uses to further education. A licensing agency, Access Copyright, filed for changes to law so that tariffs and royalties be collected from those who make copies of licensed materials. Education institutions argued that the action of making copies did not constitute copyright infringement and should be excluded from any tariffs as the copies applied to the “fair dealing” aspect of the Copyright Act. The concept of fair practice would allow a student…show more content…
This decision allowed the appeal and sent the matter back to the Copyright Board for reevaluation. This interpretation of “fair dealing” will have implications for future dealings with copyright law as many questions of definitions arise with what actions, and who would apply to this ruling. However, in this case the determination made by the SCC will permit educators, for the time being, to continue making copies of texts, with the intent of providing “research, private study” or

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