Access Copyright alleges that York University’s fair dealing guidelines encourage copying that is not supported by the law AND that there is no justification for York University to “operate outside of the tariff.”
York University is a very large university (3rd in terms of enrolment in Canada, I believe) and as such, is probably also one of the top on Access Copyright’s list of public enemies – those Canadian institutions who don’t sign its licenses. York chose to operate outside of AC’s expensive and unnecessary license and is now being punished for doing so.
This was all foreshadowed by a letter issued by Access Copyright last fall whereby institutions who considered not signing the license were threatened with potential lawsuits.
Here is part of the release from the UT Librarians site:
The legal fronts are as follows:
A lawsuit has been launched against YorkUniversity. It alleges that York’s purported fair dealing guidelines authorize and encourage copying thatis notsupported by the law, and that there is no justification for the University to operate outside the interim tariff.
An interim elementary and secondary school education tariff application has been filed with the Copyright Board of Canada. This application seeks an effective enforcement mechanism against the ministries of education and Ontario school boards for stated intentions to stop paying the royalties set by the Copyright Board.
A proposed post‐secondary tariff has been filed with the Copyright Board of Canada for the period of 2014‐2017. With this application, Access Copyright ensuresthe continuation of an existing process atthe Copyright Board to establish the royaltiesto be paid forthe use of copyright‐protected contentin post‐secondary educational institutions.
Details obtained from the UT Librarians site.