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

Published: Oct. 28, 2021, 6:41 p.m.

The Federal Court of Appeal delivered its\xa0long-awaited copyright ruling\xa0in 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\u2019s fair dealing analysis.\nThe decision also represents a major validation for University of Toronto law professor\xa0Ariel Katz, whose research and publications, which made the convincing case that a \u2018mandatory tariff\u2019 lacks any basis in law\u201d, 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.\nThe 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.\n\nShow Notes:\nSpectre: Canadian Copyright and the Mandatory Tariff \u2013 Part I\nCredits:\nStanding Committee on Industry, Science and Technology, May 24, 2018