The Supreme Court of Canada has approved appeal applications from both York University and Access Copyright over the longstanding issue of fair dealing and copyright-protected works in the education sector. Timing for the hearing has yet to be announced.

This decision represents the latest chapter in the ongoing litigation between the university and the copyright-management organization, but one that could have far-reaching effects for all those involved on both sides.

In July 2017, York University said it planned to appeal a court ruling that it avoided paying reproduction fees on copyrighted material handed out to students. Justice Michael L. Phelan enforced Access Copyright’s interim tariff over York’s own fair-dealing program, which allows 10 per cent of a copyrighted material to be copied and distributed for course work without paying creator royalties.

In April 2020, the Federal Court of Appeal agreed with the lower court’s decision that York’s fair-dealing guidelines did not meet the Supreme Court’s test for fair dealing. However, it also ruled that the tariffs certified by the Copyright Board of Canada are not mandatory, which is the grounds for Access Copyright’s current appeal. The organization estimates the loss in royalties to Canadian creators and publishers to be upwards of $150 million under the tariff system.

Roanie Levy, president and CEO of Access Copyright, says in a statement: “Canadian creators and publishers have been deprived of fair payment by the education sector for almost a decade. COVID-19 has made the wound of not being paid even more painful. Our copyright system is not working. It is fraught with uncertainty and the federal government needs to roll up its sleeves and take immediate action.”