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The lengthy Federal Court decision released today in the 2013 lawsuit filed by Access Copyright against York University finds in favour of Access Copyright on both of the two main issues.

Regarding whether the interim postsecondary tariff approved by the Copyright Board in 2010 is mandatory, the Court stated, "The Interim Tariff is mandatory and enforceable against York. To hold otherwise would be to frustrate the purpose of the tariff scheme of the Act and the broad powers given to the Board to make an interim decision pursuant to s 66.51 of the Act, and to choose form over substance."

And on York University's fair dealing guidelines (which closely follow guidelines adopted by most public institutions in the Canadian education sector), the Court said, "York’s own Fair Dealing Guidelines . . . are not fair in either their terms or their application. The Guidelines do not withstand the application of the two-part test laid down by Supreme Court of Canada jurisprudence to determine this issue."

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Federal Court of Canada rules interim tariff is mandatory and York's fair dealing guidelines are not fair

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Federal Court of Canada rules interim tariff is mandatory and York's fair dealing guidelines are not fair

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