On April 22, 2020 the Federal Court of Appeal (FCA) delivered its long-awaited decision in York University v. Access Copyright, for which the FCA hearing was held over a year ago on March 5 and 6, 2019. On the matter of whether an approved tariff is mandatory, the FCA concluded that "a final tariff would not be enforceable against York because tariffs do not bind non-licensees" (para 204). Regarding the fairness of York's fair dealing guidelines, the FCA said "it was incumbent on [York] to justify [York's Fair Dealing] Guidelines themselves so as allow the Court to declare that reproductions that fall within the Guidelines are fair dealing. It has not done so" (para 310).
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On April 22, 2020 the Federal Court of Appeal (FCA) delivered its long-awaited decision in York University v. Access Copyright, for which the FCA hearing was held over a year ago on March 5 and 6, 2019. On the matter of whether an approved tariff is mandatory, the FCA concluded that "a final tariff would not be enforceable against York because tariffs do not bind non-licensees" (para 204). Regarding the fairness of York's fair dealing guidelines, the FCA said "it was incumbent on [York] to justify [York's Fair Dealing] Guidelines themselves so as allow the Court to declare that reproductions that fall within the Guidelines are fair dealing. It has not done so" (para 310).
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