On July 16 the federal government launched its third consultation of 2021 on Canadian copyright law. This time the focus was artificial intelligence and the Internet of Things. The specific topics addressed include text and data mining, authorship and ownership of works created by AI, infringement and liability regarding AI, and repair and interoperability issues related to technological protection measures.
On July 30, 2021 the Supreme Court released its judgement in York University v. Access Copyright a mere two months after the May 21, 2021 hearing. The Court dismissed the appeal from Access Copyright (AC) regarding "mandatory" tariffs, thereby upholding the Federal Court of Appeal ruling that "an approved tariff is not binding against a user who does not accept a licence" (para 76).
The Court dismissed York's fair dealing appeal since the Court's finding that the interim tariff was not enforceable against York meant that "there is no live dispute between the parties" (para 83). However, the Court said it did not endorse the fair dealing analyses of the lower courts and chose to provide comments "to correct some aspects of the reasoning from the courts under review which, respectfully, depart from this Court’s jurisprudence" (para 88).
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