The Association of Canadian Publishers (ACP) welcomes the decision of the Federal Court in the case of Access Copyright v. York University. The Court found that the guidelines around fair dealing are not fair and tariffs certified by the Copyright Board are enforceable.
With this decision in hand, ACP is eager to work in collaboration with our partners in education to find solutions that work for educators while also ensuring fair compensation for rightsholders whose creative work contributes so much to education in Canada. Fair compensation will ensure that Canadian publishers will be able to continue to develop innovative learning tools and educational resources for Canadian students that truly reflect their world, and that meet the needs and expectations of their educators.
ACP views the York decision as an important step in clarifying parameters of fair dealing for education. Since education was added as a purpose for fair dealing through the Copyright Modernization Act in 2012, royalty distributions to Access Copyright affiliates, including independent Canadian book publishers, have declined by 80%— more than $50 million in collective licensing royalties alone.
“Today’s decision is positive for our members and for all Canadians,” said ACP president Glenn Rollans. “We now have some very important guidance from the Court on fair dealing in education, and we look forward to again investing with confidence in high-quality learning resources that reflect Canadian stories, peoples, history, priorities and values.”
ACP expects that this decision will help inform this fall’s mandatory review of the Copyright Modernization Act, and looks forward to participating fully in that process.