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Supreme Court of Canada refuses to legitimize uncompensated copying by the education sector

TORONTO, July 30, 2021 /CNW/ - Access Copyright's case against York University was about remedying the significant and sustained economic harm to creators and publishers caused by the mass, systemic and systematic copying of their works without compensation by the education sector under self-defined fair dealing guidelines. This economic harm was proven in court. Today's Supreme Court decision did nothing to undermine that conclusion. Indeed, it declined to endorse York's guidelines, which are virtually identical to the guidelines adopted by most of the education sector outside of Quebec.While today's decision does not dispute the harm, it declines to remedy it.After almost 10 years of litigation and economic harm to the writing, visual arts and publishing sector, creators are still left fighting for fair compensation for the use of their works by educational institutions.Disappointingly, the Court's decision undermines collective licensing as well as the role of the Copyright Board of Canada in upholding a functioning market for creative works.
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