CIPPIC Files Intervener Factum in York University v Access Copyright

| April 26, 2021

supreme court of canada
"supreme court of canada" by jacob earl is licensed under CC BY-NC-ND 2.0

CIPPIC has filed its intervener factum in the Supreme Court in York University v Access Copyright, SCC No, 39222, an important case addressing the scope of educational fair dealing. CIPPIC argues that a purposive interpretation of fair dealing that embodies Charter values:/p>

  • recognizes that copyright is right to exclude, not simply be paid;
  • identifies the relevant perspective as that of the ultimate user;
  • recognizes universities’ unique role as cradles of authorship and innovation; 
  • appreciates educational institutions' role in society where truth is contested; and
  • appreciates that intermediaries and commercial actors are aspects of marketplaces that facilitate the socially beneficial exercise of both owners’ and users’ rights.

David Fewer acted for CIPPIC.  CIPPIC was supported by a broad team of students, including articling student Bo Kruk and interns Sarah Crothers, Tina Dekker, Matthew Akl, and research assistant Courtney Wong.

The hearing of this appeal is currently set for May 21, 2021.