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CAUT will intervene in York University copyright case

(Ottawa – April 23, 2018) The Canadian Association of University Teachers (CAUT) and the Canadian Federation of Students (CFS) have been granted leave to intervene in the York University v.The Canadian Copyright Licensing Agency ("Access Copyright") case.

The decision by the Federal Court of Appeal allows CAUT to make written and oral arguments in a case that holds important implications for the way students, teachers, librarians and researchers use and share copyrighted material.

“This is a real victory,” says CAUT Executive Director David Robinson. “The initial decision represented a significant setback for the education sector, and was not in keeping with other recent Supreme Court of Canada (SCC) jurisprudence. We look forward to making the case for fair dealing at the Court of Appeal.”

The case was first heard at the Federal Court’s trial division level, where Judge Michael Phelan adopted a strict interpretation of fair dealing and ruled against the university’s copyright practices.

If upheld, that decision would sharply limit the exchange of information within the university and college sector by forcing users to seek permission, and pay substantial amounts of money for uses the SCC has said should be free.