Image credit: istock.com/peshkovOn February 22, 2024, the Federal Court of Canada issued its
decision in the legal action launched by the Ontario school
boards and Ministries of Education (excluding British Columba
and Quebec) (the “Plaintiffs”) against Access Copyright.
In its disappointing decision, the Federal Court declined to find that the Plaintiffs were voluntary licensees under the Access Copyright Elementary and Secondary Schools Tariff, 2010-2015, and required Access Copyright to return amounts overpaid under a continuation tariff by the Plaintiffs between 2010 to 2012.
Although this is an unfortunate result (particularly given that the Plaintiffs admitted before the Copyright Board of Canada that their schools made compensable copies of works within Access Copyright’s repertoire for which they have never made payment to rights holders) we delivered refunds in spring 2024 to the Plaintiffs in accordance with the decision of the Court. Access Copyright did not appeal the decision, so this matter is now final.
In its disappointing decision, the Federal Court declined to find that the Plaintiffs were voluntary licensees under the Access Copyright Elementary and Secondary Schools Tariff, 2010-2015, and required Access Copyright to return amounts overpaid under a continuation tariff by the Plaintiffs between 2010 to 2012.
Although this is an unfortunate result (particularly given that the Plaintiffs admitted before the Copyright Board of Canada that their schools made compensable copies of works within Access Copyright’s repertoire for which they have never made payment to rights holders) we delivered refunds in spring 2024 to the Plaintiffs in accordance with the decision of the Court. Access Copyright did not appeal the decision, so this matter is now final.