Leave to Appeal Granted in Elementary and Secondary School Tariff, 2005-2009
We are disappointed to announce that the Supreme Court of Canada decided today to hear the appeal by the Council of Ministers of Education (excluding Quebec) and the Ontario school boards (Objectors) of the Copyright Board's decision in the Access Copyright Elementary and Secondary School Tariff, 2005 - 2009.
In June 2009 the Copyright Board of Canada certified a
tariff of $5.16 per FTE for the photocopying of published works in
K-12 schools. The Objectors appealed the Copyright Board decision
to the Federal Court of Appeal which in turn rendered a decision
largely in favour of Access Copyright. Dissatisfied with the
Federal Court of Appeal decision, the Objectors sought leave to
appeal to the Supreme Court of Canada.
The two issues under review by the Federal Court of Appeal were the Board's assessment of fair dealing and its interpretation of the tests and examinations exemption in section 29.4 of the Copyright Act. In its decision, the Federal Court of Appeal upheld the Copyright Board's assessment of fair dealing. The Objectors are appealing this part of the Federal Court of Appeal's decision to the Supreme Court of Canada. On the issue of tests and examination, the Court found that the Copyright Board had not considered all the requisite elements of the exemption and requested that the matter be remitted back to the Copyright Board for reconsideration.
Access Copyright will keep you apprised of any developments in this proceeding.