Intervener Factum of the Centre for Innovation Law and Policy in Alberta (Education) v. Access Copyright

Abstract

What is the scope of fair dealing in education?

In November 2011 the Centre for Innovation Law and Policy (CILP) submitted an Intervener Factum in Alberta (Education) v. Access Copyright, then pending before the Supreme Court of Canada. The Factum discusses the scope of fair dealing in educational institutions and in particular the meaning of "private study." CILP argued that decisions below erred in concluding that fair dealing cannot apply to copies that are made by a teacher or at a teacher's initiative, and that there was no basis for concluding "private study" excludes "teaching" or "instruction."

In July 2012 the Supreme Court of Canada agreed (Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37 (CanLII)).

Keywords: copyright,, fair dealing, fair use