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

37 Pages Posted: 2 Feb 2013 Last revised: 12 Mar 2013

See all articles by Ariel Katz

Ariel Katz

University of Toronto - Faculty of Law

Howard Knopf

Macera & Jarzyna, LLP

Date Written: November 21, 2011

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

Suggested Citation

Katz, Ariel and Knopf, Howard, Intervener Factum of the Centre for Innovation Law and Policy in Alberta (Education) v. Access Copyright (November 21, 2011). Available at SSRN: https://ssrn.com/abstract=2210447 or http://dx.doi.org/10.2139/ssrn.2210447

Ariel Katz (Contact Author)

University of Toronto - Faculty of Law ( email )

78 Queen's Park
Toronto, Ontario M5S 2C5
Canada
416-978-8892 (Phone)
416-978-2648 (Fax)

HOME PAGE: http://www.law.utoronto.ca/faculty/katz

Howard Knopf

Macera & Jarzyna, LLP ( email )

12th Floor, 427 Laurier Ave W.
Ottawa, Ontario
Canada

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