On July 12, 2017, the Federal Court released its ruling on the first phase of the litigation between Access Copyright and York University. The Court found that a Copyright Board tariff was applicable to York University for the years 2011-2013, and that the York University fair dealing guidelines were not fair in the context of the facts of the case. On July 31, 2017, York University announced its decision to appeal the ruling to the Federal Court of Appeal. The Federal Court of Appeal hearing in the York University and Access Copyright case will take place in Ottawa on March 5th and 6th, 2019.
Although the ruling applies to York University and is based upon York University’s specific practices and situation, the University of Ottawa is reviewing this ruling to fully understand its potential impact. In the meantime, all faculty and staff should continue to follow procedures and practices communicated by the University of Ottawa relating to copyright-protected works.