Copibec suing Laval a test of copying policy?


Copibec: $4 million class action lawsuit against L’Universite Laval for copyright infringement

Copibec, the Quebec counterpart of Access Copyright, has started litigation in the Quebec Superior Court against l’Université Laval.  Both organizations are copyright collectives that collect revenues from licensed Canadian universities, libraries and other copyright users for the reproduction of published works and distribute those monies to the rightsholders of those works, such as publishers and authors from Canada and around the world.  (For details of the suit, please see the links below.)

This case is not unlike the Access Copyright v York University case, in that both universities previously had licences with the copyright collectives, but both, after the Copyright Modernization Act and the ‘Copyright Pentalogy’ cases issued by the Supreme Court of Canada in 2012, which strengthened fair dealing provisions and added educational exceptions, decided not to renew their licences.  Both universities chose instead to rely on university policies regarding the use of third-party works for teaching, learning, research and private study purposes.

The law suits differ in some respects.  Importantly, however, both cases may be a test for university policies regarding educational and fair dealing copying which rely on copyright law reform and the SCC cases of 2012.

For more information:

Knopf, H. (2014, November 17). Copibec v Laval – the class action – first step. Excess Copyright. [Web log post.]

Knopf, H. (2014, November 10). Now COPIBEC is suing Laval in the Quebec Superior Court. Excess Copyright. [Web log post.]

Harris, Lesley Ellen. (2014, November 16). Canadian Copyright Law Lawsuit Against Université Laval. [Web log post.]