Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright)

“Education thrives when fair dealing is respected.”

SHORT DESCRIPTION

The decision in Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright) is a landmark ruling that significantly strengthened the scope of fair dealing in the context of education. The Supreme Court of Canada clarified that teachers’ use of copyrighted materials for classroom instruction falls within the fair dealing rights of students. This judgment plays a crucial role in balancing copyright protection with the public interest in access to education and knowledge dissemination.

FACTS OF THE CASE

Access Copyright is a collective society that administers reproduction rights for authors and publishers in Canada. It sought to impose tariffs on educational institutions for photocopying excerpts from textbooks and other copyrighted materials for classroom use. The Province of Alberta, representing schools and teachers, opposed these tariffs, arguing that such copying was done solely to facilitate students’ education and research.

Teachers routinely photocopied short excerpts from textbooks and distributed them to students as part of classroom instruction. Access Copyright claimed that teachers were independent users and that their copying activities did not qualify as fair dealing. Alberta argued that teachers act on behalf of students and that the copying was an essential part of the learning process.

ISSUES INVOLVED

The central issue before the Court was whether copying by teachers for classroom instruction qualifies as fair dealing under the Copyright Act. The Court also examined whether teachers should be treated as separate users or as facilitators of students’ educational purposes. Another important issue was whether educational institutions should be burdened with licensing fees for routine instructional copying.

ARGUMENTS OF THE PARTIES

Access Copyright argued that teachers are not students and that copying by teachers should be viewed independently. It claimed that such copying went beyond fair dealing and caused economic harm to authors and publishers.

Alberta (Education) argued that teachers do not copy materials for their own benefit but solely to assist students in research, private study, and education. It emphasized that denying fair dealing in this context would severely restrict access to learning materials and undermine the education system.

FINDINGS AND OBSERVATIONS OF THE COURT

The Supreme Court of Canada ruled in favor of Alberta (Education) and held that teachers’ copying activities fall within fair dealing. The Court emphasized that fair dealing must be given a broad and liberal interpretation. It observed that teachers act as intermediaries who facilitate students’ access to educational content and that separating teachers’ actions from students’ purposes would be artificial and unreasonable.

The Court reaffirmed that fair dealing is a user’s right and must not be interpreted restrictively. It concluded that short excerpts copied for classroom use do not amount to copyright infringement and do not require payment of additional licensing fees.

SUGGESTION / PRACTICAL TAKEAWAY

This judgment provides significant relief to educational institutions and reinforces the principle that copyright law should support, not hinder, education. Schools and teachers may rely on fair dealing for limited copying done strictly for instructional purposes. At the same time, institutions must ensure that copying remains reasonable and proportionate.

JUDGMENT

Year : 2012

The Supreme Court of Canada held that teachers’ photocopying of short excerpts for classroom instruction constitutes fair dealing and does not require payment of additional royalties.