CPC Responds to SCC Decision in York vs Access Copyright suit

The Canadian Publishers’ Council (CPC) responded to the SCC ruling with disappointment over the on-going market disruption that prevails in the Education sector in Canada.

“This SCC decision does nothing to clarify the intended purpose of the Fair Dealing exception introduced in 2012,” said CPC President David Swail. (The SCC ruled 9-0 to dismiss York’s appeal seeking to sanction its Fair Dealing guidelines). “We are left with the court’s refusal to bless the Education sector’s Fair Dealing guidelines, while Canadian creators – writers, artists, illustrators – continue to be deprived of fair compensation for their work. Cleary the onus is on this government to act to clarify its intentions.”

CPC has been adding its voice to the on-going chorus of creative sector organizations calling on the federal government to amend the Copyright Act to bring balance back to the market for educational
resources. The government’s own 2019 report, Shifting Paradigms, outlines the key fixes that are needed to address the dramatic negative impact on the creative sector brought about by ambiguous fair dealing exceptions introduced in 2012.

“For years on end we have been urging the federal government to act to improve flawed copyright law, and the SCC decision reinforces how undervalued the market for high quality creative work in the
educational sector has become,” CPC said Chair Marlene Olsavsky. “For the sake of the writers and artists whose work is being copied without compensation, we ask the federal government yet again to take action on their own recommendations outlined in Shifting Paradigms.”

About CPC:
Founded in 1910, the Canadian Publishers’ Council (CPC) represents the interests of publishing companies that publish books and other media for elementary and secondary schools, colleges and
universities, professional and reference markets, the retail and library sectors. Members employ more than 3,000 Canadians and collectively account for nearly three-quarters of all domestic sales of English-language books, with a significant presence in French-language publishing in Quebec. As importantly, member firms pay over $36 million in royalties to Canada’s writers and creators.