Case Brief Assignment

CASE BRIEF ASSIGNMENT

BUSINESS LAW 3051 (2012 FA)

MATTHIAS MAJERCZYK

STUDENT # - 0474450

TUESDAY, OCTOBER-02-12

Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), (2012) SCC 37

FACTS

* Teachers from elementary and secondary schools in all provinces other than Quebec made photocopies of short excerpts of copyrighted work.

* These short excerpts were distributed to students.

* Multiple copies of the same excerpt were made and distributed to the whole class.

* Teachers made copies to facilitate the students’ research and private study and to enable the students to have the material they need for the purpose of studying.

* Photocopying is mainly to serve the teacher’s purpose of teachings.

* There were no non-copyrighted alternatives.

* The teachers did not constitute fair dealing and therefore subject to a royalty.

NATURE OF CLAIM

* Whether the photocopying of textbook excerpts by teachers, on their own initiative, to distribute to students as part of course materials, is "fair dealing" pursuant to the provisions of the Copyright Act.

JUDICIAL HISTORY

* The Supreme Court of Canada ("SCC"), in a 5-4 split decision, allowed an appeal from the Federal Court of Appeal ("FCA").

COURT AND JUDGES

* Federal Court of Appeal upheld the Copyright Board’s conclusion that the copies were not fair dealing.

REASONS FOR DECISION

* The teachers made the copies for the separate purpose of "instruction”, but teachers do not have a completely separate purpose of "instruction," but rather facilitate the students' research and private study.

* The copier (the teacher) had an ulterior motive unrelated to "research or private study," such as a commercial motive.

* Copies were for the purpose of "non-private" study since they were used in a class rather than privately. But the term "private" should not be understood as requiring the copies to be viewed in isolation. Rather, the act of studying is...