A year ago in this blog, I addressed York University’s appeal of the federal court’s decision against its clams to “fair dealing” in its instructors’ reproduction of course materials in Canadian Copyright Licensing Agency (CCLA) v. York University. I am returning to this case, even as the appeal proceeds, because I’ve begun to think that it reveals the extent to which the Copyright Act is currently unable to serve both party’s legitimate rights and interests.
Judge Michael L. Phelan’s ruling in the original case, rendered July 12, 2017, denied York’s claim that the copying of materials by instructors . . . [more]