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

*Updated: May 2024
Learning Objectives:

- Recount the circumstances and outcome of Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright)
- Identify the more significant factors in the fair dealing analysis that contributed to the decision
- Outline the main issue from the dissenting opinion in the case

What about the "Nature of the work?"
Although the “nature of the work” is one of the six factors for determining fairness that were identified in the CCH case, not every factor will be relevant to every determination of fairness. The “nature of the work” factor was not discussed in this case.

In this case the teachers were making copies:

Q: In this case the teachers were making copies:
- Of short excerpts (correct)
- Of entire texts
- Of relevant book chapters

The Alberta (Education) decision confirms that, under fair dealing, Sam can lawfully reproduce an entire book if it is for the purpose of instruction.

Q: The Alberta (Education) decision confirms that, under fair dealing, Sam can lawfully reproduce an entire book if it is for the purpose of instruction.
A: false

The “amount” factor of the six-factor test refers to the number of copies made.

Q: The “amount” factor of the six-factor test refers to the number of copies made.
A: false

For the “purpose of the dealing” factor of the six-factor test, the Supreme Court and the Copyright Board interpreted “private study” in different ways. Provide the source for each interpretation.

Q: The [...] interpreted “private study” as something that is done in private that does not apply to teachers photocopying materials for instruction.
The [...] interpreted “private study” as something that can be done with others or in isolation. Instruction in the school context is effectively the same as private study and thus using excerpts of materials for instruction should be considered fair dealing.
A: Copyright Board; Supreme Court

For the “alternatives to the dealing” factor of the six-factor test the Supreme Court found that buying books for each student was:

Q: For the “alternatives to the dealing” factor of the six-factor test the Supreme Court found that buying books for each student was:
- Not a realistic alternative to copying short excerpts (correct)
- A realistic alternative to photocopying a textbook
- A realistic alternative to copying short excerpts
- Not necessary because students already had a textbook

The standard of review for the Court to apply to the decision of the Copyright Board is:

Q: The standard of review for the Court to apply to the decision of the Copyright Board is:
- “Reasonableness:” whether the decision is reasonable (correct)
- “Correctness:” whether the decision is correct

The Supreme Court reached its decision that the Copyright Board’s earlier decision

Q: The Supreme Court reached its decision that the Copyright Board’s earlier decision did not meet the “reasonableness” standard because that earlier decision had misapplied the CCH six factors.
A: true

Choose the correct statement.

Credits: Alberta (Education) v. Access Copyright; by University of Alberta; 2019; licence CC BY 4.0