Docket: T-578-13
Citation: 2017 FC 670
Ottawa, Ontario,
July 12, 2017
PRESENT: The Honourable Mr. Justice Phelan
BETWEEN:
THE CANADIAN COPYRIGHT LICENSING AGENCY ("ACCESS
COPYRIGHT")
Plaintiff/
Defendant by Counterclaim
and
YORK UNIVERSITY
Defendant/
Plaintiff by Counterclaim
JUDGMENT
FOR THE REASONS issued this day, IT IS ORDERED AND
ADJUDGED that:
1.
The Plaintiff is entitled to a declaration that
the Defendant, York University, either directly or vicariously, from September
1, 2011 to at least December 31, 2013, reproduced and authorized the
reproduction of copyright protected works, in whole or in substantial part, the
reproduction and authorized reproduction of which obliges the Defendant to pay
royalties to the Plaintiff under the Access Copyright Interim Post-Secondary
Education Institutions Tariff 2011-2013 [the Approved Tariff].
2.
The Defendant shall pay the royalties specified
in the Approved Tariff for the periods specified therein.
3.
The Plaintiff may apply for an injunction
prohibiting the Defendant from reproducing or authorizing reproduction of all
copyright protected works falling within the Approved Tariff and offering such
reproduction for sale, rent or distribution until all amounts of royalties plus
interest are paid.
4.
The Defendant shall pay pre-judgment and
post-judgment interest on all royalty amounts that are due in accordance with
the Federal Courts Act, RSC 1985, c F‑7.
5.
The Plaintiff is entitled to costs to be
determined at a later date.
6.
The Defendant’s counterclaim and claim for
declaratory relief is dismissed.
7.
The Court shall remain seized of this matter to
address issues arising from this Judgment and Reasons including but not limited
to the calculation of amounts which are due or may become due.
“Michael L. Phelan”
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