Leave Granted to Appeal to SCC on K-12 Decision

Pauline Wong is the Assistant Director of IP Osgoode.

Leave has been granted to, essentially, the Council of Ministers of Education, Canada (CMEC) to appeal to the Supreme Court of Canada on the K-12 Tariff Case.  The decision on appeal was rendered by the Federal Court of Appeal

The case relates to a tariff approved by the Copyright Board (see news release, reasons and tariff), which requires a levy to be paid for photocopying excerpts from textbooks for use in classroom instruction for students in kindergarten to grade 12.  The respondent on appeal is Access Copyright, the copyright collective that would collect the levy on behalf of authors and publishers of copyrighted works.

Professor Sam Trosow a Professor at the University of Western Ontario, Faculty of Law and Faculty of Information and Media Studies, provides a brief summary of the application for leave in his blog entry: “SCC Grants Leave in K-12 Tariff Case”.