Law360 Canada ( July 30, 2021, 3:03 PM EDT) -- Appeal by Access Copyright from the dismissal by the Federal Court of Appeal of its tariff enforcement action. Appeal by York University from the dismissal of its fair dealing counterclaim. Access was a collective society who licenced reproduction rights in published literary works on behalf of creators and publishers. From 1994 to 2010, the parties’ licence agreement permitted professors from York to make copies of public works in Access’s repertoire and set the applicable royalties. When renewal negotiations were unsuccessful, Access filed a proposed tariff with the Copyright Board for post-secondary institutions and requested certification of a tariff on an interim basis. York initially paid the interim tariff approved by the Board, which was based on the previous licence agreement royalty rates, but subsequently informed Access it would not continue as a licensee. Access commenced an action to enforce the interim tariff. York counterclaimed for a declaration that any copying conducted within its fair dealing guidelines was protected by fair dealing rights. The Federal Court found the interim tariff was enforceable against York and that neither its guidelines nor its actual practices constituted fair dealing. The Federal Court of Appeal allowed York’s appeal on the tariff enforcement action, finding the Board approved tariffs were voluntary for users, but dismissed its appeal on the fair dealing counterclaim....