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''Alberta (Minister of Education) v Canadian Copyright Licensing Agency (Access Copyright)'', (2012 SCC 37 ), is a Supreme Court of Canada case that considered whether the photocopying of textbook excerpts by teachers, on their own initiative, to distribute to students as part of course materials is fair dealing pursuant to the provisions of the Copyright Act. The Supreme Court, in a 5/4 split, concluded that the Copyright Board made several errors in its analysis of the "fairness factors". Thus, it allowed the appeal and remitted the matter back to the Copyright Board for reconsideration. == Background and facts == Access Copyright represents authors and publishers of literary and artistic works. The entity administers the reproduction of such works by issuing licences and collecting and distributing royalties to affiliated copyright owners. When licensing or royalty agreements with users of the printed works cannot be reached, Access Copyright has the option to apply to the Copyright Board (the "Board") to certify a royalty in a form of a tariff.〔''Alberta (Education) v Canadian Copyright Licensing Agency (Access Copyright)'', 2012 SCC 37 at para 2 (Copyright'' )〕 Teachers in elementary and secondary schools across Canada frequently make photocopies of excerpts from textbooks and other published works that form Access Copyright's collection. Access Copyright wanted to revise the royalty scheme in the agreements as between the provinces and the Ontario School Boards (the "Coalition"). When the Coalition opposed the scheme, Access Canada applied to the Board for a proposed tariff.〔''Access Copyright'' at para 4〕 Although the copies made at the teachers’ initiative for student instruction fell under the allowable purpose of “research or private study”, the Board concluded that they did not constitute fair dealing and were therefore subject to a royalty.〔''Access Copyright'' at para 13〕 On judicial review, the Federal Court of Appeal upheld the Copyright Board’s conclusion that the copies were not fair dealing.〔''Access Copyright'' at para 10〕 The Coalition appealed the fair dealing issue to the Supreme Court maintaining that the Board’s conclusion was not in accordance with the test in ''CCH Canadian Ltd. v. Law Society of Upper Canada'', () 1 SCR 339 and was therefore unreasonable.〔''Access Copyright'' at para 11〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Alberta (Minister of Education) v Canadian Copyright Licensing Agency (Access Copyright)」の詳細全文を読む スポンサード リンク
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