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Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37

Fasken
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Council of Ministries of Education of Canada

In this landmark decision, the Supreme Court recognized that copies of literary works that a teacher makes for the students in his or her class can be considered “fair dealing” and thus not infringe copyright. In doing so, the Court overturned the decisions of the Copyright Board of Canada and the Federal Court of Appeal, and affirmed its previous statements that fair dealing is a user's right and not merely an exception to copyright infringement. This decision's ramifications will not only be felt throughout the educational system, but by any user who wishes to engage in fair dealing with copyright-protected works. Fasken Martineau was counsel to Province of Alberta as represented by the Minister of Education with a team that included Aidan O'Neill and Ariel Thomas.

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