Day: April 5, 2013

Crown bound by Copyright Act: Manitoba v Access CopyrightCrown bound by Copyright Act: Manitoba v Access Copyright



The Federal Court of Appeal ruled this week that the Crown is bound by the Copyright Act. In Manitoba v. Canadian Copyright Licensing Agency (Access Copyright), 2013 FCA 91 the Court made it clear that the structure of the Act, its legislative history and evolution all lead to this conclusion:

Having carefully examined the wording of section 12 in its overall context, including the structure of the Act, its legislative history and evolution, and other provisions, such as section 89, I agree with the Board that the words “[w]ithout prejudice to any right or privilege of the Crown” set out in section 12 are intended to refer to and preserve the Crown’s rights and privileges of the same general nature as copyright that may not fall within the meaning of the rest of this provision.

Computer and Internet Law Updates for 2013-04-05Computer and Internet Law Updates for 2013-04-05