
$4 millions class action lawsuit against Universit茅 Laval for copyright infrigement
Montr茅al, November 10, 2014聽鈥 Copibec has filed a motion in Quebec Superior Court for authorization to launch a class action on聽behalf of thousands of authors and publishers from Quebec, the rest of Canada and other聽countries around the world because their copyright protected works have been copied without聽permission by Universit茅 Laval.
On an annual basis, the Quebec City-based university copies more than 11 million pages from聽7,000 different works published in Quebec, the rest of Canada or abroad and includes them in聽coursepacks sold to students or distributes them online via its secure internal computer network.
Until May 2014, Universit茅 Laval, like all other Quebec universities, held a comprehensive聽licence issued by Copibec allowing it to make those copies legally. However, the university鈥檚聽board of directors decided not to renew its licence and on May 21, 2014 put into effect a policy聽concerning the use of third-party works for teaching, learning, research and private study聽purposes (鈥淧olitique et directives relatives 脿 l鈥檜tilisation de l鈥櫯搖vre d鈥檃utrui aux fins des聽activit茅s d鈥檈nseignement, d鈥檃pprentissage, de recherche et d鈥櫭﹖ude priv茅e 脿 l鈥橴niversit茅 Laval鈥).聽That policy now lets professors, lecturers, instructors and researchers make copies of copyright聽protected works and excerpts from those works without the university having to obtain聽permission from each author and publisher or pay the required royalties. Universit茅 Laval is the聽only educational institution in Quebec acting in that way.
Copibec, whose official name is the Soci茅t茅 qu茅b茅coise de gestion collective des droits de聽reproduction, is a not-for-profit created in 1998 by the Union des 茅crivaines et 茅crivains qu茅b茅cois (UNEQ) and the Association nationale des 茅diteurs de livres (ANEL) to manage the聽reproduction rights for copyright protected works in print and digital formats. It has the authority聽to manage the reproduction rights of 2,330 publishers and 24,295 authors from Quebec as well as聽the authors and publishers represented by reproduction rights organizations in 32 countries,聽including France, Belgium and the United States.
On behalf of the authors and publishers whose works were copied without permission by聽Universit茅 Laval, Copibec intends to ask the Superior Court to issue orders so that the illegal聽copying can be stopped and the illegally copied material can be seized. It also intends to ask the聽Court to sentence Universit茅 Laval to pay those authors and publishers approximately $2 million聽in unpaid royalties, $1 million in moral damages and $1 million in punitive damages in addition聽to the profits earned on the sale of coursepacks to students.
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Since the case is before the courts, Copibec鈥檚 representatives will not be giving interviews about聽the class action. For more information, please write to actioncollective@copibec.qc.ca.
Source
Copibec
514 288-1663
actioncollective@copibec.qc.ca